Chapter XI MISCELLANEOUS

1. (1) The State Government may, by notification in the Official Gazette, direct that any power or duty which by this Act is conferred or imposed upon the State Government (except the power to make rules) shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by an Officer or authority subordinate to it. 1[(2)
   • (a) The State Government may for the purpose of purchasing, selling, storing, processing, marketing and carrying on other business in cotton, on its behalf appoint agents for the whole State or any specified area, and any such agent may be appointed for more than one such area.
   • (b) Any agent so appointed, if specially authorised by the State Government in this behalf, shall be entitled to pledge, mortgage or otherwise dispose of all or any of the stocks of cotton for the time being in his possession as such agent, for the purpose of raising any monies by way of loans or advances required by the agent for carrying on his business in cotton, and any person, in whose favour any such pledge, mortgage or disposal is effected, shall have, by reason of such pledge, mortgage or disposal, the same rights as he would have had if the agent were the owner of the stocks of cotton so pledged, mortgaged or disposed of, as the case may be.
   • (c) The terms and conditions of appointment of agents shall be such as may be mutually agreed upon between the State Government and the agent concerned.]

1. (1) Whoever contravenes the provisions of section 17, 18
2. (1) or (2), 19, [20], 21 or 47
3. (1) shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine, or with both. (1A) Any Court trying a contravention of the provisions of section 19 may, without prejudice to any other sentence it may pass, direct that the stocks of cotton in respect of which the Court is satisfied that the said provisions have been contravened, 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.
4. (2) Whoever contravenes the provisions of section 36 or 37 shall, on conviction, be punished with fine which may extend to five hundred rupees.

1. (1) No Court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government or any officer authorised by it in this behalf.
2. (2) Notwithstanding anything contained in the *Code of Criminal Procedure V of 1898—
   • (a) all offences punishable under this Act shall be cognisable and bailable;
   • (b) it shall be lawful for a Presidency Magistrate or Magistrate of the First Class to pass on any person convicted of an offence under sub-section
3. (1) of section 43 a sentence of fine as provided in that sub-section, in excess of his powers under section 32 of the said Code.

No suit, prosecution or other legal proceedings shall lie against the State Government or any member, market committee officer, agent or authority functioning under this Act for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.

1. (1) The power to make all rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.
2. (2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to carry out the purposes of this Act.
3. (3) All rules made under this Act shall be subject to the condition of previous publication.
4. (4) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) If any person holds any stock (exceeding 10 quintals) of ginned cotton not pressed into bales on the date of commencement of the Act, whether on his own account or on behalf of any other person, he shall, within 15 days from such commencement, furnish in writing to the Collector or any other officer or person authorised by the State Government in this behalf, a full and correct statement declaring the stock to such officer. In such declaration, he shall state his full name and address, the total quantity of stock held, the exact location of the godown and place where the stock is kept and if any quantity is held on behalf on any other person the quantity so held and the name and address of the person of whose behalf it is held.
2. (2) If any person, who holds any stock of ginned cotton not pressed into bales at the date of commencement of this Act, wishes to sell the stock or any quantity therefrom to the State Government, he may, after the expiry of 15 days from the date of such commencement, tender it personally or through an agent authorised by the State Government, at a collection centre. Such person shall be entitled to receive such price for the quantity sold as the officer authorised in this behalf may determine, having regard to the guaranteed price for kapas fixed for the current cotton season, the reasonable expenses required for ginning and storing the cotton and the quality of the cotton tendered.

The provisions of this Act shall be in addition to, and shall not, save as expressly provided hereinbefore, be in derogation of the Essential Commodities Act, 1955 or any other law for the time being in force.

1. (1) If the State Government is of opinion that having regard to any of the purposes of this Act, the enforcement of certain provisions thereof is unnecessary or inexpedient for a certain time, the State Government may, by notification in the Official Gazette, suspend for such period or periods as may be necessary or expedient, the operation of those sections; and thereupon the provisions of those sections shall stand suspended except as respects things done or omitted to be done before the date of publication of the notification.
2. (2) Where the operation of the provisions of any sections is suspended for any period or periods under sub-section (1), and the State Government thereafter, or at any time before the expiry of the period or periods notified, is of opinion that those provisions (or any of them) are necessary to be revived and enforced again, or it is expedient to revive and enforce them (or any of them) again, the State Government may cancel partially or wholly any such notification of suspension by a like notification; and thereupon those provisions which were suspended and which are revived shall again have full effect from the date of publication of the second notification.
3. (3) The suspension of the operation of any sections under sub-section
4. (1) shall not affect the provisions of those sections which are not suspended; and in respect of kapas already tendered during the periods of suspension (or which may be voluntarily tendered during the periods of suspension) at the collection centres (or any other centres specified in the State Government in that behalf), all the provisions of this Act shall continue to apply or apply thereto as if none of the provisions had been suspended.