LexThe UNITED PROVINCES COTTON (STATISTICS) ACT, 1947
Uttar Pradesh · state statute
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THE UNITED PROVINCES COTTON (STATISTICS) ACT, 19471
(U. P. Act No. V of 1947)
Adapted and modified by the Adaptation of Laws Order, 1950.
[Passed by the United Provinces Legislative Assembly on
August 13, 1946 and the United Provinces Legislative Council on
January 18, 1947.
Received the assent of the Governor of the United Provinces on
March 13, 1947 under section 75 of the Government of India
Act, 1925 and was published in the United Provinces Gazette in
March 22, 1947.]
AN
ACT
to facilitate the collection of statistics relating to raw cotton in
the United Provinces.
Preamble WHEREAS it is expedient to facilitate the collection of statistics
relating to raw cotton in the United Provinces ;
It is hereby enacted as follows :–
Short title,
extent and
commencement
1. (1) This Act may be called ‘‘the United Provinces Cotton
(Statistics) Act, 1947’’.
(2) It extends2 to the whole of Uttar Pradesh.
Areas Act or order under which Notification, if Date from
extended any, under which
which enforced enforced
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1 2 3 4
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1. Rampur District Rampur (Application
of Laws) Act, 1950.
No. U. O.-133(iv)/XVII—
345-49, dated February
28, 1951, in Gazette,
dated March 3, 1951.
Part I p.184.
March. 3,
1951
2. Banaras District Banaras (Application
of Laws) Order, 1949.
No. U. O.-133(ii)/XVII—
204-50, dated February
28, 1951, in Gazette,
dated March 3, 1951.
Part I p.184.
Ditto
3. Tehri-Garhwal
District
Tehri-Garhwal
(Application of Laws)
Order, 1949.
No. U. O.-133/XVII—
344-49, dated February
28, 1951, in Gazette,
dated March 3, 1951.
Part I p.184.
Ditto
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1. For S. O. R. See Gaz., dated November 30, 1946, Part VII, pp. 15-16.
2. This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3
with effect from the date mentioned in column 4 against each such areas.
[The United Provinces Cotton (Statistics) Act, 1947]
24
(3) It shall come into force on such date1 as the [State Government]2
may, by notification in the official Gazette, appoint in this behalf.
Definitions 2. In this Act, unless there is anything repugnant in the subject
or context—
(i) “cotton” means raw cotton of every description, including
foreign raw cotton and cotton waste ;
(ii) “Economic Adviser” means Economic Adviser to
Government, [Uttar Pradesh]3 ;
(iii) “Indian Central Cotton Committee” means the Indian
Central Cotton Committee constituted under the Indian Cotton
(Cess) Act, 1923;
(iv) “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 ;
(v) “prescribed date” means the thirty-first day of August;
(vi) “[State]”4 means [Uttar Pradesh]3 ;
(vii) “trader” means a person carrying on the business of
selling or purchasing cotton and includes a broker or a
commission agent who makes contracts for the sale or purchase
of cotton for others and stocks cotton on their behalf; or anyone
holding stocks of cotton ;
(viii) the expression “cotton ginning factory” and “cotton
pressing factory” shall have the meanings respectively assigned
to them by the Cotton Ginning and Pressing Factories Act,
1925.
Delivery of
yearly returns
of cotton
3. (1) Every trader and every owner shall each year prepare and
deliver or cause to be prepared and delivered to the Economic Adviser a
return, in the form prescribed by rules made under this Act, of the
quantity of cotton of different varieties in his possession on the
prescribed date.
(2) Every such return shall be delivered or sent by post to the
Economic Adviser within seven days of the prescribed date.
Right of access
to record or
document
4. The Economic Adviser or any person authorized by him in
writing in this behalf shall, for the purpose of the collection of any
statistics required under section 3, have access to any relevant record
or document in the possession of any trader or owner and may enter at
any reasonable time any premises wherein he believes such record or
document to be and may ask any question necessary for obtaining any
information required for the aforesaid purpose.
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1. The Act came into force on Dec. 1, 1947, see, not. No. 9724/XXVIII–200, d. Nov. 6, 1947, in Gaz., d.
Nov. 15, 1947, Pt. 1, p. 828.
2. Subs. by the A.O. 1950 for [Provl. Govt.].
3. Subs. by the A. O. 114,1950 for [the United Provinces].
4. Subs. by the A. O. 1950 for [Province].
[The United Provinces Cotton (Statistics) Act, 1947]
26
Use of return
required under
section 3 or
information
obtained under
section 4
5. The Economic Adviser may use the returns furnished
under section 3 or information obtained under section 4 for such
purposes as he may deem fit and may in particular use such returns
or information for the purpose of supplying any statistics required by
the Indian Central Cotton Committee.
Restriction on
the publication of
returns and
information
6. (1) No individual return made under section 3 and no part
of such return and no information obtained under section 4 shall,
without the previous consent in writing of the trader or owner, as the
case may be, by whom the return or information was furnished or
given, or his authorized agent, be published in such manner as
would enable any particulars to be identified as referring to a
particular cotton ginning factory or cotton pressing factory or the
business of any particular trader.
(2) Except for the purposes of a prosecution under this Act or
under the Indian Penal Code, 1860, no person not engaged in
connection with the collection of statistics required under this Act
shall be permitted to see any individual return or information
referred to in sub-section (1).
Penalties 7. If any person—
(a) willfully refuses or without lawful excuse neglects to
furnish the return required under section 3; or
(b) willfully furnishes or causes to be furnished any such
return which he knows to be false; or
(c) refuses to answer or willfully gives a false answer to
any question asked in exercise of the powers conferred by
section 4; or
(d) impedes the right of access to relevant record or
document or the right of entry conferred by section 4;
he shall be punishable with fine which may extend to rupees five
hundred, and in the case of a continuing offence, to a further fine
which may extend to rupees two hundred 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 the true
return or answer has been given or made.
Penalties for
improper
disclosure of
information and
returns
8. If any person engaged in connection with the collection of
statistics under this Act willfully discloses any information or the
contents of any return given or made under this Act otherwise than
in 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, he 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, imprisonment and fine.
Cognizance of an
offence
9. No prosecution under section 7 shall be instituted except
with the previous sanction in writing of the [State Government].1
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1. Subs. by the A. O. 1950 For [provl. Govt.]
[The United Provinces Cotton (Statistics) Act, 1947]
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Protection for
Acts done under
this Act
10. No suit or other legal proceedings shall be instituted
against any person in respect of anything which is in good faith done
or intended to be done under this Act.
Power to make
rules
11. (1) The [State Government] 1 may, subject to the condition
of previous publication, make rules for carrying out the purposes of
this Act.
(2) Without prejudice to the generality of the foregoing powers,
such rules may provide for the following matters, namely :–
(a) the form of return to be furnished under section 3 ;
and
(b) the exercise of the right of access to documents and
the right of entry conferred by section 4.
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1. Subs. by the A. O. 1950 For [Provl. Govt.]