The Tamil Nadu Cotton Control Act, 1952

The Tamil Nadu Cotton Control Act, 1952 Act 15 of 1952 Keyword(s): Controlled Area, Cotton, Prohibited Variety of Cotton, Standard Cotton DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 2513 C2ttovt Control [1952: T.N. '[TAMIL NADU ACT No. XV OF 1952]a. . THE' [TAMILN ADUC] OT~O C N o i\i~llgL A CT, 1452 (Received the assent of the Presiderrt the 25th December oft 1952 ;. first published in the For St. George Gazette on the 31st December 1952.) An Act to provide for regulating or prohibiting the cultivation of any specifiee: vari~tvo f cotton, the mixing of any specified variety of cotton wilh any other variety of cotton and the possession or usc of, or trade in, any spccifiec; variety of cotton in cerlairl areas in the . 3[State of 'Tamil Nadu] WHEREAiSt is expedient to proviclt: for r~gulatingo r prohi- biting, in c:,.tel!i areas in the 3[Starl: of T::mil Nadu], the cultiv~tionc f oily specified variety of cotton, the mixing of eily sp:ciRed v winy of c:,i&clnw lih ;!ny othsr v:.riety of co~ton:'.n j. tllc pos~-ssit:)io~r usc OF, or in, any specifi:d varict c.f cl)tton ; It is Iwrt:by t'lz;~cted as :r .follows :-- 1. (I) This Act nwy bz c.)ilid ihc '[Ta~nil Nadu] Short title and extent. Cot1011 CO~I~YOAc! !, 1952. (2) It extcnds to the whofc of the "Sl2.t~ of Tamil Nemdu]. Definitions* 2. In this AGL, unless thcrc is anything repugnant in thi: subjject or c~fitcxi,-- (a! coi~irollado rea " mtnns area sptcifjed in a 2.i notificstlon issliiil u tjdcr sectiot~3 , suh-rccliol: (1) ; (b) " cotton " includes caroil plol?~ giilned and ungii~nedc otton, cnttoll w<lstei !ild cattoti seed ; ------ -- 1 These word~u Tei-; \,il)l;tituted for tlte word " &hdras '' by the Tamil Nadu Ackpl-i:ion ot' Laws Ordt:~, 1969, :?.,;lmended by the Tamil Nadu Adaptation of 1-:.ws (Scconrl Amcndmsmt) Ortler, 1969. 2 For St;i~emeltto f Objjects ond Kcaza~~ssc,c ,. St. &orge Gnzette, dater! I1lch 2nd J,rly 1952, Part 1%'-A,p ;lgcs >b,- .49. 3 This cxj71'ession :\,IS slibstitutcd f;lr rhe expression '" S tate of Madras by the Tatnil Nadu Adaptation of L.aws Order, 1969, as 6' amended by the Talrlil Nadu Adaptation of Laws (Secoud head- merit) Order, 1969. . -------7 & I f Cotton Cpntrol . 259 A' , \ (,f) prescribed *' means prescribed by rul-s ma& " 3. (1) The Government may, by notificdtion, in respect Power to - any area specified tlzer ein the variety of (i) iix the variety or v~rietieso f cotton the culti- tion of which is permitted in such area ; or ceutcl.t,i viant ed, (ii) .prohibit the cultivation in such area of any specified ety of cotton other than any variety fixed under clause areas. (iv)' prohibit or restrict in such area the+possession of, or trade in (a) any variety of standard cotton n of the draft) will be considered by the Govcr /I- _ - i60 Q'olton Control [1952: T.N. 1 (3) Evdry notification i~ndcrs ub-section (I) shall also b2 publisl12d in : llc regional langucigc of i ha area conc:rncd . in the pr escr .bed ma nner \ Grant of 4. (1) Nolv~~thstandinga nything contained in any pamission notification issned under section 3, sub-section (1). the to factortes ,i, G9v:rnm:nt mrry, by notifi~q~tiopns, -mit, in any factory in oottan. which cotton is m :nuf2ctured illto yJrn or cloth, any variety of standard coiton to be mixed with any other variety of I cot~,on with any prohibited varicty of cotton : tw Provided t l th~e c otton so mixed is not made into fully pressed b:: 1;s and is used in such f i ctory exclusively in the ma nufacture of yarn cloth. 01- (2) The or person io charge of the factory shall maintain or clusc to be maintained a register containing a daily record of cotton other than standard cotton received into, an l use.! in, the factory. He shall preserve such regir+-r for a p:;.iod of not less than two years from the date ot tne last entry made therein. (3) The owner or person in charge oft he factory shall produc~th e regiut~brm rintained u n d ~iru h-iection (2) when required tu d3 iCj b ;~1 52 Dircc-o: r,: i.,;~ k::.: p ;r;itn :,vthfp riz-;..;b' y ir :2 : .: b,I-~u"* Penalties* 5. (1) Any prrson who, in any controlled are?, in con. travcntion of the provisions of this Act or of pny notifica- tion issued or rule ma de thereunder,-- (a) culti~atesa ny prohibited variety ~fc otton, or / (b) mixes or causes to be mixed any variety of standard cotton with any other variety of stall -3ard cotton or with any prohibited varieiy of cotton or possesses, uses, or trades in, any vtrricty of standard cotton mixed with any . other variety c f' S% n .:ard cottonar possesses, uses, or trpde in, any prohibl:e:i variety of cotton, whether lnixed with an variety of stsndard cotton or not, or (c) knowingly in any other manner contravene any rule made und er tbis Act, .-- 262 Cotton Cmtr~I [I952 T.N. Act.XV 1 if any, claiming any right thereto and the evidence, if any. which he inay produce in support of his cir!irn. :?ov,era of 8. (1) Any oEcer iiutl~ori~ i ~ ll d t his bch;rlS by tlr entry and Government mir.y, bet ween the hours of 6 ir.111. iwd O p.m.--- wzure. entcr upon any land in a ccntrolled area in (II) which he hnows or has reason to believe that eny prohibited variety of cottclt has been or is being ~u1tivi:tcd in contravention of a notification under sectio~Jl ,s ub-sxtion (I), uproot s t ~ chot ton, or cause it lo bc uprooted, 2.1~d seize t l-ie cottor1 so uprooted ; (b) enter upon or into any lir.nd, building, ship, vessel, vehicYe or place in a controkd area, in which he bnows or has reason to believe t hat any v~~rieotfy 1 e ncetd cotton mixetl with any other variety of standard colton or any prohibifed vari:ty of cotton, whether mixed with any variety of standard cotton or not, is kept in ccnrl P.? vention of a ncrific;l..tion under section 3, su b-sea ion (I), , and sciae suchcotton. (2) (a) Every officer seiaingetry cottonunder sub. . section (1) shall fort hwitL (i) t alce a sample of the colt cl n seizzd ,s eparcte it then and there into three equal parts and securely paclc and seal each ofth em with his seal in the presence of the occupier or person in charge of the land, building, ship, vessei, vciziclc or ykice on or in which such scizurc wcs made and of two witnesses and in case the occupier or psrson afore id wishes to seal them, they shall also be sealed with h s seal ; and k (ii) subject to any rules mad under section 15, send one of the sealed packages to the Cotton Specialist - aut h~izedby the Governmentto receiveit ,for examination and report to the Director, retainanot her such package for his own use and deliver the third sealed package to the . o ccu pier or per so n aforesaid (b) The officer referred to in ckuse (a) shsll have discretion either to entrust the r e ~ ~ ~ i nodf etrh e seized c~ttonto th2 occ~rpiero r pcrson aforesaid or 10 make other ~.rrc?ngmenfif cr its safe custody. If the officer decides 'o entrust the coxon to the occ~ipiero r person aforessid, such occupier or p.rson shtill take charge of the s2me and shsll give an undertaking in writing to pro- duce i hs s3iti c.jtror~& fore any Cucr-i :vhen required to do so by the said officer. 264 Cotton Control [1952: T.N. Act VY offenem 12. Where a person committing any oflence punishable by ,mrPorao under this Act or any rule made thereunder is a company, tlons#e ta or an assodation 01 body or 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 deen~edt o be guilty of such offence, Prolcction 13. No wit, prosecution or other legal proceeding shall for aLb be instituted against any person for anything which is in ~oodf ait I h n . g o od faith done or intended ro be done under this Act or any rule made thereunder. Officers 14. Every offrcer acting or purporting to act in pur- acting undersuancc of any of the provisions of this Act or any rule ** Act publbicc made thereunder shall be deemed to be a public servant savantsew ithin the meaning of section 2 1 of the Indian Penal Code (Central A(:t XLV of 1860). Power t~ 15. (1) The Government may, after previous publica- rules. tion, 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, Repeal of 16. Tho Madras Cotton Control Act, 1932 (bladras MadrasAotV 1I of 1932), is hdreby repealed. Act VXI