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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHEd BY AUTHORITY

NEW DELHI, MONDAY, AUGUST 2, 1948

GOVERNMENT OF INDIA

MINISTRY OF INDUSTRY AND SUPPLY

NOTIFICATION

New Delhi, the 2nd August 1948.

No. 80-Tex.I/48. --.In exercise of the powers conferred by section 3 of the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946), the Central Government is pleased to make the, following Order, namely;—

1. (i) This Order may be called the Cotton Textiles (Control) Order, 1948

(ii) It extends to all the Provinces of India,

(iii) It shall conic into force at once.

2. The Cotton Textiles (Control) Order, 1948 (Notification No. 80-Tex.I/48 dated the, 19th February 1948) is hereby repealed: provided that any order made, notification issued, right accrued, penalty incurred, or anything done or deemed to have been done under the said Order shall be deemed to have been made issued, accrued, incurred or done under the corresponding pro- vibioiiw of this Order,

3. In this Order, unless there is anything repugnant in the subject or context—

(a) "Cloth" and "Yarn"' mean respectively any type of cloth or yarn manufactured either wholly from cotton or partly from cotton and partly from any other material, but "cloth" does not include—

(i) ready made clothing other than dhoties and sareee; (ii) hosiery;

• (iii) leather cloth and inferior or imitation leather cloth ordinarily used in book-binding;

(iv) tracing paper; (v) cloth manufactured partly from cotton and partly from wool and containing 40 per cent, or more of wool by weight;

(vi) rubberised or synthetic, water-proof fabrics whether single-textured or double-textured;

(b) "Controller" means the principal officer appointed by a Provincial Government for the administration of the Textile Control and includes any other officer appointed by such Government to perform the functions of the Controller under this order or under the rules, orders and notifications issued thereunder;

( 1191 )

(cj " d e a l e r" m e a ns a person caviling uii tJi1 selling ulorli or yarn or both, whether wholesale or retail, a nd whether or not m couuux-tiuii witii any other business a nd shall include master wen verb of uandiooiu e.luth;

(d) " m a n u f a c t u r e r" includes a producer or processor, a na I lie expression,,,, ' m a n u f a c t u r e' a mi its g r a m m a t i c al valiants shall be construed according!;),

(ej t he e g r e s s i on 'oiler to sell' shall be deemed to include a refeicuce to Lin intimation by a person oi tho price proposed by h im fur ine sale ul .ID article, m a de by t he publication oi a price Ji"i by expo winy the article lor sale in association with or bearing a m a rk indicating price, by the furnishing ot a quotation or otherwise howsoever;

(1) an article shall be deemed to be in tho possession ol a person when it ifi held on behalf ol! t h at person by another person or when hold by that person on behalf of another person;

(g) " p r o c o s s o r" m e a ns a person engaged exclusively in a ny process ancillary , to t he production of eluth gr yarn .- ut;h as dyeing, bleaching, o tu I irai deling, "r piiiiting a nd fininshiug; a nd thti e.xpruHKiun 'process' a nd its grammatical variuutw shall be construed accordingly;

(h) " p r o d u c e r" lueaus a person engaged in tho production of cloth or yarn .or both by power as defined in section 2(±; of t he .Factories Act, lUiM a nd the expression ' p r o d u c e' mid its g r a m m a t i c al variants shall be construed accord- ingly;

(1) 'scheduled article' m e a ns an article specified in schedule A, a nd includes any other article declared by t he Central G o v e r n m e nt to be scheduled article for t he purposes of this order;

(j) " s t a r c h" m e a ns starch m a de from wheat, rice, maize, jownr

(lr) " T e x t i le C o m m i s s i o n e r" m e a ns t he Textile Commissioner appointed b(\ the Central GoverJUnont a nd includes such Additional or J o i nt Textile Com- lninsioners as m ay be appointed by the Central G o v e r n m e n t.

R AW M A T E R I A LS A ND S T O B ES

4. No person shall m a n u f a c t u re starch other t h an sttirch made from tapjona except mider a nd in accordance with the t e r ms of a licence granted by the Textile Commissioner.

5. (1) E v e ry importer of a scheduled article shall within 15 dnys of the date of the arrival of t he consignment containing such article furnish to the Textile Commissioner t he following infomiafcion in respect of t he cunsignmenv-

(a) description and quantity uf each of t he articles included in I he con- signment;

(b) the landed cost of each item together with invoices and all othor docu- ments evidencing the price, buying commission, insurance premium, Height, customs duty, landing and clearing charges paid up to the deposit of the consignment in the consignee's warehouse or other place of stonige.

(2) No importer shall sell or otherwise disposo of any such scheduled article imported by him except in accordance with the instruch'ons given fu him by the Textile Commissioner; provided that If the importer does noi receive any snob, instructions from the Textile Commissioner within IU) days nf the receipt by the Textile Commissioner of the information submitted muler sub-clause (J), the importer may subject to the provisions of CLIUSCR 0, H and H(J, dispose of the consignment..

6. No person shall sell or dispose of any scheduled article except under and n accordance with—

(a) a seller's licence granted to him by the Textile Commissioner; (b) a direction given to him by the Textile Commissioner under clause 8. 7. No person shall purchase or otherwise acquire any scheduled article pxcept under and in accordance with a buyer's licence granted by the Textile Commissioner.

8. The Textile Commissioner may- by order in writing require any importer of or dealer in any scheduled article to sell to such person as may be specified in the Order such quantities of the scheduled article and in the case of a scheduled article of which the maximum prices have not been fixed under clause 9 at such price, as may be specified in the Order.

9. (1) The Textile Commissioner may by notification in the Gazette of India fix the maximum prices or rate at which any scheduled article may be sold;

(2) No person shall sell or offer to sell a scheduled article at a price exceed- ing maximum price specified under sub-clause (1).

10. (1) The Textile Commissioner may direct any person carrying on the business of producing or selling any scheduled article to mark such articles exposed or intended for sale with the sale price thereof, or to exhibit in his premises a price list of articles held by him for sale; and may further give directions as to the manner in which such directions ahall be carried out.

(2) The Textile Commissioner may by order published in the Gazette of India issue a direction of the nature specified in sub-clause (1) generally to all persons carrying on the business of producing or selling any scheduled article or to any person or any class of such persons.

~ 11. (1) Applications for licences under this Order shall be made in such form as the Textile Commissioner may prescribe;

(2) The Textile Commissioner may, without assigning any reason, refuse to grant a licence to any person and his decision shall be final;

(3) The Textile Commissioner may specify in the licence the conditions, if any, under which ft is issued and the licensee shall comply with such sonditions;

(4) The fees for the grant of a licence shall be such as the Textile Com-

missioner may, by notification in the official Gazette prescribe;

(5) Subject to the provisions of sub-clause (6) the licence shall be valid :or the period specified therein and may be renewed;

(6) If the holder of a licence has supplied incorrect information in his ipplication or in any return submitted by him or if he contravenes any jondition of the licence, or if at any time the Textile Commissioner is satisfied. that for any other reason the licensee it; not a fit person to hold the licence, ;he Textile Commissioner may in his discretion and without prejudice to any jther action which may be taken against the licensee, cancel or suspend lis licence, and the order of the Textile Commissioner shall be final.

CLOTH AND YAEN

12. (1) No producer who has j o spinning plant shall work or cause or per- nit to be worked—

(a) looms in excess of the number of looms working in the undertaking on ;he 30th September 1944;

(b) any loom for a period which in any one month exceeds the average lumber of hours of work per loom per month in the undertaking during the rear ending 30th September 1944.

(!i) Mo producer who has a spinning plant ahull in any quarter—

(a) purchase a quantity of yarn exceeding £ of the quantity of yarn pur- chased by him in the yeitr 1944.;

(b) sell u quantity of yarn leRs than \ of the quantity of yarn sold by him in the. year 1044;

(.'}) No producer who has no waiving plant shall install or cause or permit to be inRtrilJed any loom in his undertaking.

(4) No person shall acquire or install nny loom to be worked by power as defmtid in section 2(f) of the .Factories Act,' 11K34.

(5) Any person liaving in his possession any loom which ha in not entitled to work or cause or permit to be worked in accordance with this clause shall forthwith report the fact to (lie Controller and shall tnke such action ay to its sealing or .storage as the Controller may direct.

1JJ. No person shall manufacture or cause to be manufactured any cloth containing any sizing or tilling material or both of any descriptions exceeding in the aggregate—•

(i) in tin', case of cloth wherein the count of warp yarn employed in 14R or cO'T'Ser, lf> per cent, of the weight- of the cotton in the cloth;

(ii) in other cases, 10 per cent .if the weight of the cotton in the cloth,

14. No person shall use wheat flour or glncofte for the purpose of sizing or filling doth,

lr>. No person shall sell or otherwise dispose¹ of or purchase or otherwise acquire for the purpose of sale nny cloth which has been manufactured in contravention of clause 10 or clause 14.

lfi. (1) For the purpose of Clausen 13 to 15 the proportion of sizing or filling material or both relative to the weight of the cotton in any finished cloth shall be determined by such test curried out by such person and in such maniVr as the Textile Commissioner mny, by notification prescribe.

(2) A eertiiiente signed by an officer authorised to carry out teats in pursu- ance of sub-clause (1) stating tlie result of the test shaU be conclusive proof that the test has been duly carried out in the manner prescribed and that the result thereof is us is stated in the certificate.

17. (1) No producer shall produce yarn of counts more than 10 in number or more than the number specified in column (8) of Hcliedule B for a plant of the si/.e of his spinning plant., whichever is less.

Provided that—

(n) I he same eout of warp and weft yarn produced from the same mixing shall be deemed to be one count;

(6) where any part of the spinning plant in employed exclusively for the per- formance of any contract with the Government such part shall, if the producer so elects, be deemed not to form a part'of the plant and nothing in this clause shall apply in relation to the production, of any yarn in pursuanoe of such contract, and the producer shall Jbo? deemed toj have -[employed a part of the plant exclusively for the performanoo of any suoh contract whore it is employed for the production of yarn for being supplied "to any person^under eontraot with the Government to utilise such yarn for the production of any article for sale to the Government and tho producer has submitted to the Textile Commissioner a report in writing stating the quantity, counts, period of delivery and the consignee "of such yarn and tho number pf spindles employed and the period requisite for the production of such yarn,

(2) No producer shall produce yarn finer than yarn of single 8(Va counts.

(3) Nothing in this clause shall apply to the production by a producer on a waste spinning plant oi' waste yarn of 6s or eoarsor.

18. (I) No producer shall produce cloth of more t h an two variel ie" for every 50 looms or part thereof in his possession or more t h an 20 varieties in all, which ever is lens in number.

Explanation.—For the purposes of this sub-clause, cloth shall bo deemed to Le of the eanie variety if it in woven in the aamo counts of yarn in warp and weft and in the same reed and pick notwithstanding t h at it is woven in different widths lengths, patterns or colours

(2) Nothing in this clause shall apply—

(1) to cloth produced in pursuance of a contract with tho Government ; and tho -looms employed in the production of such cloth shall be excluded in determining \ the number of varieties which m ay be produced under sub-elauso (1) ;

(ii) to cloth produced for experimental purposes provided the looiuw employed for such production shall not exceed one per cent, of the total number of looms in the producer's possession.

19. No producer shall produce any (loth with a border whether plain, dobby or jacqufird containing folded yarn in excess of what is required for a 2" border,

20. The Textile Commissioner may from time to time issue directions in writing to any producer or class of producers or the producers generally, regarding the classes or specifications of cloth or yarn, and the maximum or minimum quantities thereof, which they shall or shall not produce, during such periods as may be specified in the directions, and they shall comply with such direotionfl.

21. (1) No manufacturer of cloth shall pack cloth except in bales containing / n ot less t h an 1450 yards and not more than 1550 yards.

(2) No manufacturer of yarn shall pack yarn oxcept in bales or packages oon- taining not less t h an 380 lbs. and not more than 420 lbs.

(3) The Textile Commissioner may, subject to sub-clauses (1) and (2), by a general or special ordor ptescribo the manner in which any manufacturer shall pack cloth or yarn in bales or packages.

22. (1) The Textile Commissioner may specify—

(a) the maximum prices ex-factory, wholesale and retail at whioh any class or specification of cloth or yarn may be sold ;

(b) the markings to be made by a manufacturer or dealer on any class or speci- fication of cloth or yarn manufactured or sold by him and the time and manner¹ of ^ making mi oh markings.

(2) Notw ithntanding anything contained in sub-elauae (I) above t he Provincial Government or an officer authorised by t he Provincial Governmenb in this behalf may fix—

(a) the ox-factory maximum price for t he purpose." of t he .special markings under elaus" 2(1 in rospoot of .uiy t y pe of cloth for whioh such piioe has not been inpeuilied by t he Textile Cormnisbioner under the said sub-clause ;

(h) the maximum prides ox-factory, wholesale iiml retail at which any c-lolh produced by c manufjoturer or oth'T person referred to in the explanation to sub- ohiuH • [2) of clause 2M m ay be ;--old and may further specify t he markings to b' mud" on suuh cloth u<\<[ the time and mpmier oI' making t h em ;

* (3) A Court shall presume unless tho oontrary in proved t h et thf markings made / 1196 THE GAZETTE OP INDIA EXTRAORDINARY, AUG. 2, 1948

23. ():) Whor ? the marking to be mado and the time and manner of making it io respect of i"ny class or specification of cloth or yarn have been specified under clause 22—

(a) the manufacturer of, or, as the case may be, the dealer in such cloth or yarn shall oausn the marking to be made thereon at the tint-- and in the mann T specified ;

(6) no person other than such manufacturer or dealer shall cause the marking to bo made on any such cloth or yarn ;

(c) no person other tl an the manufacturer shall have in his possession or under his control any cloth or yarn which k not so marked, unless it be for hona fide peri onal requirements ;

(d) no person shall alter or deface or cause or permit to b;- altered or defac d p.ny marking made on any mich cloth or yarn held by him otherwise than for his hona fide p'-rsonal requirements ;

(e) no p.-rsoa shall make on any cloth or yarn any marking resembling the presioribsd marking ;

(/) r"J ppi'^on si all have in his possession or under his control otherwise that iovYiihbona file personal requirements any cloth or yarn the marking whereon is altered or defaced or is of a character specified in paragraph (e).

(2) No manufacturer shall s^ll or deliver any cloth or yarn of which the maxi- mum ex-f.iotory prne has not been specified by the Textile Commissioner undir clause 22.

Explanation.— Nothing in this sub-clause applies to a manufacturer whxLdoes not manufacture any yarn or to a processor or to a person engaged in the, production of handloom cloth.

(3) No person shall in the manufacture of cloth use- yarn (other than hand&pun yarn) the maximum ex-factory price of which has not been specified by the Textile Commissioner under clause 22.-

24, (1) No manufacturer or dealer shall sell or offer to sell any cloth or yarn a'j a price higher than +he maximum price specified in thib behalf under clause 22.

(2) E-very sale of cloth or yarn by a dealer except to a consumer shall be at a price either F. O. R. station of despatch or ex-godown of storage at the buyer's option. Provided that the commission of a commission agent shall be paid by tl e buyer.

- (3) No persor acting as a aommission agent in respect of a sale of clo^h or yar.i, to which sub-clause (2) applies shall receive a commission which exceeds \ per cent, of the maximum 2>rice of the cloth or yarn the subject matter of such sale.

(4) The Textile Commissioned may by notification in the official Gazette provide for the giving of a cash memorandum by any manufacturer or dealer inrespect of any sale transaction, and for the particulars to be contained in any such cash memorandum.

(5) No manufacturer or dealer shall, without sufficient cause, refuse to sell cloth or yarn to any person.

Explanation.—The possibility or expectation of obtaining a higher price at a later date shall not be deemed to be a sufficient cause for the purposes of this clause.

25. (1) Notwithstanding anything contained in sub-clause (2) no manufacturer or dealer shall after the 31st October 1948 buy or sell or have in his possession any cloth or yarn manufactured in India and packed before the 1st August 1948.

(2) No manufacturer or dealer shall buy or sell or have in his possession any cloth or .yarn after the expiration of twelve months from the last day of the month marked on the cloth or yaf n in accordance with a direction given under clause 22

and no person shall buy or sell or have in his possession any such cloth or yarn in unopened bales orcases after the expiration from the said date of a period of three months in the case of a manufacturer and a period of six months in any other case.

(3) For the purposes of this clause a bale or case shall be deemed to be unopened if the hoops or other bindings and all outer covering have not been removed ;

(t) Nothing in this clause shall apply to handloom cloth. 26. Notwithstanding anything contained, in sub-clauses (1) and (2) of clause 25, any cloth or yarn not disposed of within the period specified may be kept and sold by a dealer subject to the conditions notified in this behalf by the Textile Com- missioner prescribing the special markings to be made on such cloth or yarn, the agency by which the marking shall be made and the fee payable for such marking:

Provided that no such cloth or yarn shall be kept undisposed of by any dealer, or any person holding on behalf of a dealer for more than six months after the date of such marking.

27. Where in pursuance of clause 22 (2) (b) or clause 22 (2) (b) or clause 26, any piece of cloth is required to be marked at one and with the ex-factory price or with the price at which it is to be sold retail, and the piece is not sold as a whole, that portion of the piece containing the price marking shall be sold last by the dealer.

28. (1) No producer shall, at any time, have in his possession—

(a) a quantity of cloth exceeding the total quantity produced by him during the preceding three months ; or

(b) a quantity of yarn exceeding—

(i) in the ease of a person engaged in the production of yarn alone, the quantity of yarn produced by him during the preceding two months ;

(") in the ease of a person engaged in the production of cloth alone, the quantity of yarn reasonably required by him for producing cloth during the next three months ; and

(Hi) in the case of person engaged in the production of cloth and yarn, the sum total of the quantity of yarn reasonably required by him for the production of cloth during the next three months and the quantity equal to the yarn produced by him during the preceding three months over and above his own requirements during that period.

Explanation.—For the purposes of this sub-clause cloth on looms and yarn in the course of manufacture into cloth shall be excluded in computing the stocks in p ossession of a producer.

(2) No dealer, processor or other person not being a producer shall, at any time, have in his possession stocks of cloth or yarn in excess of his normal requirements.

Explanation.—For the purposes of this sub-clause the normal requirements of cloth or yarn, as the case may be, of a person engaged in manufacturing from cloth or yarn articles of clothing or other articles such as ropes, tapes, newar, bandages or canvas shall be deemed to be the quantity of cloth or yarn used by him during the preceding three months in such manufacture

(3) Nothing in sub-clause (2) applies to the possession by any person carrying on the business of banking of cloth or yarn pledged with him by a dealer or a manu- facturer.

(4) For the purposes of sub-clauses (1) and (2) any cloth or yarn agreed to be sold to a dealer by a manufacturer and of which delivery has not been taken by the due date shall be deemed to be in the possession of the dealer and not of the manu- facturer. * '

29. (1) Any person having in his possession cloth or yarn in excess of the quan- tity permitted under clause 28 shall forthwith report the fact, in the case of a manu- facturer to the Textile Commissioner and in other eases to the Controller.

(2) Any manufacturer or dealer in possession of cloth or yarn in respect of which the period i'or disposal prescribed undnr clause 25 or under thfl proviso to chum" 2fi is about to expire may report the fact to the Textile Commissioner or the Controller respectively.

(3) Any person making; a report under sub-clause (1) or sub-el mse '2) shall tako such action as to the storage, distribution or disposal of the doth or yarn tie the Textile Commission r or the Control lor may direct.

ADDITIONAL POWEBS OF THE THXTTLE COMMISSIONER

30. Tho Textile Commissioner may, with a view to securing a proper distribu- tion of cloth or yarn or with a viow to securing compliance with thin order, direct any manufacturer or dealer, or any elans of manufacturers or dealers—

{") to sell to such person or persona such quantities of doth or yarn as tho Textile Commissioner may (f[>ocify ;

(6) not to Roll fir deliver cloth or yarn of a specified description excopt to such person or persons find Ruhjeet to such conditions an the. Textile Commis- sioner may specify ; and

may issue such further instruction as ho thinks lit regarding the manner in which the"^ direction is to bo carried out.

31. The Textile Commissioner may, with a view to securing compliance* with this order—

(a) require any person to yivu such information in his posHossion with respect to any business carried on by that or any other person ;

(6) inspect or cause to be inspected any books or other documents belonging to or under the control of any person ;

(c) outer and search, or authorise any person to enter and search, any pre-^ mises and soize or authorise any porson to seize any artiole in respect of which he has reason to bcliove that a contravention of this ordor has been committed and any other article in the premises which he has reason to believe has been or is intended to be used in connection with such contravention.

32. (1) The Textile Commissioner may, by an order in wrjting, direct any j^rson who carries on the business of producing or selling a scheduled article—

(a) to maintain such records of his purchasos, sales, contracts, or other matters connected with his undertaking or business, and in such form and manner as may bo speoified in the ordor ;

(b) to submit to such authority returns or statements in suoh forms and con- taining such information relating to his undertaking or businoaa and. at such times as may be specified in tho order.

(2) The Textile Commissioner may by general order published in the Gazette of India issue a direction of the nature speoified in sub-clause (1) generally to any cJass of persons referred to therein.

33. (1) The Textile Commissioner may by a general or special permit exoludo from or modify or relax to such extent an may be specified by him, the operation of any such provision in rospeot of tiny person, act or tiling or any class of persons acts or things.

(2) The Textile Commissioner may in any such permit impose oonditions, limitations f.mi restrict ions subject tr> wl iuh such permit HIMII have effect.

(3) Notwithstanding anything oontiiini d in thin

THEJGAZKTffl® QM £NPIAt EXI'RAOppINAB^,.M®^%, 1 Wft ; 1 im'

34. Th3 Testue.Cpmni4#one,r,i?,iay by a^ generator,special "edj" grder,.i

, jPROCEDURE AND PENALTY

35. No person Khali, with intent to evade the provisions of thibwder, refuse to ^ive any information lawfully demanded from him under clauge>31 OF clause 32 or soncpal, destroy, mutihte, or defaee any book or other doQ\iment ,kept byibinVinthe 3oursJ of his business.

n

36. No prosecution for the contravention oi any of the provisions -qf, thip'/>rder 3hiJl ha iastitut3d without the previous sanction of the Provincial. Government or of such officer of the Provincial Government, not below the rank of a t>is'trict'Mains- brate, as thf Provincial Government may by general or special order iri'writin*;a'iitho- "is9 in this belialt.

= 37. Any couritrying a contravention of any of the provisions of this order may direct that any article, or, articles in respect of which it is satisfied fchat;ttte order h$>k been contravene:! shall be forfeited to His Majesty.

SCHEDULE ' A * -

- I. - Cotton Card Clothing and Card Clothing Sundries forElat Cards :—

1. Cylinder Fillet.

- 2... Plojfer Eillgt 3. S?t&ofTops 4. • Stripping Fillet 5. Burnishing Fillet 6. Hand Stripping. Cards 7. Walfcons Brushes -8.-- SpiraUStripg- _ .; __ 9. Phijipsons Sheets

10. Philipsons Top Clearer Strips - 11. Ash worths Top Clearer Strips 12. As'awoi-ths Dirt Roltor Fillet 13. Rhodes Stripping Filbt 14-. Licfterln Wire 15. Blaed Sbeel wire for Roving Wasfeeop3ners 16. Card Tacks 17. Raising FJlet

For Was.te and Wedding Cards,. jr-

18. Cylinder Fillet 19. Doffer Fillet 20. Rolisr Fillet 21. Clsarer Fillet 22. J^anoy Fillet 23 Under Cbarer Fillet 24 Fancy Stripp?r Fillet 25. Humbug Fillet 26. Feed Roller Fillet 27. liockerin Fillet 28. All other Cs£d Clothing and Sundries. =

[I. Bobbins for usa on Textile Machines other than JuAe and Hemp,

i. iglubbjiog;3^bes >.•.,.. .... ,,_ ,, %. /^QAsin^ljubjis . 3. Riag Rabb^th

4. Ring Weft Pirns (including Universal and Wadia Pirns). 5. Ring Doublet Bobbine 6. Warper Bobbins 7. Paper Tubes and Cones.

III. Shuttles for use in Textile Looms other than Jute and Hemp.

1. Shuttles for Looms (Ordinary) 2. Shuttles for Looms (Automatio)

IV. Imported Tallow V. Dyes derived from Coal-tar VI. HydroBulphito of Soda VII. Staroh VEIL Ring Spinning frames and Mules for manufacture of Cottuii Yarn.

SCHEDULE ' B '

MAXIMUM NUMBER OF COUNTS O* YARN wiucu A rRODucBK MAY PRODUCE

Number of counts of V'UTi.

Size of plant, with refereiioo to the num- ber of spindles installed and in working order

S. No.

(2)

(1)

10,000

1.

3

For every additional 10,000 spindles or part

2.

I

thereof.

SCHEDULE ' C '

Clauses 4, 6 7, 12, VA, 14, 15, 17, 18, If), 21, 23, 25 and 28.

(M, P. PAI, Joint Sooy.

Bombay, the 2nd Awjwt 1948

No. 80-TEX-1/48 (ii).—In exercise of the powers corifiirred on nu- by clause Si of the Cotton Textiles (Control) Order, 1948 and with the sanction of the Centra] Government, I hereby authorise the principal officer appointed by each Provincial Government for the administration of the textile control to discharge on my behalf the function under clause 22 (i) (a) of the said Order to specify in relation to sales made within his jurisdiction by dealers the maximum wholesale and retail prices of cloth and yarn, provided that where the maximum ex-factory price has been fixed by the Textile Commissioner under this Order in respect of any cloth or yarn, the maximum retail price shall not exceed in the catio of oloth 20 por cent, and in the case of yarn 16 per cent, over such maximum ex-faotory price.

No. 80-TBX-1/48 (iii).—In exercise of the powors conferred on me by clause 22 of the Cotton Textiles (Control) Order, 1948 and in addition to the marking specified in my notification No. T. C. (6) 1/44, dated the 19th February 1944 I

hereby presoribe the following markings and manner of marking which shall be obsorved by all manufacturers of oloth and yarn in respect of cloth and yarn packed after the 31st July 1948 :—

CLOTH

1. Eaoh pidce of cloth shall be stamped with the manufacturer's number or standard markings or serial number specified by the Textile Commissioner in fixing the maximum ox-factory prioe. The word " serial " shall be marked before the aerial number.

Explanation.—For the purpose of this notification a piece of cloth means any running length of oloth and includes cloth comprising an uncut pair of dhoties, towels, sarees or ohaddars ordinarily sold by the pair.

2. Eaoh piece of cloth except the items mentioned in para. 3 below pball be stamped at a distance not exceeding one yard from the end with the ex-factory price of such cloth, that is to say, the maximum ex-factory price of the particular description of oloth specified by the Textile Commissioner or the contract price, whichever is less.

NOTE.™If the actual length of the piece is not the standard length for which the maximum ex-factory price has been specified by the Textile Commissioner the proportionate price for the aotual length shall bo stamped or, in tho alternative, the price per yard calculated to the nearest pie.

3. Each piece of oloth comprising a pair of dhoties, sarecs, towels, or chaddarn or other items ordinarily sold in pairs shall be stamped with the price per pair as in para. 2 above ; provided that if the piece oonsiRtB of a single such item the proportionate price of that item shall be stamped.

4. Damaged and sub-standard pieces and fents exceeding three yards in length shall be stamped with the ex-factory price of mioh cloth, that is to say, tho maximum ex-factory price of the particular description of cloth specified by the Textile Commissioner or the contract price whichever is less expressed either as" a price per piece, or as a prioe per yard or as a price per ]b.

5. Each piece or unit of cloth shall bo marked'with the word "Medium "' where the count of warp yarn in the cloth (excluding the bordor) is 17'H or finer (whether single or folded), the word " Fine " where the same count is 36's or finer (whether single oi folded) or tho words lf (Fine Super) " where the same count fa 48's or finer (whether single or folded).

(5. In the oase of mesh cloth the markings prescribed in paras 1 to 5 above shall bo made on a piece of oloth stitched to the mesh oloth ; in tho case of raised blankets th

7. The markings Hpoeified in paras 1 to 6 above shall be made in letters and figures not loss than •$" in height on the face plait of the cloth.

8. On every bal ore other package of cloth in letters not less than \\" in hoight shall be marked—

(c) If containing fents :—

• ., ;

(?) the word "RAGS" in the case of feuts of on? yard in length ;

(it) the word "FEN TS''in the case fenis of 0:10 yard and above but not exceeding three yards, damaged cloth not exceeding three yards i 1 length and fents of dhoties and sarees ;

(Hi) the word'"SECONDS" in the case of fents above three yards but below ten yards and damaged cloth of any length above three yards

9. A manufacturer may at his option use the following abbreviations in making the markings specified in paras 5 and 8 above, that is to say the letter "M" for "Medium", the letter "F''for "Fine", the l e t l e t s 'F (S)" for'"Fine (Super)'", the letter "L" tor ""Grey", the letter " 8" for •'Bleached" and the Letter " 0" for ••Cjlouwl".

10. Nothing in paragraphs 1 to 8 above except sub-paia. (c) of para. 8 shall apply to feuts ar.d other shoit pieces of cloth not exceeding three yard--, in length.

YARN

i I. On the label inserted in each bundle 01 yam in compliance with my not!

ficati n No. T. C. (6) L/44 dated the 19th February 1941, shall also be stamped in letters and iiguros not less than \" in height the ox-factory price of such yarn, that is to say the maximum ex-factory price of the particular description of yarn specified by the Textile Commissioner or the contract price whichever is less ; provided that in the labels pastel in the inside of cones the letters and figures may be of a smaller size but shall be clearly legible.

\i. On every bale or package of \arn shall be stamped in letters and figures not less than "1" in height the ex-fact ,-y price as in para. 11 above.

18. Nothing in this r.otificitioii shall apply to :—

{a) handloom cloth ;

(b) hand-spun yarn ; (c) cloth and vam purchased directly by the Government from a manufac-

turer ;

(d) cloth and yarn processed by processors ; (c) cloth woven by a manufacturer not manufacturing any yarn ; (/) cloth and vain manufactured for export and not for sale in India.

Examination.—fi'or the pu; poses of this, uotifioatlon cloth and yarn shall not, b? deen>ed to }>': "manufactured for export and not for sole in India ' unless the niami- -facttuvr himself exports it or sells it, whether or not m pursuance uf a pre-existing contract , to atiexpyruer again *tj any valid etojrt qu>ia Leo .13a grants! by an export Trvl- (Controller or ,0-person hoidimr a lie ;m;e gianted by the Textile Commissioner under clause 2-A of the Cloth and yarn (Export Control).Order, 1945.

Ho. 80-Tox. 1 48 (IV).—Li exercise of tho powers e nfeired on me by c'au e 31 of the Cotton Textil?, (-Control) Order, 194S, 1 hereby direct evjry dealer i 1 cloth or varti to furtrsh forthwith to the principal ofttcer appointed by his Provincial Government for the administration of textile control information about the quantities and description including Tex-mark number and mo .th of packing of the cloth ya,-ii in. hU }>)H-i*',o 1 o 1 t'le Ut 1 o* t'vs a >tifi-atio 1 v,-h'.th ) • o 1 'us o'.vn ace >unt and or on account, of any other person.

T. P. BARAT, Toxtile Co'mmr.

PUBLISHED BY THE MASAGBR OF PUBLICATIONS, DELHI, INDIA, PANTED Bf IHB MANAQEE, GOVEENMENT OP INDIA PRESS, NEW DBLHI, I N D U.