The Tamil Nadu Cotton Control Act, 1952

(1) This Act may be called the Tamil Nadu Cotton Control Act, 1952. (2) It extends to the whole of the State of Tamil Nadu.

In this Act, unless there is anything repugnant in the subject or context,— (a) "controlled area" means an area specified in a notification issued under section 3, sub-section (1) ; (b) "cotton" includes ginned and unginned cotton, cotton waste and cotton seed ; (c) "prescribed" means prescribed by rules made under this Act.

(1) The Government may, by notification, in respect of any area specified therein — (i) fix the variety or varieties of cotton the cultivation of which is permitted in such area ; or (ii) prohibit the cultivation in such area of any specified variety of cotton other than any variety fixed under clause (i) ; or (iii) prohibit or restrict in such area the possession of, or trade in (a) any variety of standard cotton which is mixed with any other variety of standard cotton in contravention of any notification or (b) any prohibited variety of cotton. (2) Every notification under sub-section (1) shall be published in the Fort St. George Gazette and in such other manner as may be prescribed. (3) Every notification under sub-section (1) shall also be published in the regional language of the area concerned in the prescribed manner.

(1) Notwithstanding anything contained in any notification issued under section 3, sub-section (1), the Government may, by notification, permit, in any factory in which cotton is manufactured into yarn or cloth, any variety of standard cotton to be mixed with any other variety of cotton or with any prohibited variety of cotton : Provided that the cotton so mixed is not made into fully pressed bales and is used in such factory exclusively in the manufacture of yarn or cloth. (2) The owner or person in charge of the factory shall maintain or cause to be maintained a register containing a daily record of cotton other than standard cotton received into, and used in, the factory. He shall preserve such register for a period of not less than two years from the date of the last entry made therein. (3) The owner or person in charge of the factory shall produce the register maintained under sub-section (2) when required to do so by the Director or any officer authorized by the Government in this behalf.

(1) Any person who, in any controlled area, in contravention of the provisions of this Act or of any notification issued or rule made thereunder,— (a) cultivates any prohibited variety of cotton, or (b) mixes or causes to be mixed any variety of standard cotton with any other variety of standard cotton or with any prohibited variety of cotton or possesses, uses, or trades in, any variety of standard cotton mixed with any other variety of standard cotton or possesses, uses, or trades in, any prohibited variety of cotton, whether mixed with any variety of standard cotton or not, or (c) knowingly in any other manner contravenes any rule made under this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 2,000 or with both.

(1) Any officer authorized in this behalf by the Government may, between the hours of 6 a.m. and 6 p.m.— (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, sub-section (1), uproot such cotton, or cause it to be uprooted, and seize the cotton so uprooted ; (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 variety of standard cotton mixed with any other variety of standard cotton or any prohibited variety of cotton, whether mixed with any variety of standard cotton or not, is kept in contravention of a notification under section 3, sub-section (1), and seize such cotton. (2) (a) Every officer seizing any cotton under sub-section (1) shall forthwith— (i) take a sample of the cotton seized, separate it then and there into three equal parts and securely pack and seal each of them 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 and of two witnesses and in case the occupier or person aforesaid wishes to seal them, they shall also be sealed with his seal; and (ii) subject to any rules made under section 15, send one of the sealed packages to the Cotton Specialist authorized by the Government to receive it, for examination and report to the Director, retain another such package for his own use and deliver the third sealed package to the occupier or person aforesaid. (b) The officer referred to in clause (a) shall have discretion either to entrust the remainder of the seized cotton to the occupier or person aforesaid or to make other arrangements for its safe custody. If the officer decides to entrust the cotton to the occupier or person aforesaid, such occupier or person shall take charge of the same and shall give an undertaking in writing to produce the said cotton before any Court when required to do so by the said officer.

Where a person committing any offence punishable under this Act or any rule made thereunder is a company, or an association or body of persons, whether incorporated or not, the director, manager, secretary, agent or other principal officer managing the affairs of such company, association or body shall be deemed to be guilty of such offence.

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

Every officer acting or purporting to act in pursuance of any of the provisions of this Act or any rule made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

(1) The Government may, after previous publication, make rules to carry out the purposes of this Act. (2) All rules made under this section shall have effect as if enacted in this Act.

The Madras Cotton Control Act, 1932 (Madras Act VII of 1932), is hereby repealed.