Chapter IV PROCUREMENT, GRADING AND POOLING COTTON

1. (1) Every grower of cotton shall, after the picking operations are over, sell all kapas produced by him and which he wishes to dispose of, to the State Government, by tendering it at a collection centre : Provided that, the grower may, where such practise prevails, in the area pay the labourers engaged by him wages in kind, i.e. in kapas, and then tender the remaining quantity to the State Government as provided in this section : Provided further that, where a person is a grower of hybrid, foundation or nucleus cotton seeds and is duly approved by the Department of Agriculture for the cultivation of such seeds, such person shall be permitted to get his kapas ginned, subject to such conditions (if any) as may be prescribed, but shall then sell his ginned cotton, which he wishes to dispose of, to the State Government by tendering it at a collection centre.] : Provided also that, where the grower of cotton is a member of the Growers' Co-operative Spinning Mill, he may tender and sell the cotton produced by him, in part or full, to such Mill. When any cotton is sold to the Mill by such member, it shall be incumbent on the Mill to make initial payment of the price to the member, which shall not be less than the guaranteed price for the variety or grade of cotton as fixed by the State Government and to make final payment of the price, which shall not be less than the final price for the variety or grade as fixed by the State Government. The Mill shall tender and sell excess cotton so acquired by it to the State Government at the price paid by it.] (2)
   • (a) Save as otherwise provided in the first proviso to sub-section
2. (1) of the section or in section 21, no person shall be entitled to tender any cotton grown by him at a collection centre, except on a green card issued to him, or to tender any cotton grown by another person on his behalf at a collection centre, except on a green card issued to that person and except on production of a written authority from such person for such tender.
   • (b) The condition subject to which a green card may be issued to, and used by, any person and subject to which it shall be liable to be suspended or cancelled shall be such as may be prescribed.
3. (3) If any officer, not below the rank of Assistant Registrar of Co-operative Societies, is satisfied that any person has tendered or attempted to tender at a collection centre any cotton not grown by him on the green card issued to him, or any cotton on the green card issued to another person, which is grown by the tenderer or by any other person other than the person to whom that card is issued, or any cotton in contravention of sub-section (2), such officer, after holding such inquiry as he deems necessary and after giving a reasonable opportunity to such tenderer to offer his explanation, may, without prejudice to any prosecution or other action which may be taken against such tenderer, by order direct that the whole or any part of the stocks of cotton so tendered or attempted to be tendered and all packages, coverings or receptacles in which such stocks are found and every animal vehicle, vessel or other conveyance used in carrying such stocks, shall be forfeited to the State Government. Where such tenderer has already been paid the price for any such stocks of cotton, such officer may by order direct that the amount paid as price to such tenderer shall be refunded by him at the collection centre, within two days from the date of receipt of such order by him and on his failure to do so shall be recovered from him as an arrear of land revenue.
4. (4) Any tenderer aggrieved by any order made by an officer under sub-section
5. (3) may, within one month from the date of communication to him of such order, appeal to the District Deputy Registrar of Co-operative Societies of the District. Such Deputy Registrar shall, after giving an opportunity to the appellant to be heard, pass such order as he may think fit, confirming, modifying or annulling the order appealed against.

Tendering of Kapas by persons other than the grower Any kapas given by the grower to labourers in lieu of wages as provided in [the first proviso] to the last preceding section shall not be sold by the labourer to any person other than the State Government.

Duty of every Market Committee to designate and maintain sufficient collection centres at convenient places

1. (1) Notwithstanding anything contained in the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, it shall be the duty of every market committee to designate and maintain one or more convenient places as may be found necessary, for tendering [cotton] by the growers and other persons holding stocks thereof.
2. (2) If after making such inquiry as he deems fit the Director of Marketing is satisfied that any collection centre designated by any market committee is not convenient to the growers and other persons who wish to tender [cotton] or that no collection centre is designated by it or the collection centre designated by it is not sufficient for the needs of the locality he may by order direct the market committee to designate and maintain such place or places as may be specified by him as the collection centre or centres, and the market committee shall comply with such direction.
3. (3) If the Director of Marketing is satisfied on a complaint or otherwise, that any direction issued by him under sub-section
4. (2) is not complied with by the market committee within a reasonable period, he may, after giving a notice of at least 15 days and giving a reasonable opportunity to the market committee of being heard, by order fix a period for compliance with the direction and communicate such order to the market committee.
5. (4) If the direction is not complied with within the period so fixed, the Director of Marketing may appoint some person to comply with the direction and may order that the expense for such compliance with a reasonable remuneration to the person so appointed shall be paid from time to time by the market committee from its Market Fund.

Grading and pooling of Cotton tendered at collection centres [All cotton tendered at the collection centres as required by section 20] by the growers or the persons holding stocks or on their behalf by the agents for the State Government shall be graded and marked with the grade designation marks [in accordance with the provisions of the rules made in this behalf] and pooled according to the grades ; [* * * * *]

1. (1) Weighment of all [cotton] so tendered at the collection centres shall be done in accordance with the provisions of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 and the bye-laws of the market committee made thereunder, and every tenderer shall be granted a receipt for [cotton] tendered by the him.
2. (2) Such receipt shall specify the collection centre at which and the date on which [cotton] was tendered, the name of the party tendering, the quantity of [cotton] which was tendered, and the grade thereof, and other particulars as may be prescribed.