The Madhya Pradesh Cotton Control Act, 1954

The Madhya Pradesh Cotton Control Act, 1954
Act 17 of 1954
Keyword(s):
CO~1trolledArea, Cotton, Prohibited Variety, Standard Variety
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1Mj'.\\..'.l :
" ':, V
THEMADHYAPRADE~HCOTTO~CONTROLACT,19j4
No. J7 of 1954
TABLE OF CONTENTS
Preamble.
Sections Page
1. Short title and extent. 381
2. Definitions. 381
3. Power to specify variety of cotton to be cultivated, 382
etc., in controlled areas.
4-. Grant of permission to factories to rmx cotton. 332
5. Penalties, 383
6. Prohibition of cultivation or mixing of Garrowhill 383
cotton.
7. Confiscation.
8. Power of entry and seizure.
9. Duty of owner, occupier or person inchargc to grve 385
facilitcs for inspection by authorised officer.
10. Previous sanction for prosecution. 385
11. Cognizance of offences. 385
12-A. Composition of offence.
3136
386
]2. Offences by corporations, etc.
13. Protection [or acts done in good faith. 386
14. Persons acting under the Act to be publie servants, 386
15. Power to make rules. 386
16. Repeal and saving, 386

n-ll~ M/"-'HYA PRADESH COTTON CONTROL ACT, 195i
(No. 17 of 1954)1
38h
Received the assent orthe President on the 23rd June,
10j"i; assent first pubishcd in tile Madhya Pradesh Gazette
on the 2ndJuly, 19}1-.)
An Act to provided for controlling the production, import,
possession or use of: or trade in, certain varieties of cotton and
matter ancillary thereto for the purpose of ensuring cultivation
of h:tler varieties of cotton and the maintenance of their purity.
Prearnble,- Whereas it is cxpeudicnr to provide for con-
trolling the production imoort, possession or use of, or trade
in, cct:tain varieties of cotton and matters ancillary thereto for
the purpose of ensuring cultivation of better varieties of cotton
and. the maintenance of their purity;
It is hereby enacted as follows :--
1. (1) This Act mav be cited as the Madhya Pradesh Short title and extent.
Cotton C~rtrol Act, 195+. '
(2.) It extends to the whole of Madhya Praclcsli.]'
2. In this Act, unless there is anything repugenant in Definitions.
the subject or contcxt,-
fa) "controlled area" means the area specified in the
notification issued under sub-section (1) of section 3 ;
(b) "cotton" includes cotton plant, ginned and unglll-
ned cotton, cotton waste and cotton seed;
(c) "Director" means the Director of Agricul lure,
Madhya Pradesh, and includes any officer who is
autlL01:isccl bv th~ State Covcrnmcnr [0 exercise or
perform any' of the powers or duties of the Director
under this Act :
(d)"prescribed" means prescribed by rules made under
this Act;
(e) "prohibited variety" in respect of any area, means
a variety of cotton the cultivation of which is either
prohibited under this Act or bv the State Government
~tnder section 3 ; ,-------,"-_. __.-- _._------_.---------_ •._- ... -
For Statement of Objects and Reasons, see Madhya Pradesh Gazette,
dated the lRth September, 1953, part 92. For of Select Committee,
see Madhya Pradesh Gazette, dated the 5th March, 1954, Part IV
,A). page :'7. For Proceeding in Assembly, see Madhya Pradesh
Legislative Assembly Proceedings, 1954, Vol. V, pages 44-49 and 13-37
dated the 31st December, 1963 and 4th January, [954, respectively;
Vol. VI, pages 19-58 and 27-57. dated 9th rind lOth March. ]954.
respecti vely.
1.,
S;lbs, by M, P. Act 2j (If 1955. S,} (3). Sch. Part A, item 76.

Po wer to specify variety
of cotton to be cuitiv-
at ed. etc, in controlled
ar cas,
Grant of permisson
to [.,,·~qricsto mill.
C()t!':'!1.
~.;, •I •
THEMADHYAPRADESHCOTTONCONTROLACT,19)4
"~t(mdardvaric[~",illrDncctofanyart{t)meamI ' r /
avarietyofcottonspecifiedbytheStateGovern-ment as a standard variety under section 3.
~-j. (1) The Slate Govcrnrncm may, by notification,
. .declare an v local area to be a controlled area and
may, in l'~SpCCL of such area,-
(i) specify auy variety of cotton as being a standarcd
variety the cultivarion of which is permitted in
such area; and prohibit the cultivation in such
area of any other specified variety of COlton; or
(i£) prohibit in such area the mixing of any standard
variety with any other standard variety or wi th
any prohiicd or other variety: or
(Iii; prohibit or ro.rrict in such area the import, posses-
sion or use of or trade in, auv standard variety
mixed with any orh cr varrctv \VhClhcr standarcd,
prohibited or otherwise.
InI j /
Ii,
(2) Before issui uj; a notification under sub-section (1),
the State Covernment vshall publish in the prescribed manner
a draft of such llor:ification together \Iith a notice stating that
any objection or suggcsrion wh.ich may be received by the Slate
Govcrumcnt within the period specified in the notice (such period
being not less rlian two months frorn the date of publication of t11G
draft) WlU be considered by the State Government.
(3) Everv notification under sub-section (1) shall also/ , ',
be published in the regional language orthe controlled area in the
prescr.ibcd mariner.
,1. (I) Notwithstanding anything contained in section
~) 01' :111v notification issued there under, the State Government
may, by'notification, permit, in any factorv in h'hich cotton is
manufactured into yarn or cloth, any standard variety to be
mixed with any other standard or prohibited variety
Provided that the cotton so mixed-.
(0)
(/;)
is not made into fully pressed bales, and
i·;used ill such factory exclusively in the manu-
facture of yarn or cloth.
(2) The owner or person incharge of the factory shall
maintaiu ,0r cause to be maintained a regisler c:ontaJlling ~l daily
record of cotton other than that of standard arretv received
into, and ll~cd in, the factory. He shall preserve such r~gister for a
p,rj:)C/ "f :'?l less than two ycar~ frolll the date of the last entry
~""r-. ,", ,·f r'~ ,1" ;'}'P, I"'

·"
;~LIEMADHYAPRADESHCOTTONCONTROLACf, 1954
:). (1) Any person who cultivates any prohibited variety
in any controlled area in contravention of the provisionsof
this.Ad O~I cl anynotificationjgmedthereundershallbepuni-
shable with fine which may extend to twenty rupees or
fC'"1iI,' second or subsequent offence with fine which may extend
\e; "f;jiv rupees.
(2) j\llY person who, in any controlled area in contra-
vention of the provisions of t his Act or of any notification issued
thcrcuntlerv--
(a) mixes or causes to be mixed an v standard variety
,\.itlt any other standard variety or with any prohibited or other
V<lLi:IY '01'cotton, or
(b) imports, posflesses: uses Of trades in, any standard
varier \ rnixesd with any other standard variety
or with any prohibited or other variety of' cotton,
shall br: punishable with fine which may extend to five
thousand rupees.
(:3) The own cr oi, or arty person in cha1"ge of; a factory who
contravenes any of the provisions of sub-section (1) of section
4, or fails to comply with an y of the: provisions 0(' sub-section
(2, or sub-section (:'~) of section 4, shall Jw punishable with
firi(~ which may extend to five thousand rupees and for a second
or sub-sequent offence with fine which may extend to ten tho-
usand rupees.
G. (1) Notwithstanding anything herein before con-
lamed, no person shall wmv in. 1:rvIadhya Pradesh]' Garr owhill
cotton as a pure crop or 111 a mixture, OJ' shall mix in [Madhya
Pradesh] 1 such cotton with an Y other kind of cotton.
(?) Ally person who cultivates Garrowhill cotton in con-
t ravcntion of such sub-section (1) shall be punishable: wi t h
fin!' which may extend to twenty rupees or for the second or
S1I' '~('qucnt offences with fine with which may extend to Iifty
rupees,
(3) Ail)' person who mixes or causes to be mixed Garro-
VIlLli' cotton with any var.i~ly of cotton, whether standard,
proh: hired or other shall be punishable with a fine which may
ext end to rupees five tho us.md.
4. The provisions or section 8 and 9 shall, in respect
of G,: rrr.v, hill cot ion, appl) ,\~; if it were a prohibited variety
and the whole: ol [rhc ')iclte ,dOMadhya Pradesh]" were a contro-
lled area.
1. Subs. by M.P. Act 23 of 1958, S.3 (3), Sell. Part A, item 76, for "Malia-
koshal region".
Subs., ibid., for " Mahakoshal region".
383
Penalties.
Prohibition of cultiva-
tion or mixing of
Garrowhill cotton,

C~nfiscation.
Power of entry aad
seizure.
.•"" j \ ~'
" .',' !
THEMADHYAPRADESHCOTTONCONTROLACf,1~)4
I (1)Wherea Courttryingan offence punishable
under section 5 0 r section 6 is satisfied that all Of1CllCC under
that section l:as been committed in respect of any cotton, the
Court may direct that such cotton and every box , receptacle,
package or covering, containing such cotton shall be forfeited
to Government.
: (2) Where an offence under this. Act ?as been cornrni-
tted, or is believed to have been committed III respect of any
cotton and the offender is not know or cannot be found or where
no person claims any right il:l suc,h cotton, the officer a.utho.l'i-
sed by the State Government III this behalf may hold an ll1qulry
and 'may order confiscation of suc,h cOttOl~ .together with any
box.: receptacle, package or covenng contairung such cotton:
Provided that no such order shall be made before t!I':
expiration of Ont; month f:'om the dat.e of seizing the. c:ottOIl
liable to confiscatIOn or without hearing the person, If any,
claiming any right thereto and the evidence, if any, which he;
pro due es in support of his claim.
·8. (1) Any officer authorised in this behalf by the State
Covernrnent 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 prohi-
bited variety has been or is being cultivated in
contravention of a notification under sub-section
(1) of section 3, or of the provisions of section 6,
uproot such cotton, or cause it to be uprooted
and seize the cotton so uprooted;
(b) enter upon or into any land, building, vehicle or
place in a controlled area in which he knows or
has reason to believe that any standard variety
mixed with any other standard variety or any
prohibited or other variety of cotton, is kept in
contravention of a notification under sub- section
(1) of section 3" or of the provisions of section 6,
and seize such cotton.
(2) (a) Every officer SeIZing any cotton
section (1) shall forthwith-
under sub-
(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 inch.uxre of the land
building, vehicle or place on or'":>in which such
seizure was mack and of two witnesses and in case
the occupier or person aforesaid wishes to~f':.11 thp,.." rl.~" •.I,~ 11 ~ L_ t., - - , ,

THEMADHYAPRADESHCOTTONCONTROLACT,l~'~
behalf for examination and report to LlIC
retain another such package for his own
deliver the third sealed package to the
or person aforesaid.
Director,
use and
occupier
lb) The ofliccr referred to 111 clause (a) shall have dis-
crcrior, either [0 enuust the remainder of the
seized cotton to the occupier or person aforesaid
or 10 make other arrangements fOT its safe custody.
If the officer decides 1:0 entrust the cotton to the
occupier or person aforesaid, such occupier or
person shall take charge of the same and shall
givc an undertaking in writing to produce the
said colton before any Court w.ien required to do
so by (he said officer.
.c) The officer referred to in clause (a) shall forthwith
make a report of the seizure to the nearest magis-
trate having jurisdiction to try the offence commi-
tted in respect of such cotton, together with parti-
culars of such cotton and furnish a copy of such
particulars to the occupier or person aforesaid.
(3) The opinion of the officer authorised under para-
'ph (ii) of clause (a) of sub-section (2) contained in any docu-
n, It signed by such officer regarding the cotton sent to him
ror examination under that clause, may be used as evidence
a~ to the nature of such cotton, in any inquiry, trial or procce-
ding under this Act.
. :,4; If 1Lc occupier or person aforesaid refused to take
llar,ge of the cotton when required under clause (b) of sub-section
?j OJ to give the undertaking referred to in that clause, or
Jails to produce the cotton before: the COUt·t when rcqui red,
he shall be punishable with fine which m::L'J extend to twice the
value of such cotton. '
9. (1) Lvcry owner, occupier or person incharge of any
'land, building, vchick or l)laC(: in a controlled area shall give
all reasonahic L,ciiine..; LO the officer authorised under- sub-
section (1) of section G, to inspect such land, building, vehicle
or place.
(:2) \'\'llOtVCr contravenes the prO\/!SlOl1S of sub-section
1) shall, 01; conviction, bc punishable v...j th [illl' which rna y
..xtcnd to twcn iv nlpces.
10. r\o prosecution tinder
there-under shall be instituted
U' the Director.
this Ace or any rule made
without the previous sanction
11. No ollerrcc punishable under this Act or any rule
made there under shall be inquired into or tried by any' Court
'/,o ~.t_ ••. r -i\.,{' ...•'"""!....•~.,~ .....,....('+-hr.<.:: .......•..••...•.T' •..lf'l'l<...'"
Duty of owner, OCCll-
pier or person incharge
to give facilities for
inspection by authorised
officer.
Previous sanction
prosecution.
Cognizance of offences.

... ~, ~'. " . ~.
,'f':" f,,;,
ocUV ·H THEMADHYAPRADESHCOTTONCONTROLACT,1~)4
)ffencfSD~cOJpora·
lon~)etc.
Compositionof offence.
)rotection foracts done
n good faith.
Persons :acting under
the Act to be public
iervants.
Repeal and saving.
1~I Whereaper~oncommittinganyoffencepuni~hable
underthi~Actoranyprulemadethereunderi~a companyoran 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.
[l2~A. (1) Any gazetted officer of the Agriculture
Department authorised in this bahalf by the State Govern-
ment may, on acceptance of such sum as may be prescribed,
compound any offence under this Act or the rules made there-
under.
(2) On the composition of the offence under this section
no further action in respect thereof shall be taken against the
person accused of it and if any proceedintgs in respect of that
offence have already been instituted against such person in any
Court, the composition shall have the effect of his acquittal
thereof.] 1
13. No suit prosecution or other legal proceedingr 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.
14. Every person acting or purporting to act in pursu-
ance of any of the provisions of this Act or any rule made there-
under shall be deemed to be a public servant within the mea-
ning of section 21 of the Indian Penal Code, 1860 (XLV of 1860)
15. (1) The State Government may make rules to carry
out the purposes of this Act.
(2) In particular and without prejudice to the genera-
lity of the foregoing power, such rules may provide for all
or any of the following purposes, namely:-
(a) the manner in which notification under sub-section
(1) of section 3 shall be published I
(b) the condition subject to which cotton seized may
be forwarded under section 8.
(3) Any such rule may provide that a contravention
thereof, if not punishable under any provision of this Act, shall
be punishable with fine which may extend to two hundred and
fifty rupees.
(4) Rules made under this section shall be subject to het
condition of previous publication.
16. (1) 'The Central Provinces and Berar Cotton Contol
,.. ~. 10Q'7 (VV "f 1Qq7\ i~ hprp'hv renr-aled.

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