Compounding offences, etc

The Cotton Ginning and Pressing Factories (Bombay Amendment) Act, 1936

Labour193615 sections

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Statutory text

(1) The District Magistrate may accept from any person whose licence is liable to be suspended, withdrawn or cancelled under this Act, or who is reasonably suspected of having committed an offence under this Act, a sum of money in lieu of such suspension, withdrawal or cancellation or by way of composition for the offence which may be committed, as the case may be.
(2) On payment by such person of such sum to the District Magistrate, such person if in custody shall be set at liberty and if criminal proceedings shall have been instituted against such person, the composition shall be held to amount to an acquittal. 12. Amendment of sections 3, 4, 6, 7, 8 and 9 of Act XII of In sub-sections
(5) and
(6) of section 3, in sub-section
(2) of section 4, in sub-section
(2) of section 7, in sub-section
(2) of section 8 and in sub-section
(3) of section 9 of the said Act for the words "shall be punished" the words "shall, on conviction, be punishable" shall be substituted. 3AA. Penalty for making cotton wet Any owner of cotton who knowingly makes or causes to be made any cotton which is ginned and which is being or is intended to be pressed in a cotton pressing factory, wet, or mixes or causes to be mixed seed, foreign substance or cotton waste with such cotton, or in any area specified in sub-section
(1) on section 3A makes any admixture of cotton, or abets or knowingly allows or connives at any such act shall, on conviction, be punishable with fine which may extend to five thousand rupees 4. Amendment of section 3B of Act XII of In section 3B of the said Act, after the word, figure and letter "section 3A", the words, figure and letters "or section 3AA" shall be inserted. 5B. Power to regulate rates for ginning and pressing in certain areas
(1) If the State Government is of opinion that it is necessary so to do, for the purpose of securing the ginning or pressing of cotton in any local area at reasonable rates of charge, it may by an order published in the Official Gazette direct that no owner or person in charge of any cotton ginning factory or cotton pressing factory in such local area shall-
- (i) charge or cause to be charged, for the ginning or pressing (or both) of cotton rates in excess of such maxima as may be fixed by the rate fixing committee of such local area under sub-section
(6) ; or
- (ii) without reasonable excuse refuse to accept or cause to be so refused, cotton tendered by any person for ginning or pressing if the tenderer is prepared to pay charges at rates lawfully leviable ; or
- (iii) impose as a condition precedent to the acceptance of cotton for ginning or pressing tendered by any person for the purpose, surrender of cotton seed or lint in whole or in part in lieu of the charges lawfully leviable : Provided that where a cotton ginning factory or cotton pressing factory carries on the process of ginning or pressing cotton exclusively for its owner or person in charge as part of his normal trade, the State Government may exempt such factory from the operation of clauses
- (ii) and
- (iii) subject to such conditions as may be prescribed.
(2) There shall be appointed a rate fixing committee in each local area specified in the notification under sub-section (1), which shall consist of-
- (a) the Collector or Deputy Commissioner of the District ;
- (b) two representatives of the growers of cotton of such local area ;
- (c) two representatives of the owners of cotton ginning or cotton pressing factories in the local area ;
- (d) one person (not being a Government servant) who possesses special knowledge of, or experience in, the ginning and pressing of cotton or of the cotton trade, to be nominated by the Collector or Deputy Commissioner of the district in consultation with the State Government.
(3) The Collector or Deputy Commissioner shall be the Chairman of the Committee.
(4) The representatives referred to in clauses
- (b) and
- (c) of sub-section
(2) shall be appointed in such manner as may be prescribed.
(5) The term of office of the non-official members of the committee, the manner in which the members may resign and casual vacancies filled up, and the procedure regarding the work of the committee shall be such as may be prescribed.
(6) Every rate fixing committee shall fix the maximum rates for ginning or pressing cotton within its local area, having regard to such matters as may be prescribed.
(7) If any person gins or presses cotton at a rate exceeding the rate fixed by the committee under the provisions of this section or contravenes the provisions of any order made under sub-section
(1) he shall, on conviction, be punished with fine which may extend to Rs. 500. 8. Amendment of section 5B of Act XII of In section 5B of the principal Act,-
- (a) in sub-section (2),-
  - (i) for the words "in the notification" the words "in the order notified" shall be substituted,
  - (ii) the words "or Deputy Commissioner" shall be deleted ;
- (b) in sub-section (3), the words "or Deputy Commissioner" shall be deleted. 9. Amendment of section 9 of Act XII of In section 9 of the principal Act, in sub-section (2),-
- (a) for the words "the owner of every cotton pressing factory" the words "the owner of every cotton pressing factory or cotton ginning factory" shall be substituted ;
- (b) for the words "shall cause the press house" the words and brackets "shall cause the press house or, as the case may be, the gin house (including any place used for storing cotton)" shall be substituted. 10. Amendment of section 13 of Act XII of In section 13 of the principal Act,-
(1) in sub-section (1)-
- (a) for clause
- (ag) the following shall be substituted, namely:- "(ag) the rank of the Government servant for the purposes of sub-section
(1) of sections 3B and 3C;",
- (b) in clause (c),-
- (a) before sub-clause (i), the following shall be inserted, namely:- "(i) prescribing conditions subject to which a factory may be exempted from the operation of clauses
  - (ii) and
  - (iii) of sub-section
(1) of section 5B,",
- (b) sub-clauses
  - (i) to
  - (iii) shall be renumbered as sub-clauses
  - (ii) to
  - (iv) of that clause, respectively ;
(2) for sub-section (3), the following shall be substituted, namely:- "(3) All rules made by the State Government under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following and publish in the Official Gazette.". 11. Savings
(1) The repeal by section 2 of the laws mentioned in Part II of the Schedule shall not affect-
- (a) the previous operation of any of the laws so repealed or anything duly done or suffered thereunder ;
- (b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the laws so repealed ;
- (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the laws so repealed ; or
- (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2) Subject to the preceding sub-section anything done or any action taken (including any licence granted, refused, suspended or cancelled, certificates given, returns submitted, statements compiled, or notifications, orders, rules, authorisa- tions or seizures of things made) under any such law shall be deemed to have been done or taken under the corresponding provisions of the principal Act and shall, until altered, repealed or amended, by anything done or taken under the principal Act, continue in force accordingly.

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