Insertion of new sections

After section 3 of the said Act, the following sections shall be inserted, namely :- " 3-A.

1. (1) The State Government may, by notification in the Fort St. George Gazette, direct that no admixed cotton shall be ginned or pressed in a cotton ginning or pressing factory situated in any specified area.
2. (2) Any owner or person in charge of a factory who, in contravention of a notification issued under sub-section (1), gins or presses, or allows to be ginned or pressed in such factory any cotton which he knows or has reason to believe to be admixed cotton, shall be punishable with fine which may extend to one thousand five hundred rupees. 3-B. Any owner or person in charge of a cotton ginning or pressing factory who, knowing or having reason to believe that any cotton is watered, or has been mixed with cotton leaf or cotton seed or contains moisture in excess of the normal quantity.
   • (b) The normal quantity of moisture in any given quantity of cotton is the amount of moisture which such cotton may reasonably be expected to contain, regard being had to the variety of the cotton, and the place or places at or to which, and the time or times of the year in which, such cotton was picked, collected, stored, conveyed, left, ginned or pressed.
   • (c) A certificate given by the prescribed authority as to the normal quantity of moisture in a given quantity of any cotton, and the quantity of moisture which it actually contains shall be evidence of such matters, and shall, until the contrary is proved, be presumed to be correct ; and if the latter quantity as specified in the certificate exceeds the former it shall be presumed, until the contrary is proved, that the cotton has been watered. (2)
   • (a) For the purposes of section 3-B no variety of cotton shall be deemed to be mixed with cotton leaf or cotton seed unless such cotton contains cotton leaf or seed in excess of the quantity prescribed for such variety of cotton,
   • (b) A certificate given by the prescribed authority as to the quantity of cotton leaf or seed which a given quantity of any cotton actually contains shall be evidence thereof and shall, until the contrary is proved, be presumed to be correct ; and if the quantity specified in the certificate exceeds the limit prescribed under clause
   • (a) for cotton of that variety, it shall be presumed, until the contrary is proved, that the cotton has been mixed with cotton leaf or seed in excess of the limit so prescribed. 3-D. Any owner of cotton who knowingly -
   • (a) mixes one variety with another variety of cotton,
   • (b) waters any ginned cotton which is being, or is intended to be, pressed in a cotton pressing factory,
   • (c) mixes with ginned cotton any foreign substance, cotton leaf or cotton seed. or
   • (d) abets, or allows the commission of, any of the acts specified in the foregoing clauses, shall be punishable with fine which may extend to one thousand five hundred rupees. 3-E.
   • (a) suo motu, if such Government or officer has reason to believe that there has been contravention of the provisions of sections 3-A, 3-B or 3-D in respect of any cotton or package or bale of cotton, or
   • (b) on receipt of a complaint from any person that there has been such a contravention in respect of any cotton or package or bale of cotton and on payment of the prescribed fee by the complainant, cause such cotton or the contents of such package or bale to be examined by the prescribed authority. 3-F.
3. (1) The State Government may authorize any officer to enter and inspect, at any reasonable time, any cotton ginning or pressing factory for the purpose of ascertaining whether there is any contravention therein of any of the provisions of this Act, or of any rule made thereunder, or of any of the conditions subject to which a licence has been granted in respect of such factory, and to seize and remove all things in respect of which an offence punishable under this Act, appears to have been committed.
4. (2) The owner or person in charge of the factory shall give every reasonable assistance to the inspecting officer in the performance of his duties under sub-section (1).
5. (3) The owner or person in charge of the factory shall be permitted to be present during the inspection ; and the things seized during such inspection shall be sealed in the prescribed manner."