The East Punjab Cotton (Statistics) Act, 1948

1948: East Pb. Act XXII] COTTON (STATISTICS) 217 THE EAST PUNJAB COTTON (STATISTIC ACT, 1948. 5 TABLE OF CONTENTS.

(1) This Act may be called the East Punjab Cotton (Statistics) Act, 1948. (2) It extends to the whole of Union territory of Chandigarh. (3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.

(1) Every trader and every owner shall prepare and deliver or cause to be prepared and delivered each year to the Director a return, in the form prescribed by rules made under this Act, of the quantity of cotton of different varieties in his possession on the prescribed date. (2) Every such trader or owner shall sign a declaration of the truth of the return at the foot thereof. (3) Every such return shall be delivered or sent by post to the Director within seven days of the prescribed date.

The Director or any person authorised by him in writing in this behalf shall for the purpose of the collection of any statistics required under section 3 have access to any relevant record or document in the possession of any trader or owner and may enter at any reasonable time any premises wherein he believes such record or document to be and may ask any question necessary for obtaining any information required for the aforesaid purpose.

The Director may use the returns furnished under section 3 or the information obtained under section 4 for such purposes as he may deem fit and may in particular use such returns or information for the purpose of supplying any statistics required by the Indian Central Cotton Committee.

(1) No individual return made under section 3 and no part of such return and no information obtained under section 4 shall without the previous consent in writing of the trader or owner, as the case may be, by whom the return or information was furnished or given, or his authorised agent, be published in such manner as would enable any particulars to be identified as referring to any particular cotton ginning factory or a cotton pressing factory or the business of any particular trader. (2) No person not engaged in connection with the collection of statistics required under this Act shall be permitted to see any individual return or information referred to in section (1), except for the purposes of a prosecution under this Act or the Indian Penal Code (XLV of 1860).

(1) If any person (a) wilfully refuses or without lawful excuse neglects to furnish the return required under section 3, or (b) wilfully furnishes or causes to be furnished any such return which he knows to be false, or (c) refuses to answer or wilfully gives a false answer to any question asked in exercise of the powers conferred by section 4, or if any person impedes the right of access to record or document or the right of entry conferred by section 4, he shall for each such offence be punishable with fine which may extend to Rs. 500 and in the case of a continuing offence to a further fine which may extend to Rs. 200 for each day after the first during which the offence continues; and in respect of a false return or answer the offence shall be deemed to continue until the true return or answer has been given or made. (2) If the person contravening any of the provisions of this Act, is a company or other body corporate, the Secretary, Manager or other principal officer managing the affairs of such company or body, as the case may be, shall be presumed to be guilty of such contravention.

If any person engaged in connection with the collection of statistics under this Act wilfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purpose of the prosecution of an offence under this Act or under the Indian Penal Code, he shall be punishable with fine which may extend to Rs. 500.

No prosecution under section 7 shall be instituted except with the previous sanction of the Central Government.

No suit or other legal proceeding shall be instituted against any person in respect of anything in good faith done or intended to be done under this Act.

The Central Government may, by general or special order, exempt any trader or class of traders from all or any of the provisions of this Act.