section 8
Power of entry and seizure
The Bombay Cotton Control Act, 1942General194218 sections
Statutory text
- (1) Any officer authorised in this behalf by the [State] Government may
- (a) enter upon any land in, a controlled area in which he knows or has reason to believe that any prohibited variety of cotton has been or is being cultivated in contravention of a notification under section 3, uproot or cause to be uprooted such cotton and seize the cotton so uprooted ; or
- (b) enter upon or into any land, building, ship, vessel, vehicle or place in a controlled area in which he knows or has reason to believe that any prohibited variety of cotton, whether mixed with the standard cotton or not, is kept in contravention of a notification under section 3, and seize such cotton.
- (2) Every officer seizing any cotton under sub-section (1),—
- (a) shall forthwith take a sample of the cotton so seized and shall then and there separate the sample into three equal parts, and securely pack and seal each part with his seal in the presence of the occupier, or person in charge of the land, building, ship, vessel, vehicle or place on or in which such seizure was made (hereinafter referred in this section as " person aforesaid") and also of two witnesses; and where such occupier or person aforesaid desires to seal each of such parts with his seal also, the parts shall also be sealed with the seal of such occupier or person aforesaid; and
- (b) subject to rules made under section 14, shall send without delay one of the parts of the sample to such officer as may be authorised by the State Government in that behalf for examination who shall examine the sample and send his report to the Director of Agriculture;
- (c) shall deliver another part to the occupier or person aforesaid, and retain the remaining part with himself ; and then
- (d) shall either entrust the remainder of the seized cotton to the occupier or person aforesaid (on his giving an undertaking in writing to produce it before any criminal court if the officer requires him so to do), or make other arrangements for its safe custody; and
- (e) shall make a report of such seizure to the nearest Magistrate of the First or Second Class having jurisdiction to try the offence committed in respect of cotton seized specifying therein the particulars of such cotton, and furnish a copy of such particulars to the occupier or person aforesaid.
- (3) The opinion of the officer authorised under sub-section
- (2) regarding such cotton recorded in any document signed by such officer shall be evidence as to the nature of such cotton in any inquiry, trial or proceeding under this Act.
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