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M.P. Cotton Control Rules, 1961

The M.P. Cotton Control Rules, 1961

Published vide Notification No. 5370-6407-14-1-61, published in M.P. Gazette, Part 4 (Ga), dated 1-9-61 at page 635

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In exercise of the powers conferred by Section 15 of the Madhya Pradesh Cotton Control Act, 1954 (XVII of 1954), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (4) of the said Section :-

  1. These rules may be called The Madhya Pradesh Cotton Control Rules, 1961.
  2. In these rules, unless the context otherwise requires, if there is anything repugnant in the subject or context,-

(a) the "Act" means the Madhya Pradesh Cotton Control Act, 1954 (XVII of 1954);

(b) "Form" means a form appended to these rules;

(c) "Section" means a Section of the Act.

  1. (1) The notice containing the draft of the notification under sub-section (1) of Section 3 shall also be published in the Gazettein the regional language of the area proposed to be declared as controlled area and copies thereof shall be posted in the court-houses of the Collector and Tahsildar and also at the office of the Janapada Sabha, Block Development Officer, Mandi Committee, Gram Panchayat, Kendra Panchayat and Mandal Panchayat, if any, and at some conspicuous place in every village comprised in such area. The notice shall also be published in the regional language by beat of drum throughout such area.

(2) Every notification issued under sub-section (1) of Section 3 shall also be published in the Gazette in the regional language of the controlled area. Copies of the notification in the language shall be posted in the court-houses of the Collector and Tahsildar and also at the offices of the Janapada Sabha, Block Development Officer, Market Mandi Committees, Gram Panchayat, Kendra Panchayats and Mandal Panchayats, if any, and at some conspicuous place in every village comprised in the controlled area. The notification shall also be published in the regional language by beat of drum throughout the controlled area.

  1. Any person desirous of obtaining seed of standard variety for sowing purposes within the controlled area may purchase the same on payment from the seed stores of the Department of Agriculture or from any person authorised by the Director in this behalf.
  2. (1) An application under sub-section (1) of Section 4 shall be made to the State Government through the Director in Form A.

(2) The permit to be issued under sub-section (1) of Section 4 shall be in Form B.

(3) The register to be maintained under sub-section (2) of Section 4 shall be in Form C.

  1. (1) Each sample of cotton seized under Section 8 shall be placed in a suitable container, and the package shall be so made as to be free from the risk of temper-ability or breakage in transit.

(2) Each sample of cotton other than cotton plant seized and placed in a container shall be at least of a net weight of 1 Kilogram in respect of cotton lint, 3 Kgms. in respect of kapas, 2 Kgms. in respect of cotton seed and 1 Kgm. in respect of cotton waste.

(3) Each sample of cotton plant seized and placed in a container shall have at least 25 plants, with roots, stems, branches, leaves, flowers and bolls intact, and shall be placed in the container loosely without being compressed.

(4) Each package of seized cotton shall bear a label showing in ink the name and address of person from whom it was seized and in the case of other cotton plants, also the Khasra survey number of the field from which the seizure was made.

(5) The sealed package to be sent to the officer authorised by the State Government under Section 8 (2) (a) (ii) shall be accompanied by a report in Form D, in respect of cotton plants, and in Form E in respect of other cotton. A copy of such report shall also be forwarded to the Director.

  1. The undertaking referred to in Section 8 (2) (b) shall be in Form F.
  2. The report of seizure under Section 8 (2) (c) shall be in Form G.
  3. The sum of money to be accepted for compounding any offence under Section 12-A may extend in the case of an offence under-

(a) sub-section (1) of Section 5 to twenty rupees for the first offence and to fifty rupees for every subsequent offence;

(b) sub-section (2) of Section 5 to five thousand rupees;

(c) sub-section (3) of Section 5 to five thousand rupees for the first offence and ten thousand rupees for every subsequent offence;

(d) sub-section (2) of Section 6 to fifty rupees;

(e) sub-section (3) of Section 6 to five hundred rupees;

(f) sub-section (4) of Section 8 to twice the value of the cotton entrusted under clause (b) of sub-section (2) of Section 8; and;

(g) sub-section (2) of Section 9 to twenty rupees.

  1. The Madhya Pradesh Cotton Control Rules, 1955 and all other rules corresponding thereto in force in any region of the State of Madhya Pradesh Immediately before the commencement of these rules are hereby repealed:

Provided that anything done or any action taken under any of the rules so repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.

Form A

[See sub-rule (1) of Rule 5]

Application for issue of permit for possession of prohibited variety of cotton and for mixing any standard variety with any other standard or prohibited variety under the Madhya Pradesh Cotton Control Rules, 1961

  1. Name of the factory and its situation
  2. Name and address of the owner
  3. Name and address of the lessee (if any)
  4. Name of standard varieties proposed to be mixed
  5. Name/Names of prohibited variety of cotton for which the permit is required
  6. Quantity of prohibited variety of cotton required for use in the factory
  7. Source from which the prohibited variety of cotton is proposed to be procured
  8. Period for which the permit is required
  9. Reference to previous permits (if any)
  10. I/We hereby undertake to comply with all the provisions of the Madhya Pradesh Cotton Control Act, 1954, and the rules made thereunder.
Place.................
Date................. Signature of applicants

To,

The Secretary to Government of Madhya Pradesh Agriculture Department, (Through the Director of Agriculture)

Form B

[See sub-rule (2) of Rule 5]

Permit for mixing any standard variety with any other standard or prohibited variety of cotton in the manufacture of yarn or cloth under the Madhya Pradesh Cotton Control Rules, 1961

  1. Permit No.....................Year............

Period of validity...........................

  1. Name of the factory and its situation
  2. Name and address of the owner
  3. Name and address of the lessee (if any)
  4. Name of standard varieties permitted to be mixed
  5. Quantity permitted for mixing up
  6. Name,/Names of prohibited variety/varieties of cotton permitted to be used
  7. Quantity permitted in each prohibited variety of cotton
  8. Date of expiry of permit

Place..............

Date...............

Signature

Note. - This permit should be exhibited in a prominent place in the place of business. Certified copies should be exhibited, if there are more than one place of business.

Form C

[See sub-rule (3) of Rule 5]

Register showing the standard or prohibited varieties of cotton permitted to be mixed by factories in the manufacture of yarn or cloth under the Madhya Pradesh Cotton Control Rules, 1961

  1. Name of the factory and its situation
  2. Name and address of the Owner
  3. Name and address of the lessee (if any)
  4. Year (Calender year)
  5. No. and date of permit
  6. Period of validity of permit
  7. Name/Names of standard variety/prohibited varieties of cotton permitted to be mixed
  8. Quantity of variety/varieties of standard/prohibited cotton covered by permit
  9. Number of pages in the register
Date Source from which procured Quantity purchased at each time (Kgms.) Progressive total quantity (Kgms.)
(1) (2) (3) (4)
 

 

Quantity is sued (Kgms.) Purpose for which issued and utislied (Kgms.) Quantity remaining as balance Date of inspection and signature of authorised officer with designation
(5) (6) (7) (8)
 

Note. - Bale should be reckoned as 180 kgms. net.

Form D

[See sub-rule (5) of Rule 6]

Report of seizure of cotton plants under the Madhya Pradesh Cotton Control Rules, 1961

  1. Description of the land in which the prohibited variety of cotton was cultivated-

(a) District

(b) Tahsil

(c) Village

(d) Khasra or Survey No. and Sub-division No. (if any)

  1. Name and address of the owner or occupier
  2. Name and address of the tenant (if any)
  3. Particulars of the cotton plant seized-

(a) Description

(b) Quantity

  1. Description of the seals used for sealing
  2. Date of handling the third sealed package to the owner/ occupier/tenant
  3. Whether undertaking in writing was obtained from the party for safe custody
  4. Any other arrangements made for the safe custody of the balance of the seized cotton
  5. Any other remarks
Station..................
Date.....................
Names of witnesses-
(1)....................
(2).................... Signature of Reporting Officer
Signature of witnesses-
(1)....................
(2)....................

Form E

[See sub-rule (5) of Rule 6)]

Report of seizure of cotton/kapas/lint/waste/seeds under the Madhya Pradesh Cotton Control Rules, 1961

  1. Description of the land, building or place in which the prohibited variety of cotton or mixture of any standard variety of cotton or with any other standard variety of cotton or prohibited variety of cotton or the container with marks of a particular standard variety of cotton containing some other cotton in respect of cotton or kapas or lint or waste or seeds was kept-

(a) District

(b) Tahsil

(c) Village

(i) Khasra or Survey No.

(ii) Sub-Division No., if any

  1. Name and address of the owner of the land, building or place
  2. Name and address of the person from whose possession the cotton was seized.
  3. Particulars of the cotton seized-

(a) Description

(b) Quantity

  1. Description of seals used for sealing
  2. Date of handling the third sealed package to the owner/occupier/person in whose possession the cotton was found
  3. Whether undertaking in writing was obtained from the party for safe custody of the remaining quantity
  4. Any other arrangements made for the safe custody of the balance of the seized cotton.
  5. Any other remarks.
Station..................
Date.....................
Names of witnesses-
(1)....................
(2).................... Signature of Reporting Officer
Signature of witnesses-
(1)....................
(2)....................

Form F

[See Rule 7]

Undertaking given to the owner/occupier/lessee for safe custody of seized cotton plants or kapas or lint or waste or seeds under the Madhya Pradesh Cotton Control Rules, 1961

I............., son of............. village of.......... Tahsil........... of............. district, hereby agree to produce........... No. of cotton plants or ........... Kgms. of cotton, kapas or lint or waste or seeds entrusted to me this day.............. month.......... year............ by.......... for safe custody, before any Court when required to do so by the said officer.

Station.................

Date....................

Signature

Form G

[See Rule 8]

Report of seizure of cotton under Section 8 (2) (c) of the Madhya Pradesh Cotton Control Act, 1954 (XVII of 1954)

To,

The Magistrate,

I hereby make a report of the seizure of cotton under Section 8 (2) of the Madhya Pradesh Cotton Control Ac, 1954 (XVII of 1954)-

  1. By whom seized
  2. From whom seized (name and address)
  3. Description of land, etc. wherefrom seized
  4. Particulars of cotton seized-

(i) Description

(ii) Quantity

  1. Any other remarks
Station..................
Date.....................
Names of witnesses-
(1)....................
(2).................... Signature of the officer seizing the cotton
Signature of witnesses-
(1)....................
(2)....................