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  "title": "Cotton Ginning and Pressing Factories Act, 1925",
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  "text": "Page 1 of 8 \r\n \r\n  \r\n \r\n \r\n \r\n \r\n \r\nTHE COTTON GINNING AND PRESSING FACTORIES ACT, 1925 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Short title, extent and commencement \r\n \r\n2. Definitions \r\n \r\n3. Maintenance of registers \r\n \r\n4. Marking of bales \r\n \r\n5. Returns \r\n \r\n5A.  Returns from cotton ginning factories \r\n \r\n6. Scales and weights \r\n \r\n7. Liability of lessee as owner \r\n \r\n8. Liability on transfer of ownership \r\n \r\n9. Structural requirements for factories \r\n \r\n10. Liability of officers of a company \r\n \r\n11. Cognizance of offences \r\n \r\n12. Power of the Federal Government to make rules \r\n \r\n13. Power of the Provincial Government to make rules \r\n \r\n14. Power to reject unmarked bales in fulfillment of contracts \r\n \r\n15. Protection for acts done under Act \r\n \r\n \r\n\r\n \r\n \r\nPage 2 of 8 \r\n \r\nTHE COTTON GINNING AND PRESSING FACTORIES ACT, 1925 \r\n \r\nACT NO. XII OF 1925 \r\n \r\n [18th March, 1925] \r\n \r\nAn Act to provide for the better regulation of cotton ginning and cotton pressing factories \r\n WHEREAS it is expedient to provide for the better regulation of cotton ginnin g and cotton \r\npressing factories; it is hereby enacted as follows:⸻ \r\n \r\n 1. Short title, extent and commencement ⸻(1) This Act may be called the Cotton Ginning \r\nand Pressing Factories Act, 1925. \r\n \r\n 1[(2) It extends to the whole of Pakistan.] \r\n \r\n (3) It shall come into force on such date 2 as the 3[Federal Government] may, by noti fication \r\nin the 4[official Gazette], appoint. \r\n \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,⸻ \r\n \r\n (a) “bale” means any pressed package of cotton of whatever size or density; \r\n \r\n (b) “cotton” means ginned or unginned cotton or cotton waste; \r\n \r\n(c)     “cotton ginning factory” means any  place where cotton is ginned or where \r\ncotton fibre is separated from cotton seed by any process what ever involving \r\nthe use of steam, water or other mechanical power or of electrical power; \r\n \r\n(d) “cotton pressing factory”  means any factory as  defined in the 5[Indian \r\nFactories Act, 1911 (XII of 1911)], in which cotton is pressed into bales; \r\n \r\n(e) “cotton waste” means droppings, strippings, fly and other waste products of a \r\ncotton mill or of a  cotton ginning factory or of a cotton pressing factory, but \r\ndoes not include yarn waste; \r\n \r\n(f) “6[Pakistan Central Cotton Committee]” means the 6[Pakistan Central Cotton \r\nCommittee] constituted under the 7[Cotton Cess (Amendment) Act, 1948 ] and \r\nincludes an y sub -committee appointed by it to perform any func tion of the \r\n6[Pakistan Central Cotton Committee] under this Act; and \r\n \r\n(g) “occupier” includes a managing agent or other person authorised to represent \r\nthe occupier; \r\n \r\n  (h) “prescribed” means prescribed by or under rules made under this Act. \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1 960 (XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for sub-\r\nsection (2), as amended by A. O., 1937, A. O. 1949 and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951). \r\n2The 8th August, 1925; see Gen. R. & O.. \r\n3Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. \r\n4Subs. by A. O., 1937. \r\n5“Indian Factories Act, 1911” were subs. with “Factories Act, 1934(XXV of 1934)” by the Federal Laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), s. 5, and Sch., IV, (only to the extent of Islamabad Capital Territory). \r\n6Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n7“Cotton Cess (Amendment) Act, 1948” were subs. with “Cotton Cess Act, 1923 (XIV of 1923)”  by the Federal Laws (Revision and Declaration) \r\nOrdinance, 1981 (XXVII of 1981), s. 5, and Sch., IV, (only to the extent of Islamabad Capital Territory). Earlier, the words “Cotton Cess (Amendment) \r\nAct, 1948,” were subs. by the Adaptation of Central Acts and Ordinances Order 1949 (Order No. 4 of 1949). \r\n \r\n \r\nPage 3 of 8 \r\n \r\n 3. Maintenance of registers. ⸻(1) The owner of every cotton ginning factory shal l cause to \r\nbe maintained at the factory in such form, if any as may be prescribed, a ginning register containing a \r\nrecord of all cotton ginned in the factory and of the names of the persons for whom and the dates on \r\nwhich the cotton has been ginned and of the amount ginned for each person. \r\n  \r\n (2) The owner of every cotton pressing factory shall cause to be maintained at the factory in \r\nsuch form, if any, as may be prescribed, a press register containing a daily record of the num ber of \r\nbales pressed in the f actory, the serial number of each bale, and the name of the person for whom it \r\nhas been pressed. \r\n \r\n (3) The owner or the person in charge of a cotton ginning or cotton pressing factory shall be \r\nbound to produce any ginning register or press register maintai ned under this section when re quired \r\nto do so by any person appointed by the 1[Provincial Government] in this behalf, and the owner or \r\nperson in charge of any cotton pressing factory shall be bound to furnish to the 2[Pakistan Central \r\nCotton Committee], if so required by it in writing, a copy, certified as correct by the owner or person \r\nin charge of the factory, of the entry in any press register maintained at the factory relating to any \r\nspecified bale. \r\n \r\n (4) No register required to be maintained by this s ection shall be destroyed until after the \r\nexpiration of three years from the date of the last entry therein. \r\n \r\n  (5) If___ \r\n \r\n(a)    in any factory any register required by this section to be maintained is not \r\nmaintained or is maintained in any form other than the form, if any, prescribed \r\nfor the purpose, or \r\n \r\n(b)     any entry in any such register is proved to be false in any material particular, \r\nor \r\n \r\n(c)    any such register is destroyed before the expiration of the period referred to in \r\nsub-section (4), \r\n \r\n  the owner of the factory shall be punished with fine which may extend to fifty rupees or, if he has \r\npreviously been convicted of any offence ,under this sub-section, to five hundred rupees. \r\n \r\n (6) If the owner or the person in charge of any factory fails to p roduce any register, or to \r\nfurnish a certified copy of any entry , when required to do so under sub -section (3), or furnishes a \r\ncertified copy of an entry knowing or having reason to believe such copy to be false, he shall be \r\npunished with fine which may extend to fifty rupees or, if he has previously been convicted of any \r\noffence under this sub-section, to five hundred rupees. \r\n \r\n 4. Marking of bales.⸻(1) The owner of every cotton pressing factory shall cause every bale \r\npressed in the factory to be marked in such manner as may be prescribed before it is removed from \r\nthe press-house, with a serial number and with the mark prescribed for the factory. \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1937. \r\n2Subs. by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n \r\n \r\n \r\nPage 4 of 8 \r\n \r\n (2) If any bale is removed from the press-house of any cotton pressing factory without having \r\nbeen marked as required by sub-section (1), the owner of the factory shall be punished with fine \r\nwhich may extend to fifty rupees.  \r\n \r\n 5. Returns.⸻(1) The owner of every cotton pressing factory shall sub mit to the prescribed \r\nauthority, within such time and in such form as may be prescribed, weekly returns showing the total \r\nnumber of bales of cotton pressed during the preceding week and from the com mencement of the \r\nseason to the end of that week, and the approximate average net weight of the bales pressed in that \r\nweek. \r\n \r\n (2) The 1[Provincial Government] shall compile from the weekly returns, and shall publish in \r\nsuch manner as 1[it thinks fit], a statement showing the total number of bales pressed in the Province \r\nduring the week and from the commencement of the season to the end of the week, to which the \r\nreturns relate: \r\n \r\n  Provided that the number of bales pressed in any individual factory shall not be published. \r\n \r\n  (3) If default is made in submitting any return as required by sub-section (1), the owner of the \r\nfactory shall be punished with fine which may extend to fifty rupees. \r\n \r\n (4) Where the owner of a cotton pressing factory has notified to the pr escribed authority that \r\nthe work of pressing bales in that factory has been suspended, it shall not be necessary for the owner \r\nto submit returns under sub-section (1) until such work has been resumed. \r\n \r\n Explanation.⸻In this section “season” means the period notified in this behalf by the \r\n1[Provincial Government] in the 1[official Gazette]. \r\n \r\n 2[5A. Returns from cotton ginning factories .⸻(1) 3[This section shall be in force in 4[the \r\nKarachi Division and Baluchistan ] o nly; but the Provincial Government concerned may, by \r\nnotification in the official Gazette, bring this  section into force in 5[East Pakistan or the remaining \r\nparts of West Pakistan].] \r\n \r\n  (2) The owner of every cotton ginning factory shall submit to the pres cribed authority, within \r\nsuch time and in such fo rm as may be prescribed, weekly returns showing the quantity of cotton \r\nginned in the factory during the preceding week and from the commencement of the season to the \r\nend of that week. \r\n \r\n  (3) The Provincial Government shall compile from the weekly returns so submitted, and shall \r\npublish in such manner as it thinks fit, a statement showing the total quantity of cotton ginned in the \r\nProvince during the week and from the commence ment of the season to the end of the week, to \r\nwhich the returns relate: \r\n \r\n  Provided that the quantity of cotton ginned in any individual factory shall not be published.  \r\n \r\n (4) If default is made in submitting any return as required by sub-section (2), the owner of the \r\nfactory shall be punished with fine which may extend to fifty rupees. \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1937. \r\n2Ins. by Act No. IX of 1942, s. 2. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch., (with effect from the 14th October, 1955). \r\n4Subs. by the Central Adaptation of Laws Order, 1964 (P. O. No. 4 of 1964), Art. 2 and Sch. \r\n5“East Pakistan or the remaining parts of West Pakistan” were sub. with “the whole or any specified part of the  Province” by the Federal Laws \r\n(Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 5 and Sch. IV (only to the extent of Islamabad Capital Territory). \r\n \r\n \r\n \r\nPage 5 of 8 \r\n \r\n  (5) The provisions of sub -section (4) of section 5 apply to cotton ginning factories and the \r\nreturns referred to in sub -section (2) of this section as they apply to cotton pressing factories and the \r\nreturns referred to in sub -section (1) of section 5, and “season” in this section means the season as \r\nnotified for the purposes of section 5.] \r\n \r\n 6. S cales and weights. ⸻(1) No scales or weights shall be used in any cotton ginning or \r\ncotton pressing factory other than the scales or weights, if any, prescribed by the 1[Federal \r\nGovernment] as standard for the district in which the factory is situated. \r\n \r\n  (2) If in any facto ry and scale or weight is used in contraven tion of the provisions of \r\nsub-section (1), the owner of the factory shall be punished with fine which may extend to fifty rupees \r\nor, if he has been previously convicted of any offence under this sub-section, to five hundred rupees. \r\n \r\n 7. Liability of lessee as owner.⸻(1) Where the owner of a cotton ginning or pressing factory \r\nhas leased the factory for a period of not less than one month in the case of a cotton ginning factory, \r\nor three months in the case of a cotton pressing factory, and the lessor retains no interes t in the \r\nmanagement or profits of the factory and notice of the lease has been given by the lessor and the \r\nlessee to the prescribed authority, the lessee shall be deemed to be the owner of the factory, from the \r\ndate of the notice and for the period of the  continuance of the lease, for the purposes of section 3, in \r\nrespect of the registers maintained or to be maintained from that date and for that period, and for the \r\npurposes of sections 4, 5 2[,5A] and 6. \r\n \r\n  (2) On the termination of the lease the lessee shall hand over to the lessor the registers \r\nmaintained under section 3, and the lessor shall forthwith report to the prescribed authority any \r\ndefault of the lessee in complying with the provisions of this sub -section or in maintaining the \r\nregisters in accordance with the provisions of section 3. \r\n \r\n (3) If default is made in handing over any register or making any report as required by this \r\nsection, the lessor or the lessee, as the case may be, shall be punished with fine which may extend to \r\nfifty rupees. \r\n \r\n 8. Liability on transfer of ownership. ⸻(1) On a transfer of the ownership of a cotton \r\nginning of pressing factory, the transferor shall hand over to the transferee the registers maintained \r\nunder section 3, and the transferee shall forth with report to the p rescribed authority any default of \r\nthe transferor in complying with the provisions of this sub -section or in maintaining the registers in \r\naccordance with the provisions of section 3. \r\n \r\n (2) If default is made in handing over any register or making any repor t as required by \r\nsub-section (1), the transferor or the transferee, as the case may be, shall be punished with fine which \r\nmay extend to fifty rupees.  \r\n \r\n 9. Structural requirements for factories. ⸻(1) In the case of cotton ginning factories the \r\nconstruction of which is commenced after the commencement of this Act⸻ \r\n \r\n(a)  gin-houses shall be provided with separate entrances and exits for the bringing \r\nin of unginned and the taking out of ginned cotton respectively, and \r\n \r\n \r\n1Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. \r\n2Ins. by Act No. IX of 1942, s. 3. \r\n \r\n \r\nPage 6 of 8 \r\n \r\n(b)  the factories shall be constructed in accordance with plans and specifications \r\napproved by the prescribed authority: \r\n \r\n  Provided that nothing in this sub -section shall apply to any factory in which only roller gins \r\nare used where the number of such gins is not more than four. \r\n \r\n 1[(1A) In any cotton ginn ing factory, whether erected be fore or after the commencement of \r\nthis Act⸻ \r\n \r\n(a)  no structural alterations or additions, the construc tion of which commenced \r\nafter the 27th day of Feb ruary, 1939, shall be made so as to minimise the \r\ndegree of compliance of the factory as a whole with the requirements set forth \r\nin clauses (a) and (b) of sub-section (1), and \r\n \r\n(b)  every structural addition (whether actually attached to any existing structure in \r\nthe factory or not), the construction of which commenced after the last -men-\r\ntioned date, shall be constructed in accor dance with plans and specifications \r\napproved by the prescribed authority; \r\n \r\n Provided that nothing in this sub -section shall apply to any factory in which, after any \r\nalteration or addition has been made, only roller gins are used where the number of such gi ns is not \r\nmore than four.] \r\n \r\n (2) Within such period after the commencement of this Act as may be prescribed, the owner \r\nof every cotton pressing factory in which cotton is handled on the ground floor shall cause the \r\npress-house to be paved or provided with other suitable flooring to the satisfaction of the prescribed \r\nauthority. \r\n \r\n (3) If the owner of any factory fails to comply with any pro vision of this section which is \r\napplicable to the factory, he shall be punished with fine which may extend to one hundred rupees. \r\n  \r\n (4) (a)  Where the owner of a factory has been convicted under sub -section (3), the \r\nprescribed authority may serve on the owner of the factory an order in writing directing that such \r\nalterations shall be made in the factory, before a specified date, as in the opinion of the said authority \r\nare necessary to secure compliance with the provisions of sub -section (1), 1[sub-section (1A)] or \r\nsub-section (2), as the case may be.  \r\n \r\n   (b)  Where the alterations are not made in accordance with the order  served under \r\nclause (a) of this sub-section, the prescribed authority may serve on the owner and on the occupier, if \r\nany, of the factory an order in writing directing that the work of ginning or pressing cotton in such \r\nfactory shall be suspended until the  alterations have been made in accordance wit h the order served \r\nunder clause (a) of this sub -section and the owner and the occupier, if any, shall be jointly and \r\nseverally liable to fine which may extend to fifty rupees for each day on which cotton is ginn ed or \r\npressed in the factory in contravention of the order served under this clause. \r\n \r\n \r\n \r\n1Ins. by Act No. XIV of 1939, s. 2.  \r\n \r\n \r\n \r\nPage 7 of 8 \r\n \r\n  10. Liability of officers of a company.  Where the person guilty of an offence under this Act \r\nis a company, every director, manag er, secretary and other officer thereof who is knowingly a party \r\nto the default shall also be guilty of the like offence and liable to the like punishment. \r\n \r\n 11. Cognizance of offences.⸻(1) No prosecution under this Act shah be instituted except by \r\nor with the previous sanction of the District Magistrate 1[* * * ] 2[or a Magistrate of the first class \r\nspecially empowered in this behalf by the 3[Provincial Government]] \r\n \r\n  (2) No offence pun ishable under this Act shall be tried by any Court inferior to that 1[* * *] \r\nof a Magistrate of the first class. \r\n \r\n 12. Power of the 4[Federal Government] to make rules.  The 4[Federal Government] may \r\nmake rules to provide for___ \r\n \r\n(a)  the allotment of a spe cial mark to be used b y each pressing factory for the \r\npurpose of the marking of bales; \r\n \r\n(b)  the manner in which bales shall be marked; and \r\n \r\n3[(c)  the standard weights and scales to be used in cotton ginning and cotton     \r\npressing factories in any part of 5[Pakistan] and the inspection of the same.] \r\n \r\n 13. Power of the Provincial Government to make rules.  The 3[Provincial Government] \r\nmay, by notification in the 3[official Gazette], make rules consistent with this Act to provide for all \r\nor any of the following matters, namely:⸻ \r\n \r\n(a)  the forms in which registers, records and returns are to be maintained or \r\nsubmitted, and the inspection of records and registers; \r\n \r\n(b) the appointment of the authority to whom and the time within which the \r\nreturns required by 6[sections 5 and 5A] shall be made; \r\n \r\n(c)  3[* * * * * *        *] \r\n \r\n(d)  the appointment of authorities for the purposes of sections 7, 8 and 9; \r\n   \r\n(e)  the manner of service of orders made under section 9; \r\n \r\n(f)  the powers of entry and inspection which may be exercised by District  \r\nMagistrates or by any officer specially empowered in this behalf by the \r\n3[Provincial Government]; \r\n \r\n(g)  any other matter which is to be or may be prescribed or for which  provision \r\nis necessary in order to carry out the purposes of this Act. \r\n \r\n \r\n \r\n \r\n \r\n1Omitted by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. \r\n2“or a Magistrate of the first class specially empowered in this behalf by the Provincial Government” omitted by the Federal L aws (Revision and \r\nDeclaration) Ordinance, 1981 (XXVII of 1981), s. 5 and Sch. IV (only to the extent of Islamabad Capital Territory). \r\n3Subs. and omitted by A. O., 1937. \r\n4Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. \r\n5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October 1955). \r\n6Subs. by Act No. IX of 1942, s. 4. \r\n \r\n \r\n \r\nPage 8 of 8 \r\n \r\n 14. Power to reject unmarked bales in fulfillment of contracts. ⸻1[(1)] After the \r\nexpiration of one year from the com mencement of this Act, any person who has made a contract for \r\nthe purchase of baled cotton may require that no bales other than bales marked 1[with the mark \r\nprescribed under section 4 for the factory in which they were press ed] shall be supplied in fulfilment \r\nof such contract, and, if he does so require, no bale not so marked shall be tenderable in fulfilment of \r\nthe contract: \r\n \r\n 1[*        *     *           *       *                    *                     *]     \r\n     \r\n 1[(2) Any bale marked in accordance with the provisions of section 4 shall, within the \r\nmeaning of the Evidence Act, 1872 (I of 1872), be presumed. for all purposes as between the  parties \r\nto a contract for the purchase of baled cotton, to have been so marked  before leaving the factory n \r\nwhich it was pressed.] \r\n  \r\n 15. Protection for acts done under Act. No suit or other legal proceeding shall be instituted \r\nagainst any person in respect of anything which is in good faith done or intended to be done under \r\nthis Act. \r\n \r\n____________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n83434           Date: 17-01-2025 \r\n1Re-numbered, subs., omitted and added by Act No. XIV of 1939, s. 3.",
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