Amendment status not verified — confirm the current text below against the official source.
Subs. by M.P. Act 23 of 1958, S.3 (3), Sell. Part A, item 76, for "Malia- koshal region". Subs., ibid., for " Mahakoshal region". 383 Penalties. Prohibition of cultiva- tion or mixing of Garrowhill cotton, C~nfiscation. Power of entry aad seizure. .•""j \ ~' " . ',' ! THE MADHYA PRADESH COTTON CONTROL ACf, 1~)4 I (1) Where a Court trying an offence punishable under section 5 0 r section 6 is satisfied that all Of1CllCC under that section l:as been committed in respect of any cotton, the Court may direct that such cotton and every box , receptacle, package or covering, containing such cotton shall be forfeited to Government. : (2) Where an offence under this. Act ?as been cornrni- tted, or is believed to have been committed III respect of any cotton and the offender is not know or cannot be found or where no person claims any right il:l suc,h cotton, the officer a.utho.l'i- sed by the State Government III this behalf may hold an ll1qulry and 'may order confiscation of suc,h cOttOl~ . together with any box.: receptacle, package or covenng contairung such cotton: Provided that no such order shall be made before t!I': expiration of Ont; month f:'om the dat.e of seizing the. c:ottOIl liable to confiscatIOn or without hearing the person, If any, claiming any right thereto and the evidence, if any, which he; pro due es in support of his claim. ·8. (1) Any officer authorised in this behalf by the State Covernrnent may, between the hours of 6 a.m. and 6 p.m.- (a) enter upon any land in a controlled area in which he knows or has reason to believe that any prohi- bited variety has been or is being cultivated in contravention of a notification under sub-section (1) of section 3, or of the provisions of section 6, uproot such cotton, or cause it to be uprooted and seize the cotton so uprooted; (b) enter upon or into any land, building, vehicle or place in a controlled area in which he knows or has reason to believe that any standard variety mixed with any other standard variety or any prohibited or other variety of cotton, is kept in contravention of a notification under sub- section (1) of section 3" or of the provisions of section 6, and seize such cotton. (2) (a) Every officer SeIZing any cotton section (1) shall forthwith- under sub- (i) take a sample of the cotton seized, separate it then and there into three equal parts and securely pack and seal each of them with his seal in the presence of the occupier or person inch.uxre of the land building, vehicle or place on or'":>in which such seizure was mack and of two witnesses and in case the occupier or person aforesaid wishes to ~f':.11 thp,.." rl.~" •.I,~ 11 ~ L_ t., - - , , THE MADHYA PRADESH COTTON CONTROL ACT, l~'~ behalf for examination and report to LlIC retain another such package for his own deliver the third sealed package to the or person aforesaid. Director, use and occupier lb) The ofliccr referred to 111 clause (a) shall have dis- crcrior, either [0 enuust the remainder of the seized cotton to the occupier or person aforesaid or 10 make other arrangements fOT its safe custody. If the officer decides 1:0 entrust the cotton to the occupier or person aforesaid, such occupier or person shall take charge of the same and shall givc an undertaking in writing to produce the said colton before any Court w.ien required to do so by (he said officer. .c) The officer referred to in clause (a) shall forthwith make a report of the seizure to the nearest magis- trate having jurisdiction to try the offence commi- tted in respect of such cotton, together with parti- culars of such cotton and furnish a copy of such particulars to the occupier or person aforesaid. (3) The opinion of the officer authorised under para- 'ph (ii) of clause (a) of sub-section (2) contained in any docu- n, It signed by such officer regarding the cotton sent to him ror examination under that clause, may be used as evidence a~ to the nature of such cotton, in any inquiry, trial or procce- ding under this Act. . :,4; If 1L c occupier or person aforesaid refused to take llar,ge of the cotton when required under clause (b) of sub-section ?j OJ to give the undertaking referred to in that clause, or Jails to produce the cotton before: the COUt·t when rcqui red, he shall be punishable with fine which m::L'J extend to twice the value of such cotton. '