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Section 3

(1) The Government may, by notificdtion, in respect

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3. (1) The Government may, by notificdtion, in respect ifid li () y, any area specified tlzer ein - (i) iix the variety or v~rieties of cotton the cultition of which is permitted in such area ; or Power to the variety of cultivated, etc., in (ii) .prohibit the cultivation in such area of any specified f hhifid d () py ety of cotton other than any variety fixed under clause areas. (iv)' prohibit or restrict in such area the+possession fi pp of, or trade in (a) any variety of standard cotton n of the draft) will be considered by the Govcr /I- _- A' .- / Evdry notification i~ndcr sub-section (I) shall also Grant of 4. (1) Nolv~~thstanding anything contained in any ifiiid di3bi(1)h () g yg y pamission notification issned under section 3, sub-section (1). the to factortes pamission n to factortes i ort ,i, G9v:rnm:nt mrry, by notifi~q~tion, ps-mit, in any factory in oottan. which cotton is m :nuf2ctured illto yJrn or cloth, any variety dd ibid ih hif yy y of standard coiton to be mixed with any other variety of ih hibitd f y y cot~,on tw with any prohibited varicty of cotton : Provided tl~ the cotton so mixed is not made into fully pressed b:: 1;s and is used in such ihff lh ctory exclusively y p; in the ma nufacture of yarn 01- cloth. fi c of gis (2) The fi or person io charge of the factory shall fi maintain or clusc to be maintained a register containing a i gg daily record of cotton other than standard cotton received il ! ihfHhll h y into, an l use.! in, the factory. He shall preserve such regir+-r for a p:;.iod of not less than two years from the date ot tne last entry made therein. The owner or person in charge oft he factory shall Penalties* 5. (1) Any prrson who, in any controlled are?, in con. if hiif hiAt f ifi () y p, y , travcntion of the provisions of this Act or of pny notifica- iid lhd p tion issued or rule ma de thereunder,-- (a) culti~ates any prohibited variety ~f cotton, or (b) mixes or causes to be mixed any variety of d ih hif ll 3d () y y standard cotton with any other variety of stall -3ard cotton or with any prohibited varieiy of cotton or possesses, uses, or diif dd id ih py p trades in, any vtrricty of standard cotton mixed with any other variety c f' S% n .:ard cottonar possesses, uses, or trpde hh p in, any prohibl:e:i variety of cotton, whether lnixed with an if dd y py variety of stsndard cotton or not, or (c) knowingly in any other manner contravene dd tbiA () gy y any rule made und er tbis Act, 1 if any, claiming any right thereto and the evidence, if any. hih ii yg y g which he inay produce in support of his cir!irn. (1) Any oEcer iiutl~ori~~d ill t (II) entcr upon any land in a ccntrolled area in which he hnows or has reason to believe that eny prohibited variety of cottclt has been or is being ifiid ~u1tivi:tcd in contravention of a g notification under sectio~l J, sub-sxtion (I), uproot st~h cotton, or cause it ldi p lo bc uprooted, 2.1~d seize t l-ie cottor1 so uprooted ; :?ov,era of wzure. (b) enter upon or into any lir.nd, building, ship, vessel, vehicYe or place in a controkd area, in which he bbli p bnows or has reason to believe t hat any v~~riety of 1 encetd cotton mixetl with any other variety of standard colton or any prohibifed vari:ty of cotton, whether mixed with any variety of standard cotton or not, is kept in ccnrl P.? vention of a ncrific;l..tion under section 3, su b-sea ion (I), , a and sciae suchcotton. . (2) (a) Every officer seiaingetry cottonunder sub. section (1) shall fort hwitL (i) t alce a sample of the colt cl n seizzd , se separcte it then and there into three equal parts and securely paclc h fhih hiif h qpy p and seal each oft hem with his seal in the presence of the i ihhbildihi p occupier or person in charge of the land, building, ship, iiilkii p pggp vessei, vciziclc or ykice on or in which such scizurc wcs made and of two witnesses and in case the occupier or ihl hhhll lb p psrson afore id wishes to seal them, they shall also be sealed with h s seal ; and (ii) subject to any rules mad k under section 15, f hld khili () jy send one of the sealed packages to the Cotton Specialist h pgp aut h~ized by the Governmentto receiveit ,for examination and report to the Director, retainanot her such package for d dlihhid kh ppg his own use and deliver the third sealed package to the o ccu pier or per so n aforesaid . . (b) The officer referred to in ckuse (a) shsll have discretion either to entrust the re~~~inder of the seized c~tton to th2 occ~rpier or pcrson aforesaid or 10 make other ~.rrc?ngmenfi fcr its safe custody. If the officer did'hhii gy decides 'o entrust the coxon to the occ~ipier or person kh aforessid, such occupier or p.rson pp shtill take charge of the s2me and shsll give an undertaking in writing to pro- d h&fhid gg g p duce i hs s3iti c.jtror~ &fore any Cucr-i :vhen required to do so by the said officer. offenem 12. Where a person committing any oflence punishable dhiAldthdi pg y p by ,mrPorao under this Act or any rule made thereunder is a company, i y py tlons# eta or an assodation 01 body or persons, whether incorporated ih y p or not, the director, manager, secretary, agent or other principal officer managing the affairs of such company, iibdbih ppgg py association or body shall be deen~ed to be guilty of such ff offence, Prolcction 13. No wit, prosecution or other legal proceeding shall iiifihih ii pgpg for aLb be instituted against any person for anything which is in fididd ddhiAt In thg gy pyg ood faith done or intended ro be done under this Act or g In o ~ood faith. g an g any rule made thereunder. Officers 14. Every offrcer acting or purporting to act in pur- f iif iAl y g ppg p acting undersuancc of any of the provisions of this Act or any rule ** cting undersuancc of any of the provisions of this Act or any rule Act public ** bcmade thereunder shall be deemed to be a public servant iil p savantse within the meaning of section 2 1 of the Indian Penal Code (Cl A(f g (Central A(:t XLV of 1860). Power t~ 15. (1) The Government may, after previous publica- klt thf thiA () y, pp rules. tion, make rules to carry out the purposes of this Act. All rules made under this section shall have effect as if enacted in this Act, Repeal of 16. Tho Madras Cotton Control Act, 1932 (bladras t V1I f 1932)ihdbld MadrasAot V1I of 1932), is hdreby repealed. Act VXI