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Thread: Ministry of Textiles - Textile(Development & Regulation) Order,2001

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    Thumbs up Ministry of Textiles - Textile(Development & Regulation) Order,2001

    THE GAZETTE OF INDIA EXTRAORDINARY PART I – SECTION 1

    MINISTRY OF TEXTILES

    O R D E R

    New Delhi, the 19th December, 2001

    F.No.8/3/2001-TPC. – In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the Textile (Development and Regulation) Order, 1993 except in respect of things done or omitted to be done before such supersession, the Central Government, hereby makes the following Order, namely:-

    PART - I

    1. Short title, extent and commencement – (1) This Order may be called the Textiles (Development and Regulation) Order, 2001.

    (2) It extends to the whole of India.
    (3) It shall come into force on the date of its publication in the Official Gazette.



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    Thumbs up Textile(Development & Regulation) Order,2001 - Definitions

    Textile(Development & Regulation) Order,2001

    2. Definitions: -

    In this Order, unless the context otherwise requires: -

    (a) “chindies” means cut-pieces of cloth having length of 23 centimetres of less;

    (b) "cloth" means any fabric made either wholly or equally or predominantly from cotton, wool, silk, jute, manmade fibre or yarn, any other natural fibre or yarn or waste of any of these materials or any combination (blends) thereof, and includes woven, non-woven, knitted and crocheted fabric ;

    (c) “consumer” means any person who buys or receives any textiles including through direct or indirect purchases for his own consumption or industrial use and the expression ‘consumer’ with its grammatical variations and cognate expression shall be construed accordingly ;

    (d) “fents” means cut-pieces of cloth having a length of 45 centimetres or more but not exceeding 90 centimetres where the width is one metre or more, or having a length of 65 centimetres or more but not exceeding 135 centimetres where the width is less than one metre ;

    (e) "fibre" means and includes natural fibres like cotton, silk, wool, jute and manmade fibres like viscose, polyester, nylon or waste of any of these materials ;

    (f) "form" means a form appended to this Order ;

    (g) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India ;

    (h) "importer" means any person who imports or intends to import textile(s) into India and includes a person who causes such import ;

    (i) "made-ups" means an article manufactured and/or stitched from any type of cloth, other than a garment ;

    (j) "a manufacturer" means a producer or processor of textiles, with or without the aid of power, and includes a person who causes manufacture of textiles and the expression "manufacture", with its grammatical variations and cognate expressions, shall be construed accordingly ;

    (k) "manufacturer of textile machinery" means a manufacturer of any textile machinery including its components, spares and accessories ;

    (l) “markings” means disclosing the essential information about any textile, such as the quality, quantity, composition, dimensions, usage, safety parameters, date of manufacture, identity of manufacturer, by way of stamping, printing, weaving, knitting, display tag attached or pasted, or otherwise ;

    (m) "person" includes --

    (i) an association of persons or a body of individuals, whether incorporated or not ;
    (ii) a company as defined in the Companies Act, 1956 (1 of 1956) ;
    (iii) a Hindu Undivided Family ;
    (iv) a co-operative society ;
    (v) every artificial juridical person, not falling within any of the preceding items ;

    (n) “processor” means a person engaged in processing of basic textiles, such as fibre, tops, yarn, cloth, made-ups and garments through ancillary processes, such as texturising, twisting, crimping, winding, singeing, warping, sizing, scouring, mercerizing, bleaching, dyeing, printing, raising, embossing, embroidering, finishing ;

    (o) “tendered cloth” means a piece of cloth whose cuprammonium fluidity test is 10 Rhes or more and/or tensile strength is less than 50% of that of a standard cloth of the given count-construction;

    (p) "producer" means a person who produces or causes to be produced basic textiles, such as fibre, tops, yarn, cloth, made-ups or garments ;

    (q) "textile" means any textile product and includes any fibre, tops, yarn, cloth, made-ups and garments ;

    (r) “textile machinery” means any machine which is used for the manufacture of textiles, including a machine required for processing of textiles, and also including its components, spares and accessories ;

    (s) "Textile Commissioner" means the Textile Commissioner appointed by the Central Government and includes any Additional Textile Commissioner or Joint Textile Commissioner appointed by the Central Government in the Office of the Textile Commissioner;

    (t) "tops" means an intermediate product of fibre in the form of a sliver used for the manufacture of yarn on the worsted spinning system ;

    (u) “yarn” means and includes yarn spun out of one or more types of fibres, whether natural or man-made, filament yarn, whether natural or man-made, and metallised yarn, whether natural or man-made ;

    (v) words and expressions used but not defined in this Order and defined in the Essential Commodities Act, 1955 (10 of 1955) shall have the meanings respectively assigned to them in that Act.


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    Thumbs up Textile(Development & Regulation) Order,2001 - PART – II - Maintenance of books of accounts, data, record and furnishing of information

    Textile(Development & Regulation) Order,2001

    PART – II

    FURNISHING OF INFORMATION


    3. Maintenance of books of accounts, data, record and furnishing of information, thereof – Every manufacturer of textiles, textile machinery and every person dealing with textiles shall keep books of accounts, data and other records relating to his business in the matter of production, processing, import, export, supply, distribution, sale, consumption, etc. and shall furnish such returns or information in respect of their business as and when directed by the Textile Commissioner.



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    Thumbs up Textile(Development & Regulation) Order,2001 - Installation of textile machinery

    Textile(Development & Regulation) Order,2001

    4. Installation of textile machinery

    Every person on installation of textile machinery for the manufacture of textiles shall file an Information Memorandum in Form 1-A to the Textile Commissioner, Mumbai, within thirty days of the installation of such machinery:

    Provided that in the case of installation of such machinery installed in the small scale sector, a copy of such Information Memorandum shall also be filed to an Officer notified in this behalf by a State Government.

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    Thumbs up Textile(Development & Regulation) Order,2001 - Relocation, sale, transfer or disposal of installed machine.

    Textile(Development & Regulation) Order,2001


    5. Relocation, sale, transfer or disposal of installed machine.

    Every person who relocates, sells, transfers or otherwise disposes of any textile machinery referred to in rule 4, shall file an Information Memorandum in Form 1-B to the Textile Commissioner about such re-location, sale, transfer or disposal, as the case may be, within thirty days from the date of such re-location, sale, transfer or disposal:

    Provided that in the case of relocation, sale, transfer or disposal of any such textile machinery in the small scale sector, a copy of such Information Memorandum shall also be filed to an Officer notified in this behalf by a State Government.


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    Thumbs up Textile(Development & Regulation) Order,2001 - Modernisation programme

    Textile(Development & Regulation) Order,2001

    6. Modernisation programme.

    Every manufacturer of textiles, having a programme for modernisation of his unit, shall file an Information Memorandum relating to such modernisation programme to the Textile Commissioner in such manner as the Textile Commissioner may specify.


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    Thumbs up Textile(Development & Regulation) Order,2001 - Duty to furnish information.

    Textile(Development & Regulation) Order,2001

    7. Duty to furnish information – No person shall, with intent to evade the provisions of this Order, refuse to give any information lawfully required from him under this Order or under any regulation or notification issued under this Order, or conceal, destroy, mutilate or deface any book or other document kept by him in the course of his business.

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    Thumbs up Textile(Development & Regulation) Order,2001 - PART – III - Production and Supply

    Textile(Development & Regulation) Order,2001

    PART – III

    Production and Supply

    8. Production – (1) The Textile Commissioner may, from time to time, issue directions, by notification with the prior approval of the Central Government, to any manufacturer or class of manufacturers or manufacturers generally regarding ;

    (a) the class(es) or specification(s) of any textiles which shall or shall not be manufactured ;
    (b) the dyes and chemicals which shall or shall not be used in the manufacture of any textiles ;
    (c) the maximum and the minimum quantity of textiles which shall be manufactured ;
    (d) the maximum ex-factory or wholesale or retail price at which any textiles shall be sold:

    Provided that no directions shall be issued under this sub-clause except in the interest of national security or public order and safety or protection of environment and public health, or public interest.

    (2) The Textile Commissioner may, from time to time, issue directions, by notification, with the prior approval of the Central Government, to any manufacturer, class of manufacturers or manufacturers generally of yarn regarding the manner of packing of yarn in hanks, cones or in any other form, in such proportions and for such periods of time as may be specified in the direction:
    Provided that while issuing any direction under this clause, the Textile Commissioner shall have regard to: -

    (i) the special requirements of any industry for such yarn ; and

    (ii) the capacity of the manufacturer or class of manufacturers or manufacturers generally to manufacture or pack yarn of different descriptions or specifications.


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    Thumbs up Textile(Development & Regulation) Order,2001 - PART - IV - Marking on Textiles

    Textile(Development & Regulation) Order,2001

    PART - IV

    Marking on Textiles

    9. Marking on textiles

    (1)(a) The Textile Commissioner may specify by notification, with prior approval of the Central Government, the markings to be made on textiles by a manufacturer of such textiles and the time and manner of making such markings:

    Provided that in the case of imported textiles, the importer shall cause such markings to be made on the textiles prior to their importation:

    Provided further that no person other than as stated above shall cause such markings to be made on any textiles:

    Provided also that no person other than a manufacturer shall have in his possession or under his control any textiles, which are not so marked.

    (b) No person shall alter or deface or cause to be altered or defaced markings made under item (a) of this sub-clause on any textiles or keep in his possession or under his control any textiles with altered or defaced markings or fake or misleading markings.

    (c) No person shall keep in his possession or under his control, or offer or store for sale any textiles, which do not contain the markings under this sub-clause or contain fake or misleading markings.

    (d) No person shall make any markings on any textiles resembling the brand name or trade name of any other person who has applied for or obtained a registration to that effect under the Trade and Merchandise Marks Act, 1958 (43 of 1958), except under and limited to the extent of specific authorisation by the holder of or applicant for such brand or trade name.

    (e) No person shall keep in his possession or under his control or offer or store for sale any tendered cloth except in the form of fents, rags or chindies.

    (2) Where the markings to be made and the time and manner of markings in respect of any textiles have been prescribed under this clause, the manufacturer or importer of textiles, as the case may be, shall cause the markings to be made thereon at the time and in the manner specified.

    (3) Where in pursuance of sub-clause (1), markings are required to be made at one end of any piece of cloth, the portion containing the said markings shall not be cut or separated from the said piece of cloth at any time till the other portion of that piece is sold or otherwise disposed of.

    (4) Every marking prescribed by the Textile Commissioner under sub-clause (1) with respect to length, width, count, or weight shall be subject to the relevant standard limits of variations contained in the instructions, for the time being in force, issued by the Central Government under Section 95 of the Trade and Merchandise Marks Act, 1958.

    (5) Every marking specified by the Textile Commissioner under this clause with respect to fibre composition, colour fastness, shrinkage, or count strength product (C.S.P.) shall be subject to the relevant standard limits of variation laid down by the Bureau of Indian Standards from time to time.

    (6) All tests that may be carried out in pursuance of this Order or regulation or notification(s) issued under this Order shall be with reference to the standards prescribed by the Bureau of Indian Standards.


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    Thumbs up Textile(Development & Regulation) Order,2001 - Testing by the laboratories of the Textiles Committee.

    Textile(Development & Regulation) Order,2001

    10. Testing by the laboratories of the Textiles Committee.

    (1) For the purpose of enforcing the provisions of this Order, the Textile Commissioner may direct the Officer-in-Charge of any of the laboratories established by the Textiles Committee constituted under the Textile Committee Act, 1963 (41 of 1963), or of the laboratories of the Powerloom Service Centres run by the office of the Textile Commissioner, to carry out or cause to be carried out such tests relating to any textiles as may be specified by the Textile Commissioner.

    (2) Where any such direction is issued, the Officer-in-Charge of the laboratory shall make a report under his hand to the Textile Commissioner in respect of any tests so carried out and any such report may be used as evidence in any trial for contravention of any of the provisions of this Order.


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