Section 5B in The Cotton Ginning and Pressing Factories Act, 1925
5B. [ Power to regulate rates for ginning and pressing in certain areas. [Sections 5B & 5C Inserted by Rajasthan 17 of 1986 [1.1.87]]
(1)If the State Government is of the opinion that it is necessary in public interest so to do for the purpose of securing the ginning or pressing of cotton in any local area at, reasonable rates or charges, it may, by an order published in the Official Gazette, direct that no owner or person in-charge of any cotton ginning factory or cotton pressing factory in such local area shall,-(i)charge or cause to be charged for the ginning-or pressing or both of Cotton rates in excess of such maxima as may be fixed by the rate-fixing committee of such local area under sub-section (6); or(ii)without reasonable excuse refuse to accept or cause to be so refused cotton tendered by any person for ginning or pressing if the tenderer is prepared to pay charges at rates lawfully leviable; or(iii)impose as a condition precedent to the acceptance of cotton for ginning or pressing tendered by any person for the purpose, surrender of cotton seed or lint in whole or in part in lieu of the charges lawfully leviable:Provided that where a cotton ginning factory or cotton pressing factory carries on the process of ginning or pressing cotton exclusively for its owner or person in-charge as part of his normal trade, the State Government may exempt such factory from the operation of clauses (ii) and (iii) subject to such conditions as may be prescribed.(2)There shall be appointed a rate-fixing committee in each local area specified in .the order notified under sub-section (1), which shall consist of-(a)the Collector of the district of the local area;(b)two representatives of the growers of cotton in the local area;(c)two representatives of the owners of cotton ginning or cotton pressing factories situated in the local area; and(d)one person (not being a Government servant) who possesses special knowledge of, or experience in, the ginning and pressing of cotton or of the cotton trade, to be nominated by the Collector of the district in consultation with the State Government.(3)The Collector shall be the Chairman of the Committee.(4)The representatives referred to in clauses (b) and (c) of sub-section (2) shall be appointed in such manner as may be prescribed.(5)The term of the office of the non-official members of the Committee, the manner in which the members may resign and casual vacancies filled up, and the procedure regarding the work of the committee shall be such as may be prescribed.(6)Every rate-fixing committee shall fix the maximum rates for ginning or pressing cotton within its local area, having regard to such matters as may be prescribed.(7)If any person gins or presses cotton at a rate exceeding the rate fixed by the committee under the provisions of this section or contravenes the provisions of any order made under sub-section (1), he shall, on conviction, be punishable with fine which may extend to two thousand rupees, or, if he has previously been convicted of any such offence, with fine which may extend to five thousand rupees.
