THE COTTON INDUSTRY (STATISTICS)
ACT, 1926
(Act XX of 1926)
C O N T E N T S
Sections
1. Short title and extent.
2. Definitions.
3. Delivery of monthly returns of goods
and yarn manufactured by mill owners.
4. Power to inspect mills and take
copies of records.
5. Publication
of returns.
6. Power
to make rules.
7. Penalties.
8. Exemption.
9. Protection for acts done under this
Act.
THE COTTON INDUSTRY (STATISTICS) ACT, 1926
(Act XX of 1926)
[
An Act to provide for the
regular submission of
returns of quantities of cotton goods manufactured
and cotton yarn spun in [1][the Province of the
WHEREAS it is
expedient, notwithstanding the repeal of the Cotton Duties Act, 1896, to
provide for the regular submission of returns of the quantities of cotton goods
manufactured and cotton yarn spun in [2][the Province
of the Punjab];
It is hereby enacted as follows:-
1. Short
title and extent.— (1) This Act
may be called the Cotton Industry (Statistics) Act, 1926.
[3][(2) It extends to the Province of the
2. Definitions.— For the purposes of this Act, unless there is
anything repugnant in the subject or context,—
(a) “cotton goods” or “goods” include all tissues and other articles (except yarn and thread) woven, knitted or otherwise manufactured wholly or partly from cotton yarn;
(b) “cotton yarn” or “yarn” means yarn wholly or
partly composed of cotton fibres;
(c) “mill” means any building or place where
cotton goods are woven, knitted or otherwise manufactured, or where cotton yarn
in spun, by machinery moved otherwise than by manual labour, and includes every
part of such building or place;
(d) “owner”, in relation to any mill, includes the
managing agent or other principal officer of the mill; and
(e) “prescribed” means prescribed by rules made under this Act.
3. Delivery
of monthly returns of goods and yarn manufactured by mill owners.— (1) The owner of every mill shall each month
prepare and deliver, or cause to be prepared and delivered, to the prescribed
officer a return of all cotton goods manufactured and all cotton yarn spun in
the mill during the preceding month by machinery moved otherwise than by manual
labour, and shall subscribe a declaration of the truth of the return at the
foot thereof.
(2) Save
as may be otherwise prescribed, every such return shall state, in respect of
each description of goods and of yarn, the quantity manufactured during the
period to which the return relates, and shall contain such further information,
and be in such form and be subject to such conditions as to verification and
otherwise, as may be prescribed.
(3) Every
such return shall be delivered to the prescribed officer or posted to his
address within seven days after the end of the month to which it relates.
4. Power to
inspect mills and take copies of records.— (1) Any officer authorised by the [4][Provincial
Government] by order in writing in this behalf shall have free access at all
reasonable times during working hours to any mill and may at any time, with or
without notice to the owner, examine and take copies of, or extracts from the
records of the mill for the purpose of testing the accuracy of any return made
under section 3, or of informing himself as to any particulars regarding which
information is required for the purposes of this Act or any rules made
thereunder:
Provided that no officer not especially
empowered by the [5][Provincial
Government] in this behalf shall be entitled to inspect any record containing
the description or formulae of any trade process.
(2) All copies and extracts and all information acquired by any officer in the inspection of any mill under this section shall be treated as strictly confidential.
5. Publication
of returns.— The [6][Provincial
Government] shall, from the returns delivered under section 3, cause to be
compiled and published, in such form as [7][it] may
direct, statements showing for each month the total quantities of goods
manufactured and of yarn spun in mills in [8][the Province].
6. Power to
make rules.— (1) The [9][Provincial
Government] may, by notification in the [10][Official
Gazette], make rules[11] consistent with this Act to carry out the
purposes thereof.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of any return required under this Act, the particulars to be contained therein, and the manner in which the return shall be verified;
(b) the nature of the records to be maintained by the owners of mills;
(c) the powers and duties, in regard to the
inspection of mills under this Act, of the officers authorised to make such
inspections; and
(d) any other matter which may be or is to be
prescribed.
7. Penalties.— (1) Any person who—
(a) knowingly falsifies any record of manufacture or production kept in a mill, or
(b) being required to deliver a return under
section 3, knowingly delivers a false return, or
(c) omits to make any return required by section 3, or refuses to sign or complete the same, or
(d) knowingly does any act, not otherwise punishable under this Act, in contravention of the provisions of any rule made under this Act,
shall be punishable with fine which may extend to
five hundred rupees.
(2) Any
person who discloses any particulars or other information acquired by him in
the inspection of any mill under this Act shall be punishable with fine which
may extend to one thousand rupees:
Provided that nothing in this sub-section
shall apply to the disclosure—
(a) of any such particulars or information for the
purpose of a prosecution under section 193 of the [12][Pakistan]
Penal Code[13] or under this Act, in respect of any return
kept or record made for the purposes of this Act, or
(b) of any such particulars or information to any person acting in the execution of any duty imposed upon him by this Act, where the disclosure is necessary for the purposes of this Act.
8. Exemption.— The [14][Provincial
Government] may, by notification in the [15][official
Gazette], exempt from the operation of this Act or of any specified provision thereof
any mill or class of mills, or any goods or class of goods, specified in the
notification.
9. Protection
for acts done under this Act.— No suit or
other legal proceeding shall be instituted against any person in respect of
anything which is in good faith done or intended to be done under this Act.
[1]Substituted, by the Central Laws (Statute Reform)
Ordinance 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the
14th October, 1955), for “the Provinces and the Capital of the Federation” which
had been substituted by Adaptation Order, 1944, for “British India” and finally
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974).
[2]Ibid.
[3]Substituted first by the Central Laws (Statute
Reform) Ordinance 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect
from the 14th October, 1955) for the original sub-section (2) as amended by
Adaptation Order, 1949, and, then by Pb. Adaptation Order 1 of 1974.
[4]Substituted, by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[5]Ibid.
[6]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “G.G. in C.”
[7]Substituted ibid.,
for “he”.
[8]Substituted ibid.,
for “British India”.
[9]Substituted ibid.,
for “G.G. in C.”
[10]Substituted ibid.,
for “Gazette of India”.
[11]For such rules, see
Gazette of India, 1926, Pt. I, p. 463.
[12]Substituted, for “Indian”, by the Punjab Laws
(Adaptation, Revision and Repeal) Act, 1954 (XV of 1955).
[13]XLV of 1860.
[14]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.
[15]Substituted, ibid.,
for “Gazette of India”.