The Madhya Pradesh Cotton (Statistics) Act, 1947

The Madhya Pradesh Cotton (Statistics) Act, 1947 Act 40 of 1'147 Kevword(s): Cotton, Owner, Trader, Cotton Ginning Factory, Cotton Pressing Factory DISCLAIlVIER: 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 mayor 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 THE \1ADHY A PJzADFS1-1 COTTON (STATISTICS' ACT. ISH! I\fo. ,'10of 9'1:7 1. Preamble. Sections Page 1. Short title, extent and commencement. 180 2. Definitions. 180 3. Submission of yearly returns of cotton. 181 4. Right of access, inspection and search. un 5. Use of returns or information. 181 6. Restriction publication of returns and information 182 OIl 7. Penalties. 182 8. Pen alty Jar improper disclosure of information or returns. 182 9. Congnizance of offences. 182 10. Protection for acts done in good faith. 182 11. Offences by corporation. 183 12. Exemptions. 183 13. Power to make rules. 183 18Q THE MADHYA PRADESH COTTON (STATISTICS) ACT,1947 (No. 40 of 194-7)1 (Received the assent of the Governor on the 8th November, 1947; assent first published in the Central Provinces and Berar Gazette on the 21st November, 1947.) .An Act to facilitate the collection of statistics of stocks of Indian raw cotton in [Madhya Pradesh] 3 Preamble-s- Whereas it is expedient to facilitate the collection of statistics of Stocks of Indian raw cotton in [Madhya Pradesh] 2 It is hereby enacted as follows :- Short title, extent and c .mnceenhment. 1. (1) This Act may be cited as the [Madhya Pradesh] 3 Cotton (Statistics) Act, 1947. [(2) It extends to ani shall be in force in the whole of Madhya Pradexh.]' 2. In this Act, unless there is anything repugnant in the Definitions bject or contest, - SU (a) "cotton" means Indian raw cotton and includes seed cotton: lint and fly; "Director" means the Director of Agriculture, Madhya Pradesh and includes any officer appointed by the State Government to perform any of the functions of the Director under this ACt.J5 (c) "owner" means the OWner of a cotton ginning factory or a cotton pressing factory and includes the managing agent or other principal officer of such factory; (d) "prescribed" means prescribed by rules made under this Act; (e) "trader" means a person, other than an owner.car rying on the business of buying or selling cotton for the __ purposes -- of -- g - ai _ n . o _ r - p - ro - fi t__ and includes- _ .... . ._--_._--.. ..--- - 1. For Statement of Objects and Reasons, see Central Provinces and Berar Gazette dutCli t:l'~ ISrh July, 1947, Part II, page 125. For proceedings in Assembly, see Central Provinces and Berar Legislative Assembly Pro- ceedings, 1947, Vol. IV, pages 17 and 18of No. 10,dated the 21st October, J9f17. 2. Subs. by A.O ]950, for "rnc Cerural Provinces and Berar". 3. Subs. by M.P Act 23 of 195[;_S. 3 (4)fof "Central Provinces and Berar". 4. Subs, ibid S. 3 (3) Sch.. part A, item 49, Corsub-sections (2) and (3). -The Act came into force in tile former Madhya Pradesh \.)11 the 1st -. February, 1948, see Commerce and industry Department Notification No. 401-6688- VII, dated the 20til Juuuarv, 1948 issued under sub-section (.'n above and published in the Central Pr~vinces and Berar Gazette, dated the 23rd January,~948, Part I, Page 47 5 Subs by M. P. Act 14 of 1977. S. 2. THE MADHYA PRADESH COTTON (STATISTICS) ACf, 1947 1~l a manufacturer, or (ii) an importer who carries on such business, or (iii) a broker or commission agent who contracts for the sale or purchase of cotton for others and stocks cotton on their behalf, or any other person who holds the prescribed quantity (iv) of cotton; (f) "year" means a year cornmencing on the 1st clay of September; (g) the expreSS.,I'Ons cotton gm•• rnng tC"actory " an " cotton pressing factory" have respectiv~ly. the meanir:gs assigned to them by the Cotton Gmmng and Pressing Factories Act, 1925 (XII of 1925). Q (1) Every owner and every trad er shall each year sub- Submission of yearly mit on or before the prescribed date to the Director throws h returns of cotton. such officer, if any, as the State Government may by noti- fication from time to time specify, a return in the prescribed form of the quantity of cotton of different varieties m his possession on the last clay of the previous year. (2) Every return submitted under sub-section (1) shall be signed by the person submitting it. 4. The Director or any person authorised by him in writ- Right of access,inspec- ing- in this behalf shall, for the purpose or collecting any stati- tion and search. sues required under section 3 or for testing the accuracy of any return submitted under section 3, have access to every relevant document, book of account or other record in the possession of any owner or trader and may at any reasonable time between sunrise and sunset with or without notice to such owner or trader, as the case may be, enter any premises wherein he believes such document, book or other record to be, and examine and take copies of, or extracts from, the document, book of account or other record. The Director or the person so authorised may ask any question and make any enquiry necessary for ob- taining any information required for the aforesaid purpose and shall also have access to any premises where he has reason to believe that cotton is stocked . . 5. The Director may use returns submitted under section 3 and information obtained under section 4 for- Use or returns of in- formation. (a) compiling statistics required by the Indian Gentral Cotton Committee constituted under the Indian Cotton Cess Act, 1923 (XIV of 1923); (b) such purposes in respect of the matters enumerated in list II of the Seventh Schedule to the [Consti- tution],! as the State Government may direct. 1. Subs. by A. O. 1950fo, "Government of India Act, 1935". 1B2 THE MADHYA PRADESH COTTON (STATISTICS) ACT, 1947 R,~~:dctioll 011 publica- 6. (1) No individual return, and no part of any such re- tion of returns and turn, and no information obtained for the purposes of this information. Act, shall, w-ithout the previous consent in writing of the owner or trader concerned, or his authorised agent, be published insuch rnaner as would enable any particulars to be indentifie.i as referring to a particular cotton ginning or pressing factory or the business of a particular trader. (2) Except for the purposes of a prosecution under this Act or under the Indian Penal Code (XLV of 1860), no person not connected with the checking of returns or the collection of information under this Act shall be permitted to see any in- dividual return or information referred to in sub-section (I). Penalties. 7. If any person- (a) wilfully refuses or without lawful excuse neglects tu submit a return under section 3, or (0) wilfully submits or causes to be submitted any such return which he knows to be false) or (c) refuses to answer or wilfully gives a false answer to any question or enquiry necessary for obtaining any information for the purposes of this Act, or - (d) impedes the right of access to a relevant document, book of account or other record, or the right of entry conferred by section 4, he shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing offence, to a further fine which may extend to two hundred rupees 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 a true return or answer has been submitted. 8. Any person connected with the checking of returns Penalty for improper collection of information under this Act, who, otherwise than disclosure of informa- i.nthe execution of his duties under this Act or for the purpose ,ion. Or returns. of the prosecution of an offence under this Act or under the. Indian Penal Code (XL V of 1860), wilfully discloses any in- formation given, or the contents of any return submitted under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 9.. No prosecution for an offence under seeion 7 shall be Ccgnivance of offences. instituted exce t with the previous sanction in writing of the Director, anc no prosecution for an offence under section 8 shall be instituted except with the previous sanction in writing of the State Government. • Protection for acts 10. No suit Or other legal proceeding shall be instituted against any person in respect of anything which is in good faith done in good faith. done or intended to be done under this Act. THE MADHYA PRADESH COTTON (STATISTICS) A.CT. 1947 11. If the person contravening any of the provisions of Offences by~corporation, this Act is a company or other body corporate, the secretary, manar-er or other principal officer managing the affairs of such ~..(Jmpauy or body, as the case may be, shall be deemed to be .;\.:.l~~yof such contravention. 12. The State Government may by general or special order Exemptions. exempt at any trader or class of traders from the operation of this Act. 13. (1) The State Government may, after previous pub- Power to make rures. licarion, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the forego- ing powers, such rules may provide for- (0.) prescribing the quantity of cotton under item (iv) of clause (e) of section 2; (b) prescribing the date on or before which and the form in which a return under section 3 shall be sub- mitted; and (c) regulating the exercise of the right of access to books of account, records and documents and the right of entry conferred by section 4.