The Tamil Nadu Cotton Control Act, 1952

 

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The Tamil Nadu Cotton Control Act, 1952 
 

Act 15 of 1952 
 
 
 
 
 
 
 
 

Keyword(s): 
Controlled Area, Cotton, Prohibited Variety of Cotton, Standard Cotton 
 



2513 C2ttovt Control [1952: T.N. 

'[TAMIL NADU ACT No. XV OF 1952]a. 

THE '[TAMIL NADU] COT~ON Coi\i~llgL ACT, 1452 . 
(Received the assent of the Presiderrt oft the 25th December 

1952 ; .first published in the For St. George Gazette 
on the 31st December 1952.) 

An Act to provide for regulating or prohibiting the cultivation 
of any specifiee: vari~tv of cotton, the mixing of any 
specified variety of cotton wilh any other variety of 
cotton and the possession or usc of, or trade in, any 
spccifiec; variety of cotton in cerlairl areas in the 
3[State of 'Tamil Nadu] . 

WHEREAS it is expedient to proviclt: for r~gulating or prohi- 
biting, in c:,.tel!i areas in the 3[Starl: of T::mil Nadu], the 
cultiv~tion cf oily specified variety of cotton, the mixing 
of eily sp:ciRed v winy of c:,i&cln wlih ;!ny othsr v:.riety 
of c o ~ t o n  :'.nj. t l lc  pos~-ssit:)i~ o r  usc OF, or in, any 
specifi:d varict :r  c.f cl)tton ; I t  is Iwrt:by t'lz;~cted as 
.follows :-- 

Short title 1. ( I )  This Act nwy bz c.)ilid ihc '[Ta~nil Nadu] 
and extent. Cot1011 CO~I~YO! Ac!, 1952. 

(2) It extcnds to the whofc of the "Sl2.t~ of Tamil 
Nemdu]. 

Definitions* 2. I n  this AGL, unless thcrc is anything repugnant 
in thi: subjject or c~fitcxi,-- 

(a! coi~irollad orea " mtnns 2.i area sptcifjed in a 
notificstlon issliiil u tjdcr sectiot~ 3, suh-rccliol: (1) ; 

(b) " cotton " includes caroil plol?~ giilned and 
ungii~ned cotton, cnttoll w<lste i!ild cattoti seed ; 

------ -- 
1 These w o r d ~  uTei-; \,il)l;tituted for tlte word " &hdras '' by the 

Tamil Nadu Ackpl-i:ion ot' Laws Ordt:~, 1969, :?.,;lmended by the 
Tamil Nadu Adaptation of 1-:.ws (Scconrl Amcndmsmt) Ortler, 1969. 

2 For St;i~emeltt of Objjects ond Kcaza~~s ,  scc St. &orge ,. , Gnzette, dater! I1lch 2nd  J,rly 1952, Part 1%'-A, p;lgcs >b-.49. 
3 This cxj71'ession :\,IS slibstitutcd f;lr rhe expression '" State of 

Madras 6' by the Tatnil Nadu Adaptation of L.aws Order, 1969, as 
amended by the Talrlil Nadu Adaptation of Laws (Secoud h e a d -  
merit) Order, 1969. 



. & -------7 
I 

f 

259 
A' Cotton Cpntrol . 

, 

\ 

(,f) " prescribed *' means prescribed by rul-s ma& 

Power to 3. (1) The Government may, by notificdtion, in respect the any area specified tlzer ein - variety of 
(i) i ix the variety or v~rieties of cotton the culti- 

tion of which i s  permitted in such area ; or cultivated, etc., in 

(ii) .prohibit the cultivation in such area of any specified 
ety of cotton other than any variety fixed under clause areas. 

(iv)' prohibit or restrict in such area the+possession 
of, or trade in (a) any variety of standard cotton 

n of the draft) will be considered by the Govcr /I- 

_ -  



i60 Q'olton Control [1952: T.N. 

(3) Evdry notification i ~ n d c r  sub-section (I) shall also 1 
b2 publisl12d in : llc regional langucigc of i ha area conc:rncd 
in the pr escr .bed ma nner . 

\ 

Grant of 4. (1) Nolv~~thstanding anything contained in any 
pamission notification issned under section 3, sub-section (1). the 

to factortes ,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 

of standard coiton to be mixed with any other variety of I 

cot~,on t w  with any prohibited varicty of cotton : 

Provided t l ~  the cotton so mixed is not made into 
fully pressed b:: 1;s and is used in such fi ctory exclusively 
in the ma nufacture of yarn 01- cloth. 

(2) The or person io charge of the factory shall 
maintain or clusc to be maintained a register containing a 
daily record of cotton other than standard cotton received 
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. 

(3) The owner or person in charge oft he factory shall 
produc~ the  regiut~br mrintained u n d ~ r  iuh-iection (2) when 
required t u  d3 iCj b;~ 152 Dircc-o: r,: i.,;~ k::.: p ;r;itn :,vthfp 
riz-;..;' by ir : 2: .: b,I-~u"* 

Penalties* 5. (1) Any prrson who, in any controlled are?, in con. 
travcntion of the provisions of this Act or of pny notifica- 
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 
standard cotton with any other variety of stall -3ard cotton or 
with any prohibited varieiy of cotton or possesses, uses, or 
trades in, any vtrricty of standard cotton mixed with any 
other variety c f' S% n .:ard cottonar possesses, uses, or trpde . 
in, any prohibl:e:i variety of cotton, whether lnixed with an 
variety of stsndard cotton or not, or 

(c) knowingly in any other manner contravene 
any rule made und er tbis Act, 

- 

.- 





262 Cotton Cmtr~I  [I952 1 T.N. Act.XV 

if any, claiming any right thereto and the evidence, if any. 
which he inay produce in support of his cir!irn. 

:?ov,era of 8. (1) Any oEcer i i u t l ~ o r i ~ ~ d  ill t h i s  bch;rlS by tlr 
entry and Government mir.y, bet ween the hours of 6 ir.111. iwd O p.m.--- 

wzure. 
(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 
~u1tivi:tcd in contravention of a notification under 
sectio~l J, sub-sxtion (I), uproot s t ~ h  cotton, or cause it 
lo bc uprooted, 2.1~d seize t l-ie cottor1 so uprooted ; 

(b)  enter upon or into any lir.nd, building, ship, 
vessel, vehicYe or place in a controkd area, in which he 
bnows or has reason to believe t hat any v~~r i e ty  of 1 encetd 
cotton mixetl w i t h  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), 

, and sciae suchcotton. 

. (2) (a) Every officer seiaingetry cottonunder sub. 
section (1) shall fort h w i t L  

(i) t alce a sample of the colt cl n seizzd , separcte it 
then and there into three equal parts and securely paclc 
and seal each o f t  hem with his seal in the presence of the 
occupier or person in charge of the land, building, ship, 
vessei, vciziclc or ykice on or in which such scizurc wcs 
made and of two witnesses and in case the occupier or 
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, 
send one of the sealed packages to the Cotton Specialist 
aut h ~ i z e d  by the Governmentto receiveit ,for examination - 
and report to the Director, retainanot her such package for 
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 r e ~ ~ ~ i n d e r  of the seized 
c ~ t t o n  to th2 occ~rpier or pcrson aforesaid or 10 make 
other ~.rrc?ngmenfi fcr its safe custody. If the officer 
decides ' o  entrust the coxon to the occ~ipier or person 
aforessid, such occupier or p.rson shtill take charge of 
the s2me and shsll give an undertaking in  writing to pro- 
duce i hs s3iti c.jtror~ &fore any Cucr-i :vhen required to 
do so by the said officer. 





264 Cotton Control [1952: T.N. Act VY 

offenem 12. Where a person committing any oflence punishable 
by ,mrPorao under this Act or any rule made thereunder is a company, 

tlons# eta or an assodation 01 body or persons, whether incorporated 
or not, the director, manager, secretary, agent or other 
principal officer managing the affairs of such company, 
association or body shall be deen~ed to be guilty of such 
offence, 

Prolcction 13. No wit, prosecution or other legal proceeding shall 
for aLb be instituted against any person for anything which is in 

In ood faith done or intended ro be done under this Act or ~ood faith. g 
any rule made thereunder. 

Officers 14. Every offrcer acting or purporting to act in pur- 
acting undersuancc of any of the provisions of this Act or any rule 

Act public ** bcmade thereunder shall be deemed to be a public servant 
savantse within the meaning of section 2 1 of the Indian Penal Code 

(Central A(:t XLV o f  1860). 

Power t~ 15. (1) The Government may, after previous publica- 
rules. tion, make rules to carry out the purposes of this Act. 

(2) 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 
MadrasAot V1I of 1932), is hdreby repealed. Act VXI