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
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THE \1 ADHY A PJzADFS1-1 COTTON (STATISTICS'
ACT. ISH!
I\fo.,'10of 1.9'1:7
Preamble.
Sections Page
1. Short title, extent and commencement. 180
180
181
un
181
2. Definitions.
3. Submission of yearly returns of cotton.
4. Right of access, inspection and search.
5. Use of returns or information.
6. Restriction OIl publication of returns and information 182
7. Penalties. 182
8. Pen alty Jar improper disclosure of information or returns. 182
9. Congnizance of offences. 182
182
183
183
183
10. Protection for acts done in good faith.
11. Offences by corporation.
12. Exemptions.
13. Power to make rules.

18Q
Short title, extent and
c .mnceenhment.
Definitions
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 :-
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
SU bject or contest, -
(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 gain or profi t and in cludes-
-----_._--- ....__.__._--_._--.._..--- -
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 18 of 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 Ber ar".
4. Subs, ibid S. 3 (3) Sch.. p art A, item 49, Cor sub-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
a manufacturer, or
(ii)
(iii)
an importer who carries on such business, or
a broker or commission agent who contracts for the
sale or purchase of cotton for others and stocks
cotton on their behalf, or
(iv) any other person who holds the prescribed quantity
of cotton;
(f) "year" means a year cornmencing on the 1st clay of
September;
(g) .,' •• C" " "
the expreSSIOns cotton gmrnng tactory 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-
mit on or before the prescribed date to the Director throws h
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-
ing- in this behalf shall, for the purpose or collecting any stati-
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-
(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".
1~l
Submission of yearly
returns of cotton.
Right of access,inspec-
tion and search.
Use or returns of in-
formation.

1B2
R,~~:dctioll 011 publica-
tion of returns and
information.
Penalties.
Penalty for improper
disclosure of informa-
,ion. Or returns.
Ccgnivance of offences.
Protection for acts
done in good faith.
THE MADHYA PRADESH COTTON (STATISTICS) ACT, 1947
6. (1) No individual return, and no part of any such re-
turn, and no information obtained for the purposes of this
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).
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
return which he knows to be false) or
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
any such
(c)
- (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
collection of information under this Act, who, otherwise than
i.n the execution of his duties under this Act or for the purpose
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
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.
•
10. No suit Or other legal proceeding shall be instituted
against any person in respect of anything which is 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
of clause (e) of section 2;
prescribing the date on or before which and the form
in which a return under section 3 shall be sub-
mitted; and
(iv)
(b)
(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.

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