The Rajasthan Cotton Ginning and Pressing Factories Rules, 1953
Published vide Notification No. F. 10(1) C&I/B/51, dated 21-9-53, Published in Rajasthan Gazette Part 4-B, dated 10-10-53
RJ810
LEGISLATIVE HISTORY 6
In exercise of the powers conferred by section 13 of the Cotton Ginning and Pressing Factories Act. 1925 (XII of 1925), the Government of Rajasthan [hereby makes] the following Rules:- 1. Short title, extent and commencement. - (i) These rules may be called the Rajasthan Cotton Ginning and Pressing Factories Rules, 1953. (ii) They shall extend to whole of Rajasthan.
(iii) They shall come into force at once.
2. Definition. - In these rules - (a) "Act" means the Cotton Ginning and Pressing Factories Act, 1925 (Central Act XII of 1925) as amended by the Rajasthan Act 10 of 1957, in its application to the State of Rajasthan. (b) "Section" means a section of the said Act, and
(c) "Schedule" means a schedule to these rules, [and
(d) [admixture of cotton within the meaning of clause (aa) of section 2 means] such admixture of different varieties of cotton as may be notified by the State Government in the Official Gazette].
[2A. Licence. - [(i) An application for the grant of a licence under sub-section (1) of section 2A of the Act shall be made by the owner of a Cotton Ginning Factory or a Cotton Pressing factory to the [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar] within a period of one month from the enforcement of these rules and for subsequent season within a period of one month before the commencement of the season: Provided that this restriction shall not apply to the application for licence for working a new cotton ginning factory or a new cotton pressing factory: Provided further that applications for such licence can be made even after the commencement of the season but before actually starting the working of a cotton ginning factory or a cotton pressing factory, upon payment of Rs. 5/- as late fee.]] [(ii) dikl vksVkbZ vkSj nokbZ dkj[kkuksa ls vuqKfIr Qhl izfr o"kZ izfr jksyj vksVuh 10@&:0 gksxh vkSj foyEc Qhl izfr o"kZ izfr vksVuh vf/kdre 50@& :0 ds v/;/khu jgrs gq, izfr ekl izfr vksVuh 5@& :0 gksxhA vkjk vksVuh ds fy, vuqKfIr Qhl izfr o"kZ izfr vkjk vksVuh 150@& :0 gksxh vkSj foyEc Qhl izfr o"kZ izfr vkjk vksVuh vf/kdre 100@& ds v/;/khu jgrs gq, 10@& :0 gksxhA nokbZ dkj[kkuksa ds fy, og vuqKfIr Qhl izfr o"kZ izfr nkc ;U= 150@& :0 gksxh vkSj foyEc Qhl izfr o"kZ vf/kdre 200@& ds v/;/khu jgrs gq, izfr ekl izfr nkc ;U= 25@& :0 gksxh vuqKfIr ds izR;sd vkosnu ds lkFk [ktkus dh jlhn gksxh ftlesa [ktkus esa jde dk lank; nf'kZr gksA] (iii) Subject to the restrictions imposed by or under the Act or under these rules a licence shall be issued in the form of Schedule 'E' [x x x]
[Every such licence shall remaining force for one year from the date of its commencement, which shall be entitled in the licence, and on the expiry of the said period, a fresh licence shall be granted only on the payment of a fresh fee of Rs. 10/-.]
(iv) No licence for any cotton ginning or cotton pressing factory constructed after the commencement of these rules, shall be granted except upon the production of a certificate from the Inspector of Factories within the local limits of whose jurisdiction such factory is situated, that the provisions of sub-sections (1) and (2) of the section 9 have been complied with.
[(v) where the grant of the certificate referred to in sub-rule (iv) or the issue of licence under sub-rule (iii) is likely to be delayed owing to Inspector of Factories not being able to verify whether the provisions of sub-section (1) or (2) of section 9, as the case may be, have been complied with, the licensing authority may, on payment of a fee of Rs. 10/- on the production of a certificate from such Inspector of Factories that-
(a) in the case of a cotton ginning factory, the plans and specifications have been approved by him: and
(b) in the case of a cotton pressing factory, the flooring of the press house is suitable, issue a provisional licence.]
[(vi) Such licence shall be in the form in Schedule 'E' and shall be marked provisional. It shall remain in force for one year provided that the Licensing Authority may cancel it before the said period.]
[2B. Proportion of seed. - The proportion of seed prescribed under sub-section 2(a) of section 3A shall be one per cent.] 3. Forms of Registers etc. - (i) The ginning register shall be maintained in the form set out in Schedule 'A', (ii) The pressing register shall be maintained in the form set out in Schedule 'B'.
(iii) The weekly returns of cotton pressed shall be in the form set out in schedule 'C'.
(iv) The weekly returns showing the quantity of cotton ginned by a factory shall be in the form set out in Schedule 'D'.
[(v) The monthly return showing the quantity of cotton ginned by a factory shall be submitted in the form set out in [Schedule 'F']].
4. Power to examine Register etc. - any officer empowered under section 13(f) of the Act to enter and inspect a cotton ginning factory or a cotton pressing factory may when making such inspection, examine the registers mentioned in rule 3(i) and (ii) and test the accuracy of the entries.
5. Returns. - (1) The authority to whom returns under section 5 and 5A of the Act shall be submitted shall be [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar] [(2)(a) The weekly returns under sub-section (3), section 5 and subsection (2) of section 5A shall be for a period of seven days ending on Friday of each week and shall be submitted not later than the following days. The first returns shall be for the week ending on Friday immediately preceding the publication of these rules in the Official Gazette. (b) Cotton ginning returns prescribed under section 5(1) shall be furnished in the form prescribed in Schedule 'F and shall relate the calendar month and shall be submitted not later than 5th day of the following month. The first return shall be for the calendar month immediately preceding the publication of these rules in Official Gazette.]
(3) When a pressing or ginning factory finally ceases to work for season, this fact shall be stated on the last weekly return. 6. Weights to be used. - (1) No weight shall be used for the weightment of Kapas, ginned cotton or pressed cotton other than the standard [quintals of 100 Kgms.] and fractions thereof. (2) the weight of pressed and/or ginned cotton shall be converted into and expressed in lbs. avoirdupois in all returns required under the Act. [7.] Authority for purposes of sections 7, 8 and 9. - (1) The authority prescribed for purposes of sections, 7, 8 and sub-section (4) of section 9 shall be the Collector of the district in which the factory is situated. (2) The authority prescribed for purposes of sub-section (1) of section 9 shall be the Chief Inspector of Factories, Rajasthan.] [[7A.] Authority competent to give a certificate of moisture. - For the purposes of section 3A, the [Additional Director of Agriculture (Ga, Ka, Vi, Pa). Shri Ganganagar], shall be the authority competent to give certificate as to the normal quantity of moisture which a given quantity of cotton should have, and the quantity of mixture which is actually possesses. Such certificate may be based on:- (a) an analysis of the cotton carried out at the Government Agriculture Laboratory in Rajasthan, or
(b) at the laboratory of the Indian Central Cotton Committee at Bombay at the request of the Director of Industries and Commerce, Rajasthan.]
[7B]. Complaint of offences. - (1) A complaint that there has been a contravention of section 2A or 3AA in respect of any cotton package or bale shall be made in writing to [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar] and shall be accompanied by a sample of the cotton complained of: Provided that no such complaint shall be entertained unless a fee of rupees fifty in respect of such cotton or rupees ten in respect of each such package or bale with a minimum fee of rupees fifty is paid at the time of making the complaint. (2) The [Director of Agriculture or the Additional Director of [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar]] on receipt of such complaint shall cause the cotton package or bale in respect of which the complaint has been made to be seized and sealed and shall examine the same himself or forward it for examination and report to any authority prescribed in [rule 7C]. Note :- The fee prescribed in sub-rule (1) shall be recoverable in the case of bales in respect of the actual number of bales to be opened for examination (subject to a minimum of 10% of a consignment) and not in respect of the total number of the bales in respect of which complaint is made.
[7C. Authority competent to examine cotton etc. - The authorities competent to examine such cotton or the contents of such package or bale shall be: - [(1) The Director of Agriculture, Rajasthan, Jaipur or the Joint Director of Agriculture (Headquarters), and] (2) The [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar] An appeal shall lie against the decision of the above person to the State Government. The decision of the above authority, if no appeal is filed against it within seven days of the State Government if an appeal has been filed shall be final. 7D. Sealing of cotton seized. - After the examination referred to in rule 7B or rule 7C, the cotton package or bale shall be released in the manner prescribed in 7E]. [7E. Manner of sealing. - All things seized and required to be sealed under the Act shall be sealed with the official seal of the officer sealing the same and, if the owner or the persons incharge of the factory so desires, also with the seal, if any, which he may provide for this purpose.] [8. x x x] 9. Power to enter and Inspect factories. - A District Magistrate, [The Director of Agriculture, Rajasthan, the [Additional Director of Agriculture (Ga, Ka, Vi, Pa), Shri Ganganagar], the Deputy/ Joint Director of Agriculture of the region, the Assistant Director of Agriculture (Cotton) in whose jurisdiction the factory lies] or any officer specially empowered in this behalf by the State Government may enter in cotton ginning or pressing factory at any time during the usual working hours, and may make such inspections of the premises and machinery and of the prescribed registers as may be deemed necessary for the purpose of the Act of these rules. 10. Press mark to be exhibited. - Every pressing factory shall exhibit in the conspicuous place a notice showing the mark allotted to the factory under section 12 of the Act. 11. Commencement of season. - [For the purposes of the Act and these rules] the 'Season' shall be deemed to commence on the first day of September in each year.
Schedule 'A'
Ginning Register
Name of the factory ........................................Name and address of owner ............................Name of registered lessee (if any) ...................Year, Month ...................................................
|
Name of owner of kapas |
* Variety of cotton |
Quantity (by weight of kapas of ginned cotton) |
|
|
Kapas |
Lint |
||
|
1 |
2 |
3 |
4 |
|
|
|||
|
Dates on which ginned |
Remarks (if any) |
Signature of owner or person incharge of the factory |
|
5 |
6 |
7 |
|
|
* The cottons should be classified under the following different varieties viz. (1) M.B, and Rajasthan Americas, (2) Rajasthan Desi, (3) M.B. Comras, (4) Malvi, (5) U.P. Desi, (6) Jarila.
Schedule 'B'
Press Register
Name of factory ................................Name of owner ..................................Name of lessee (if any) ......................Press Mark .......................................
|
Date |
Serial numbers of the bales |
Name of person for whom pressed |
||
|
Year |
Month |
Day |
||
|
1 |
2 |
3 |
4 |
5 |
|
|
||||
|
* Number of bales of each variety of cotton pressed |
Total weight (in Lb, avoir-duposis) of each variety of cotton pressed |
Number of each variety of cotton bales pressed in bales of 392 Lb. |
Signature of owner or person incharge of the factory |
|
6 |
7 |
8 |
9 |
|
|
* Note. - The bales pressed should be classified under the following different varieties viz., (i) M.B. and Rajasthan Americans, (ii) Rajasthan Desi, (iii) M.B. Comra, (iv) Malvi, (v) U.P. Desi, (vi) Jarila
Schedule 'C'
Return of Cotton Pressed for the week ending ...... 19 .....
(Return under section 5 of the Cotton Ginning and Pressing Factories Act, 1925)
Name of press factory .....................................................Name of owner ................................................................Name of registered lessees (if any) ...................................Press mark ......................................................................Correct postal address of the factory
|
Trade description (Names of relevant varieties) |
No. of bales pressed during the week |
During the corresponding week last year |
||
|
Running bales |
Bales of 392 Lb. each |
Running bales |
Bales of 392 Lb. each |
|
|
1 |
2 |
3 |
4 |
5 |
|
1. M.B. and Rajasthan Americans 2. Rajasthan Deshi 3. M.B. Comras 4. Malvi 5. U.P. Deshi 6. Jarila Total ..................................................................... |
||||
|
No. of bales pressed since the commencement of the season (i.e. the end of week) |
During the corresponding period last year |
Remarks, if any |
||
|
Running bales |
Bales of 392 Lb. each |
Running bales |
Bales of 392 Lb. each |
|
|
6 |
7 |
8 |
9 |
10 |
|
|
||||
|
Cotton Lint ........................ |
Place ................. |
|
Cotton Waste .................... |
Date .................. |
Signature of the owner or person incharge.
Schedule 'D'
Ginning Return
(Return under section 5 of the Cotton Ginning and Pressing Factories Act)
District .......................... Number of ginning factory ..................................................Quantity of Cotton ginned for the week ending .......................... 19 ............................Name of Ginning Factory with correct postal address .................................................Name of owner or of Registered Lessee (if any) ........................................................
(in Bojas of 392 Lbs. each)
|
Variety of cotton ginned |
Quantity by weight of cotton ginned during the week |
During the corresponding week last year |
||
|
Kapas |
Lint |
Kapas |
Lint |
|
|
1. M.B. and Rajasthan Americans 2. Rajasthan Deshi 3. M.B. Comras 4. Malvi 5. U.P. Deshi 6. Jarila |
||||
|
Quantity (by weight) of cotton ginned since the commencement of the season (i.e. since 1st Sept. 19 ...) to the end of the week. |
During the corresponding period last year |
Remarks |
||
|
Kapas |
Limit |
Kapas |
Limit |
|
|
|
||||
Form of Licenses
(Rule 2A (III))
1. Name of Factory.2. Description of the place where it is situated.3. Name, description and place of residence of the owner of the factory.4. Period for which licence is granted.5. Date of commencement of the licence.6. Fee paid.
Conditions
1. This licence is granted subject to the provisions of the Cotton Ginning and Pressing Factories Act. 1925 (Central Act No. 12 of 1925) and the Rajasthan Cotton Ginning and Pressing Factories Rules, 1953.2. It shall remain in force for ............... from the date of its commencement.
|
(SEAL) |
Signature and designation of the authority granting the licence. |
(See sub-rule (V) of rule 3)
Ginning Return
|
District .................... |
Number of ginning Factory |
|
Name of Ginning Factory with correct Postal Address Name of Owner or of Registered Leasee (if any) |
||||
|
Quantity (in quintals of 100Kg. each) of cotton ginned during the month. |
Quantity (in quintals of 100 Kg. each) of cotton ginned, since the commencement of the Remarks, season (i.e. since 1st Sept..., 19 ...) to the end of the month. |
Remarks |
||
|
Quintals |
Kgms. |
Quintals |
Kgms. |
|
|
|
||||
Signature of owner or persons incharge
