The Punjab Cotton Ginning and Pressing Factories Act, 1955

|. ad 1955 : Pb.

(1) This Act may be called the Punjab Cotton Ginning and Pressing Factories Act, 1955. (2) It shall extend to the whole of Union Territory of Chandigarh. (3) It shall come into force at once.

(1) The owner of every cotton ginning factory shall maintain at the factory a ginning register in the form and manner prescribed, setting forth a daily record of all cotton ginned in the factory, the names of the persons for whom and the dates on which the cotton has been ginned, the quantity ginned for each person and such other particulars as may be prescribed. (2) The owner of every cotton pressing factory shall maintain at the factory a press register in the form and manner prescribed, setting forth a daily record of the number of bales pressed in the factory, the serial number of each bale, the name of the person for whom it has been pressed and such other particulars as may be prescribed. (3) Any ginning register or press register maintained under this section shall, when required by any person appointed by the Central Government in this behalf, be produced for inspection and the owner shall furnish to the Indian Central Cotton Committee, if required by it in writing, a copy of the entry in any press register maintained at the factory relating to any specified bale. (4) Any register maintained under this section shall be preserved for a period of two years after the last entry therein. (5) (a) in any factory any register required by this section to be maintained is not maintained in any form, if any, prescribed for the purpose; (b) any entry in any such register is proved to be false in any material particular; (c) any such register is destroyed before the expiration of the period referred to in sub-section (4); the owner of the factory shall be punishable with fine which may extend to two hundred and fifty rupees or if he has previously been convicted of any offence under this sub-section, to fine which may extend to one thousand rupees. (6) If the owner fails to produce any register, or to furnish a certified copy of any entry when required so to do under sub-section (3), or furnishes a certified copy of any entry knowing or having reason to believe such copy to be false, he shall be punishable with fine which may extend to two hundred and fifty rupees or, if he has previously been convicted of any offence under this sub-section, to fine which may extend to one thousand rupees.

(1) Any owner of a cotton ginning or cotton pressing factory who knowingly or having reason to believe that any cotton is watered or contains excess of the prescribed proportion or contains any foreign substance or cotton waste gins or presses or allows such cotton to be ginned or pressed in such factory shall, on conviction, be punishable with fine which may extend to five thousand rupees. (2) Any person who knowingly waters or wets any cotton or mixes seed or foreign substance or cotton waste with any cotton or abets or knowingly allows or connives at such watering, wetting or mixing of cotton which is ginned and which is being, or is intended to be pressed in a cotton pressing factory shall, on conviction, be punishable with imprisonment of either description, for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both. Explanation.—For the purposes of this section cotton shall be deemed to be watered or wetted if such cotton :— (a) is knowingly watered or wetted, or (b) contains moisture in excess of the normal amount, the normal amount being the amount of moisture that such cotton may reasonably be expected to contain regard being had to the place or places at or to which and the time or times of the year in which such cotton has been picked, collected, stored, conveyed, left, ginned or pressed, [or] (c) is duly certified by the prescribed authority to contain caked material or patches due to deliberate watering. (3) A certificate given by an officer authorised in this behalf by the [Central Government] as to the normal amount of moisture that a given quantity of cotton may contain and the amount of moisture that it actually contains shall be evidence of such matters, until the contrary is proved, and if the amount of moisture that cotton actually contains exceeds the normal amount, it shall be evidence, until the contrary is proved, that the cotton is watered.

(1) Any gazetted officer authorised in this behalf by the [Central Government] may, if he has reason to believe that there has been a contravention of the provisions of section 4 or section 5 in respect of any cotton, package or bale, cause such cotton or the contents of such package or bale to be examined by an officer authorised in this behalf; and for such purpose, he may cause to be taken a sample of such cotton. (2) A certificate given by an officer after examination of any cotton or the contents of any package under sub-section (1), shall be admissible in evidence and shall be presumptive proof of the facts mentioned therein until the contrary is proved.

(1) The [Central Government] may authorise any gazetted officer to enter and inspect, at any reasonable time, any cotton ginning or cotton pressing factory for the purpose of ascertaining whether there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any of the conditions subject to which such factory has worked or has been permitted to work and to seize all things in respect of which an offence punishable under this Act appears to have been committed. (2) The owner of every cotton ginning or cotton pressing factory shall give every reasonable assistance to the inspecting officer in the performance of his duties under sub-section (1). (3) The owner of such factory shall, in every instance, be permitted to be present during the inspection, and anything seized during such inspection shall be sealed in the prescribed manner.

(1) The owner of every cotton pressing factory shall cause every bale pressed in the factory to be marked in such manner as may be prescribed, before it is removed from the press house, with a serial number and with the mark allotted to the factory. (2) Every such bale which contains cotton from the crop relating to the current season mixed with cotton from the crop relating to any previous season shall be clearly marked, in such manner as may be prescribed to distinguish it from bales containing exclusively cotton from the crop relating to the current season. (3) If any bale is removed from the press house of any cotton pressing factory without having been marked as required by sub-section (1), the owner or person in charge of the factory shall be punishable with fine which may extend to two hundred and fifty rupees and if any bale to which the provisions of sub-section (2) are applicable is so removed without being marked as required by that sub-section the owner of the cotton pressing factory, if he was cognizant of the mixture, and the person (if any) being the owner of the cotton contained in the bale, to whose order it was pressed, shall be punishable with fine which may extend to two hundred and fifty rupees. (3) If any bale is removed from the cotton pressing factory without having been marked as required by sub-section (1), the owner or person in charge of the factory shall be punishable with fine which may extend to two hundred and fifty rupees and to which the provisions of sub-section (2) are any ply is so removed without being marked as required by sub-section the owner of the cotton pressing factory was cognizant of the mixture, and the person being the owner of the cotton contained in the bale, to whose order it was pressed, shall be punishable which may extend to two hundred and fifty rupees.

(1) The owner or person in charge of every cotton ginning factory shall submit to the prescribed authority within the prescribed time and in the prescribed form weekly returns showing the quantity of cotton ginned in the factory during the preceding week and from the commencement of the season to the end of the week. (2) The Central Government shall compile from the weekly returns submitted under sub-section (1) and shall publish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the State during the month and from the commencement of the season to the end of the week to which the returns relate : Provided that the quantity of the cotton ginned in any individual factory shall not be published. (3) The owner or person in charge of every cotton pressing factory shall submit to the prescribed authority, within the prescribed time and in the prescribed form weekly returns showing the total number of bales of cotton pressed during the preceding week and from the commencement of the season to the end of the week, and the approximate average net weight of the bales pressed in that week. (4) The Central Government shall compile from weekly returns submitted under sub-section (3) and shall publish in such manner as it thinks fit a statement showing the total number of bales pressed in the State during the week and from the commencement of the season to the end of the week to which the returns relate: Provided that the number of bales pressed in any individual factory shall not be published. (5) If default is made in submitting any return as required by sub-section (1) or sub-section (3), the owner or person in charge of the factory shall be punishable with fine which may extend to two hundred and fifty rupees. (6) Where the owner or person in charge of a cotton ginning or cotton pressing factory has notified to the prescribed authority that the work of ginning cotton or pressing bales in that factory has been suspended, it shall not be necessary for him to submit returns under sub-section (1) or sub-section (3) until such work has been resumed.

Government may by notification in the official gazette, and after hearing objections, if any, of persons interested, fix charges which may be charged by a factory for pressing, or ginning, or both. Such notification may apply to the whole State or to any part thereof.

(1) Where the owner of a cotton ginning or pressing factory has leased or mortgaged with possession the factory for a period of not less than one month in the case of a cotton ginning factory and three months in the case of a cotton pressing factory and retains no interest in the management or profits of the factory, and has given notice of the lease or mortgage to the prescribed authority, the owner shall hand over to the lessee or mortgagee all the registers maintained by him under section 3 before the commencement of the lease or mortgage. The lessee or the mortgagee as the case may be, shall be deemed to be the owner of the factory from the date of the notice and for the period of the continuance of the lease or mortgage for the purposes of section 3, in respect of the registers maintained or to be maintained and for that period, and for the purposes of sections 8, 9, 10 and sub-sections (2) to (6) of section 14. (2) On the termination of the lease or mortgage, the lessee or the mortgagee shall hand over to the owner the registers maintained under section 3, and the owner shall forthwith report to the prescribed authority any default of the lessee or mortgagee in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of section 3. (3) Any person who fails to comply with any of the provisions of sub-sections (1) and (2) shall be punishable with fine which may extend to two hundred and fifty rupees.

(1) On transfer of the ownership of a cotton ginning or pressing factory the transferor shall hand over to the transferee the registers maintained under section 3 and the transferee shall forthwith report to the prescribed authority any default of the transferor in complying with the provisions of this sub-section or in maintaining the registers in accordance with the provisions of section 3. (2) If default is made in handing over any register or making any report as required by sub-section (1) the transferor or the transferee, as the case may be, shall be punishable with fine which may extend to two hundred and fifty rupees. (2) In any cotton ginning factory whether erected before or after the commencement of this Act:— (a) no alterations or additions whether structural or in plant or in machinery shall be made so as to reduce the degree of compliance of the factory as a whole with the requirements set out in clauses (a) and (b) of sub-section (1); and (b) every alteration or addilion, whether structural or in plant or in machinery made after the commencement of this Act shall be in accordance with the plan and specifications previously approved by the prescribed authority: provided that nothing in this sub-section shall apply to any factory in which, after any alteration or addition has been made, only single roller gins are used and where the number of such gins is not more than four. (3) The owner of every cotton pressing factory in which cotton is handled on the ground floor shall cause the press-house to be paved or provided with other suitable flooring to the satisfaction of the prescribed authority. (4) If the owner of any factory fails to comply with any provisions of this sectin, he shall be punishable with fine which may extend to two hundred and fifty rupees. (5) Where the owner of a factory has been convicted under sub-section (4) the prescribed authority may serve on the owner of the factory an order in writing directing that such alterations shall be made in the factory, before a specified date, as are, in the opinion of the said authority necessary to secure compliance with the provisions of sub-section (1), sub-section (2), or sub-section (3) as the case may be. (6) Where the alterations are not made in accordancy with the order served under sub-section (5) the prescribe authority may serve on the owner, an order in writing directing that the work of ginning or pressing cotton in such factory shall be suspended until the alterations have been made in accordance with the said order, and the owner shall be punishable with fine which may extend to fifty rupees for each day on which cotton is ginned or pressed in the factory in contravention of the order served under this sub-section. (7) For the purposes of this section the valuation of other types of gins, such as double roller gins, in terms of single roller gins, shall be laid down by the prescribed authority.

(1) In every cotton ginning factory the construction of which is commenced after the coming into force of this Act— (a) gin-houses shall be provided with separate entrances and exits for the bringing in of unginned and the taking out of ginned cotton, respectively; and (b) construction shall be in accordance with the plan and specifications previously approved by the prescribed authority: Provided that nothing in this sub-section shall apply to any factory in which only single roller gins are used and where the number of such gins is not more than four. (2) In any cotton ginning factory whether erected before or after the commencement of this Act:— (a) no alterations or additions whether structural or in plant or in machinery shall be made so as to reduce the degree of compliance of the factory as a whole with the requirements set out in clauses (a) and (b) of sub-section (1); and (b) every alteration or addition, whether structural or in plant or in machinery made after the commencement of this Act shall be in accordance with the plan and specifications previously approved by the prescribed authority: Provided that nothing in this sub-section shall apply to any factory in which, after any alteration or addition has been made, only single roller gins are used and where the number of such gins is not more than four. (3) The owner of every cotton pressing factory in which cotton is handled on the ground floor shall cause the press-house to be paved or provided with other suitable flooring to the satisfaction of the prescribed authority. (4) If the owner of any factory fails to comply with any provisions of this section, he shall be punishable with fine which may extend to two hundred and fifty rupees. (5) Where the owner of a factory has been convicted under sub-section (4) the prescribed authority may serve on the owner of the factory an order in writing directing that such alterations shall be made in the factory, before a specified date, as are, in the opinion of the said authority necessary to secure compliance with the provisions of sub-section (1), sub-section (2), or sub-section (3) as the case may be. (6) Where the alterations are not made in accordance with the order served under sub-section (5) the prescribed authority may serve on the owner, an order in writing directing that the work of ginning or pressing cotton in such factory shall be suspended until the alterations have been made in accordance with the said order, and the owner shall be punishable with fine which may extend to fifty rupees for each day on which cotton is ginned or pressed in the factory in contravention of the order served under this sub-section.

15. The owner of a cotton ginning factory or pressing factory, for which a license has been granted for the season, shall not have the factory closed or caused to be closed, before the end of the cotton ginning or cotton pressing season, without the previous permission of the Central Government obtained in the manner prescribed, except when the factory is closed in accordance with the provisions of the Industrial Disputes Act (No. 14 of 1947), or any other law for the time being in force; in case of default, the owner shall, on conviction, be punishable with a fine which may extend to five hundred rupees; and the manager shall also be guilty of the offence and liable to punishment.

(1) No prosecution under this Act shall be instituted except by or with the previous sanction of the District Magistrate or a Executive Magistrate of the first class specially empowered in this behalf by the Central Government. (2) No offence punishable under this Act shall be tried by any Court inferior to that of a Judicial Magistrate of the first class.

18. (1) The Central Government may, by notification in the official gazette, make rules to carry out the purposes of this Act. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the mixture of different varieties of cotton permissible under this Act; (b) the proportion of seed that may be contained in the cotton; (c) the authorisation of officers to examine and certify as to the actual amount of moisture that a given quantity of cotton contains and the normal amount of moisture that such cotton should contain; (d) the authorisation of the officers to examine cotton, cotton packages or bales under this Act; (e) the manner in which anything seized under this Act may be sealed; (f) levy of fees on complaints made under section 6; (g) the allotment of a special mark to be used by each pressing factory, for the purpose of the marking of bales pressed in the factory and the manner in which such bales shall be marked under section 8; (h) the appointment of authorities for the purpose of sections 9, 12, 13 and 14; (i) the manner of service of orders made under section 13; (j) the form in which registers, records and returns are to be maintained or submitted and the time for submission of the returns; (k) the period which shall from time to time constitute a season; (l) the manner in which objections against pressing and ginning charges proposed to be fixed by Government are to be heard and disposed of; (m) the authority by whom, the form in which, the conditions subject to which and the fees on payment of which a licence may be granted under section 2-A; and (n) any other matter which has to be, or may be, prescribed.

(1) Any person who has made a contract for the purchase of baled cotton may require that no bales other than bales marked with the mark allotted under this Act for the factory in which they were pressed shall be accepted in fulfilment of such contract, and, if he so requires, no bales not so marked shall be tenderable in fulfilment of the contract. (2) Any bale marked in accordance with the provisions of section 8 shall, within the meaning of the Indian Evidence Act, 1872 (Act 1 of 1872), be presumed for all purposes, as between the parties to a contract for the purchase of baled cotton, to have been so marked before leaving the factory in which it was pressed.

No suit, prosecution or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of the rules made thereunder.

Whoever wilfully obstructs any officer in the exercise of any power conferred upon him by this Act or the rules made thereunder or fails to produce on demand by such officer any registers or other documents in his custody kept in pursuance of this Act or of any of the rules made thereunder, or conceals or prevents any worker in a factory from appearing before or being examined by such officer, shall be punishable with fine which may extend to five hundred rupees.

Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is otherwise provided in this Act for such contravention, be punishable with fine which may extend to five hundred rupees or, if he has previously been convicted of an offence under this Act or any rule made thereunder with fine, which may extend to fifteen hundred rupees.

(1) The Cotton Ginning and Pressing Factories Act, 1925 (Act XII of 1925), in its application to Punjab is hereby repealed. (2) Notwithstanding the said repeal, anything done and any action taken in exercise of any power conferred by or under the said Act shall unless inconsistent with this Act, be deemed to have been made, done or taken in exercise of the powers conferred by or under this Act.