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  "title": "Cotton Standardization Ordinance, 2002",
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  "text": "Page 1 of 9 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE COTTON STANDARDIZATION ORDINANCE, 2002 \r\n \r\n \r\n \r\n \r\n     CONTENTS \r\n_________ \r\nSECTIONS \r\n1.  Short title, extent and commencement. \r\n2.  Definitions. \r\n3.  Establishment of the Institute. \r\n4. Management. \r\n5.  Constitution of the Board. \r\n6. Meetings. \r\n7. Power of Board to associate other persons. \r\n8.  Executive Committee. \r\n9. Appointment of officers and staff. \r\n10. Officers and staff etc. to be public servants. \r\n11. Audit of Accounts. \r\n12. Functions of the Institute. \r\n13. Placement of Classers. \r\n14. Duties of a Classers. \r\n15. Standardization fee. \r\n16. Pakistan Cotton Standards Institute Fund. \r\n17. Power of the Institute to borrow money. \r\n \r\nUpdated till 31.8.2022\r\n\r\n \r\nPage 2 of 9 \r\n \r\n18. Budget. \r\n19. Delegation. \r\n20. Power to make rules. \r\n21. Savings. \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\n \r\n \r\n \r\n \r\nPage 3 of 9 \r\n \r\nTHE COTTON STANDARDIZATION ORDINANCE, 2002 \r\n \r\nORDINANCE No .  LXIV OF 2002 \r\n[4th October, 2002] \r\n \r\nAn Ordinance to provide for the establishment of the Pakistan Cotton Standards Institute and \r\nto promote quality control of cotton \r\n \r\nWHEREAS it  is  expedient to provide for  the  establishment  of  the  Pakistan  Cotton \r\nStandards Institute and to promote quality control of cotton and to provide for matters connected \r\ntherewith or incidental thereto; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action; \r\n \r\nNOW,  THEREFORE, in  pursuance  of  the  Proclamation  of  Emergency  of  the fourteenth \r\nday of October, 1999, and the Provisional Constitution Order No.l of  1999, read  with  the  \r\nProvisional  Constitution  (Amendment)  Order  No.9  of  1999,  and  in exercise  of  all  powers  \r\nenabling  him  in  that  behalf,  the  President  of  the  Islamic Republic of Pakistan is pleased to \r\nmake and promulgate the following Ordinance, namely:⸺ \r\n \r\n \r\n1. Short title, extent and commencement. --(1) This Ordinance may be called the  \r\nCotton Standardization Ordinance, 2002.  \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,⸺ \r\n \r\n(a)  “arbitration” means settlement of disputes between buyer and seller of \r\ncotton; \r\n \r\n(b) “bale” means any pressed package of lint cotton with standard average net \r\nweight of one hundred and seventy kilograms with variation of three percent \r\nplus or minus at eight and half percent moisture content; \r\n \r\n(c) “Board” means the Board of Dir ectors of the  Institute constituted under \r\nsection 5; \r\n \r\n(d)  “Chairman” means the Chairman of' the Board; \r\n \r\n(e)  “Classer” means a person trained in cotton assessing and having obtained the \r\nprescribed certificate by the Institute; \r\n \r\n(f) “cotton” means the post-harvest seed cotton and lint cotton; \r\n \r\n(g)  “contamination” means all materials other than cotton; \r\n \r\n \r\nPage 4 of 9 \r\n \r\n(h)  “cotton standards” means the official cotton standards prescribed by the \r\nInstitute; \r\n \r\n(i) “Fund” means the  Pakistan  Cotton Standards Institute Fund established  \r\nunder section 16; \r\n \r\n(j) “ginner” means  any natural or legal p erson r esponsible for managing a \r\nginning factory; \r\n \r\n(k)  “grade” means a grade of cotton established under this Ordinance; \r\n \r\n(l)  “Inspector” means an Inspector appointed by a Provincial Government \r\nunder  the Provincial Cotton Control Ordinance, 1966, (W.P.Ordinance XX    \r\nof   1966); \r\n \r\n(m) “Institute” means the Pakistan Cotton Standards Institute established under \r\nsection 3; \r\n \r\n(n)  “member” means member of the Board; \r\n \r\n(o)  “prescribed” means prescribed   by   rules   made   under   this Ordinance;and \r\n \r\n(p) “private inspection company” means a company or person so authorized \r\nby the Institute to  grade and classify seed cotton and li nt cotton for \r\ndetection of contamination level therein. \r\n \r\n3. Establishment of the Institute.⎯(1) There shall be established an institute to be known \r\nas the Pakistan Cotton Standards Institute which shall be a body corporate having perpetual \r\nsuccession and a common seal and may acquire, hold and dispose of its property: \r\n \r\nProvided that the immovable  property  of the Institute shall  be disposed of after approval \r\nof the Federal Government. \r\n \r\n(2). The Head Office of the Institute shall be at Karachi, with sub-offices one each in the \r\nPunjab at Multan and in Sindh at Sukkur. The Board may, with the approval of the Federal \r\nGovernment, set up such additional sub-offices at other places as and when required. \r\n \r\n(3). The Institute shall  be headed by a Director who shall be its chief executive officer. \r\n \r\n4. Management.⎯() The general direction and administration of the Institute shall vest in \r\nthe Board which may exercise all powers and do all acts which may be exercised or done by the \r\nInstitute under this Ordinance. \r\n \r\n(2)  The Board shall in discharge of its functions, act on sound principles of standardization, \r\ntesting and quality control and shall be guided on matters of policy by such directives which the \r\nFederal Government may issue from time to time and if question arises as to whether any matter \r\nis a matter of policy or not, the decision of the Federal Government shall be final. \r\n \r\n5. Constitution of the Board.⸺(1) The Board shall consist of the following, namely:⸺  \r\n \r\nPage 5 of 9 \r\n \r\n  \r\n \r\n(2) The Secretary, Ministry of 2 [Textile Industry] shall be the Chairman and the Director, \r\nPakistan Cotton Standards Institute shall be ex officio Secretary of the Board.  \r\n(3) The Federal Government shall, from the Ministry of Commerce, Government of \r\nPakistan, appoint a member to be the Vice-Chairman of the Board. \r\n(4) The appointment of the Chairman, Vice-Chairman and members shall be notified in the \r\nofficial Gazette. \r\n \r\n6. Meetings.⎯ (1) The meetings of the Board shall be convened by the Chairman for an \r\nidentified agenda on such date and at such time and place as may be specified by him: \r\n \r\nProvided that  not more than a period of six months shall intervene between two meetings \r\nof the Board and at least two meetings of the Board shall be held each year. \r\n \r\n1Ins. by the Cotton Standardization (Amdt.) Act, 2009 (II of 2009), s. 2. \r\n2Subs by the Cotton Standardization (Amdt) Act, 2009 (II of 2009), s.2 for “Food, Agriculture and Livestock\".\r\n(a)  The Chairman;  \r\n(b)  one representative each of the 1[Ministry of  Textile Industry,]  \r\nMinistry   of Food, Agriculture and   Livestock,   Ministry   of \r\nCommerce and Ministry of Finance, Government of Pakistan; \r\nMembers. \r\n(c)  one   representative   each   of   the   Agriculture Departments \r\nof the Punjab, Sindh, NWFP and Balochistan; \r\nMembers. \r\n(d) one r epresentative each of the Pakistan Central Cotton \r\nCommittee (PCCC), Trading Corporation of Pakistan (TCP), \r\nKarachi Cotton Association (KCA), All Pakistan Textile Mill's \r\nAssociation (APTMA), Pakistan Cotton Gin ner's Association \r\n(PCGA) and Textile Commissioner’s Organization (TCO); \r\nMembers. \r\n(e)  one grower each to be nominated far a tern of two years by \r\nthe Provincial Agriculture Departments of Punjab, Sindh, NWFP \r\nand Balochistan; \r\nMembers. \r\n(f)  such  other  growers  not  exceeding  three, to  be \r\nnominated by the Federal Government for a terns of two \r\nyears; and \r\nMembers. \r\n(g)   Director,   Pakistan   Cotton   Standards   Institute \r\n(PCSI). \r\n \r\nMember. \r\n \r\nPage 6 of 9 \r\n \r\n(2) On a written requisition of at least seven members, the Chairman shall, within a period \r\nof fifteen days from receipt of such requisition, summon a meeting of the Board. \r\n \r\n(3)  Seven members of the Board shall constitute a quorum for a meeting of the Board. \r\n \r\n(4) All decisions of the Board shall be taken by majority vote and, in the event of \r\nequality of votes, the Chairman shall have the casting vote. \r\n \r\n(5) The Board may, with the approval of the Federal Government, make rules for conduct \r\nof its business. \r\n \r\n7. Power of Board to associate other persons. The Board may, in such manner and on \r\nsuch terms as it may deem fit, seek the advice or assistance of any person in carrying out the \r\npurposes of this Ordinance and invite any person to take part in discussions during any of its meeting \r\nwithout the right to vote. \r\n \r\n8. Executive Committee.⎯ (1) There shall be an Executive Committee which shall \r\nconsist of the following members, namely:⎯ \r\n \r\n(a)   the Vice-Chairman; \r\n \r\n(b)   three members of the Board of whom two members from the public sector and \r\none member from the private sector, to be nominated by the Board; and \r\n \r\n(c)   the Director, Pakistan Cotton Standards Institute. \r\n \r\n(2) Subject to the directions and delegation of powers by the Board, the Executive \r\nCommittee shall be the principal administrative body of the Institute. \r\n \r\n9. Appointment of officers and staff.⸺ (1) The Board may appoint such officers and \r\nemployees as it may consider necessary for the efficient performance of its functions on such terms \r\nand conditions as may be prescribed with the prior approval of the Federal Government. \r\n \r\n(2) All appointments under  sub-section (1) shall be made in accordance with  the prescribed \r\neducational, technical  or professional qualifications , experience  and age limits and after \r\nadvertisement of the vacancies in the prominent newspapers. \r\n \r\n10. Officers and staff etc. to be public servants. The officers and staff of the Institute \r\nshall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode (Act XLV of 1860). \r\n \r\n11. A udit of Accounts. The annual accounts of the Institute shall be audited by the \r\nAuditor General of Pakistan. \r\n \r\n12. Functions of the institute.⎯ The following shall be the functions of the Institute, \r\n \r\nPage 7 of 9 \r\n \r\nnamely:⸺ \r\n \r\n(a)   to introduce standardization of cotton; \r\n \r\n(b)   to establish cotton s tandards and recommend measures to Provincial \r\nGovernments for producing contamination-free cotton; \r\n \r\n(c)  to devise quality control measures for export and domestic use of cotton and   \r\nthe   handling   procedures   for   contamination-free   cotton   in   ginning \r\nfactories; \r\n \r\n(d)  to conduct grading of seed cotton and classification of lint cotton through its \r\nClassers  or the approved private inspection companies; \r\n \r\n(e)  to pre-qualify the private inspection companies for certifying the quality of \r\ncotton; \r\n \r\n(f)  to conduct training and examination in  cotton  grading  and  cotton  classing for \r\ngrowers, ginners, spinners, exporters and other persons of public and private \r\nsectors and awarding the certificate; \r\n \r\n(g)  to develop arbitration procedures to settle disputes relating to classification, \r\ngrading and contamination amongst sellers and buyers of seed cotton and lint \r\ncotton; \r\n \r\n(h)  to liaison with the national and international cotton related institutions; and \r\n \r\n(i)   to lay down the policy and programme and its implementation   for training \r\nin arbitration, cotton classification and cotton fibre testing. \r\n \r\n13. Pla cement of Classers.⎯(1) The Institute shall assign a Classer to one or more \r\nginning factories for supervision of the-standardization of cotton. \r\n \r\n(2) The assignment of a Classer under sub-section (1) shall not prevent the Institute from \r\nexercising itself or any private inspection company from exercising the duties of a Classer. \r\n \r\n14.  Duties of a Clas ser.⎯(1) The Classer shall supervise the standardization procedures   \r\nand   technical   requirements   by   a   ginning   factory   with   which   his assignment has been made \r\nunder sub-section (1) of section 13. \r\n \r\n(2)  In order to carry out his duties under sub-section (1), the Classer shall be empowered to \r\nvisit the assigned ginning factory and he may examine any cotton being ginned and take samples \r\nthereof for classification. \r\n \r\n(3)  If a Classer has reasons to b elieve th at the st andardization procedures and technical \r\nrequirements are not complied with by a ginning factory, the Classer shall inform the Inspector by \r\na written memorandum with copy to the Institute. \r\n \r\nPage 8 of 9 \r\n \r\n15. Standardization fee.⸺ (1) The Institute may charge standardization fee as charges of \r\nstandardization of the cotton at such rate as the Federal Government may, from time to time, fix by \r\nnotification in the official Gazette. \r\n \r\n(2) The Institute shall have the authority to utili ze the standardization fee to meet its \r\nestablishment and operational expenses. \r\n \r\n(3)  The institute shall , however, continue  to receive such  annual grants from the Federal \r\nGovernment to meet its establishment and operational expenses till it becomes self- financing. \r\n \r\n \r\n16. Pakistan Cotton Standards Institute Fund.⎯ (1) There shall be established a Fund to \r\nbe known as the Pakistan Cotton Standards Institute Fund to meet expenses in connection with the \r\nfunctions of the Institute under this Ordinance including the payment of salaries and other \r\nremunerations of the officers and staff of the Institute. \r\n \r\n(2) The Fund shall consist of⸺ \r\n \r\n(a)   grants made by the Federal Government ; \r\n \r\n(b)  loans obtained from the Federal Government ; \r\n \r\n(c)  loans obtained from, and grants made by foreign agencies with the prior \r\nsanction of the Federal Government ; \r\n \r\n(d)  standardization fee charged under section 15; and \r\n \r\n(e)  all other funds and sums including donations received by the Institute. \r\n \r\n(3) The Fund shall be kept in the Personal Ledger Account of the Institute with the National \r\nBank of Pakistan, or  with  such  other  banks  as  may  be  approved  by  the Federal Government. \r\n \r\n17. Power of the Institute to borrow money.⸺ For the purpose of borrowing money, the \r\nInstitute shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 (IX of \r\n1914). \r\n \r\n18. Budget. The Institute shall prepare its annual budget estimates for every ensuing year, \r\nand submit it for approval to the Board. \r\n \r\n19.  Delegation.⎯ (1)  The  Federal  Government  may,  by  notification  in the  official \r\nGazette, and subject to such conditions as may be specified in the notification, direct that all or \r\nany of its powers under this Ordinance or rules made thereunder shall also be exercisable by a \r\nProvincial Government or any authority subordinate to it. \r\n \r\n(2) The Board may delegate all or any of its powers under this Ordinance to the \r\nChairman, a member or any officer of the Institute.  \r\n \r\nPage 9 of 9 \r\n \r\n \r\n20. Power to make rules.⎯ (1) The Institute may, with the approval of the Federal \r\nGovernment, make rules for carrying out the purpose of this Ordinance. \r\n \r\n(2) In particular and without prejudice to the generality of the foregoing powers, such rules \r\nmay provide for all or any of the following matters, namely:⸺ \r\n(a)   to regulate appointments to and conditions of service of officers and employees \r\nof the Institute; \r\n(b)  standardization of cotton and devise measures for application of \r\nstandards;  \r\n(c) seed cotton grading and lint cotton classification; \r\n(d)  specifying nature and levels of contamination  and measures for quality \r\ncontrol of cotton and for producing contamination-free cotton; \r\n(e) selection and control of approved private inspection companies for certifying \r\nthe cotton quality; \r\n(f)  regulating the composition and the functions of technical and administrative \r\ndepartments, and other offices of the Institute; \r\n(g) levying of fees and charges in respect of grading, classing, quality control, \r\nfibre testing and other services provided by the Institute; \r\n(h) settlement of disputes between buyer and seller of cotton; \r\n(i)  laying down the qualifications and duties of the employees of the Institute; \r\nand \r\n(j)  courses of study for training in cotton  grading, classification, standards, \r\ndetection and eradication of contamination in cotton and fibre testing by \r\nmodern machines and HVI. \r\n \r\n21. Savings. All rules made and in force immediately before the commencement of this \r\nOrdinance shall, in so for as they are not inconsistent with the provisions of this Ordinance having \r\nregard to various matters which by  this Ordin ance h ave to be regulated or  prescribed by  rules, \r\ncontinue to be in force, until they are repealed, replaced, rescinded or modified in accordance with \r\nthe provisions of this Ordinance. \r\n \r\n \r\n \r\n \r\n________________________",
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}