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Union of India - Section

Section 21 in The Cotton Textiles (Control) Order, 1948

21. [ (1) No manufacturer of cloth shall sell or otherwise dispose of cloth except in packed condition in the manner indicated below, namely :

(i)full bales containing not less than 1,400 meters or not more than 1,600 metres of cloth; or(ii)three-quarter bales containing not less than 1,050 metres or not more than 1,200 metres of cloth; or(iii)half bales containing not less than 700 metres or not more than 800 metres of cloth; or](iii-a) one-third bales contain not less than 450 metres or not more than 550 metres of cloths; or(iv)[ quarter bales containing not less than 350 metres or not than 400 metres or cloth; or] [Substituted by S.O. 445, dated 31st January, 1967.](v)one eighth bales containing not less than 175 metres or not more than 200 metres of cloth; [or] [Inserted by S.R.O. 959, dated 25th March, 1973.](vi)[ one sixteenth bales containing not less than 88 metres or not more than 100 metres of clothes :] [Inserted by S.R.O. 959, dated 25th March, 1973.][Provided] [Inserted by S.R.O. 959, dated 25th March, 1973.] that the Textile Commissioner may, by general order permit packing of specified quantities of cloth in the said full, three-quarter, half [quarter, one-eighth and one-sixteenth bales] [Substituted by S.R.O. 959, dated 25th March, 1973.] by reference to their weight instead of the meterage aforesaid :[Provided further that this sub-clause shall not apply to -(a)cloth delivered to Central Government in pursuance of any contract;(b)cloth sold for export; and(c)cloth of any description specified in this behalf by the Textile Commissioner which is not required by him for the purposes of issuing any directions under sub-clause (2) of Clause 30;](d)[] [Substituted by S.O. 457, dated 25th January, 1964.] cloth in respect of which any direction issued under sub-clause (2) of Clause 30 requires the sale of a quantity different from the quantity specified for full, one-half, [quarter, one-eighth or one-sixteenth bales] [Inserted by S.R.O. 959, dated 25th March, 1973.] as aforesaid.[Explanation. - For the purpose of this sub-clause, a wooden case containing the quantity of cloth as specified in times (i), (ii), (iii), (iii-a), (iv), (v), or (vi) shall also be deemed to be a full, three-quarter, half, one-third, quarter, one-eighth or one-sixteenth bale, as the case may be.] [Inserted by S.R.O. 1686, dated 28th July, 1965 and Substituted by S.O. 959, dated 23rd March, 1973.]
(2)[] [Inserted by S.R.O. 1686, dated 28th July, 1965 and Substituted by S.O. 959, dated 23rd March, 1973.] No producer of yarn shall sell or otherwise dispose of yarn except in packed condition in the manner indicated below, namely:
(i)full bale or package containing not less than 190 kgs. or not more than 210 kgs. of yarn; or
(ii)three-quarter bale or package containing not more than 142.5 kgs. or not more than 157.5 kgs. of yarn; or
(iii)half bale or package containing not less than 95 kgs. or not more than 105 kgs. of yarn; or
(iv)quarter bale or package containing not less than 47.5 kgs. or not more than 52.5 kgs. of yarn:
Provided that nothing in this sub-clause shall apply to any producer who sells or otherwise disposes of yam in any other form under the authority of the Textile Commissioner.Explanation. - For the purpose of this sub-clause bale or package includes bale or case of yarn in cones and cheeses but does not include size beams or weft prints.
(3)[ (a) * * * *
(b)****]
(c)No producer having both a spinning and a weaving plant shall pack during any month a quantity of yarn less than 80 per cent. of the average quantity of yarn packed by him per month during [the year, 1955] [Substituted, but G.S.R. 760, dated 29th June, 1959.].
(d)[***] [Clause (d) omitted by G.S.R. 760, dated 29th June, 1959.]
(4)The Textile Commissioner subject to sub-clauses (1) and (2) by a general or special order, prescribe the manner in which any manufacturer shall pack cloth or yarn in bales or packages.
(5)[ * * *] [Omitted by S.P. 179(E), dated 6th March,1985 (w.e.f. 8th March, 1985).][21A] [Substituted by S.O. 2636, dated 17th August, 1966.]. (1) Where the Textile Commissioner has specified under para. (a) of sub-clause (1) of Clause 22 the maximum prices at which any class or specification of cloth may be sold, or where he has specified under para (aa) of the sub-clause the principles on which and the manner in which such maximum prices may be determined, he may having regard to the matters specified in [the proviso to sub-clause (1) of Clause 20] [Substituted by S.O. NO. 1096, date 3rd March, 1976.] by order in writing, direct any producer with a spinning plant or a group of such producers to pack such minimum quantity of such cloth and during such period as may be specified in the direction.
(2)Where a producer with a spinning plant or a group of such producers fails to pack the minimum quantities of cloth within the period as specified in a direction issued under sub-clause (1), the Textile Commissioner may, without prejudice to any other action he may take for failure to comply with the direction by the producer or group of producers but having regard to the matters specified in [the proviso to sub-clause (1) of Clause 20] [Substituted by S.O. NO. 1096, date 3rd March, 1976.] by order in writing direct such producer or group of producers to pack the quantities of cloth by which the producer or group of producers has fallen short, within such extended period as may be specified. The Textiles Commissioner may further direct that the price applicable to such quantities of cloth shall be the price in force during the period specified in the direction under sub-clause (1) or during the extended period whichever is lower :[Provided that the power conferred on the Textile Commissioner,under this sub-clause shall be exercised only in respect of the quantity of cloth falling short of the minimum quantity which the producer shall have packed before the 2nd May, 1968.] [Inserted by S.O. 4133, dated 11th November, 1968.]
(3)[ Where, on an application made by any producer having spinning plant or group of such producers or otherwise, the Textile Commissioner is satisfied that any direction issued by him under this clause causes undue hardship or difficulty to any such producer or group of such producers he may, by order and for reasons to be recorded in writing, direct that the direction shall not apply, or shall apply, subject to such modification as may be specified in the order, to such producer or group of such producers.] [Inserted by S.O. No. 1096, dated 3rd March, 1976.]
(4)[ Any producer or group of producers to whom a direction has been issued either under sub-clause (1) or sub-clause (2) shall comply with such direction.] [Renumbered by S.O. 1096, dated 3rd march, 1976.][21B] [Inserted by S.O. 1604, dated 2nd May, 1968.]. Notwithstanding anything contained in sub-clause (1) of Clause 21-A, where any producer with a spinning plant or a group of such producers are not able to comply with the direction made by the Textile Commissioner under the said sub-clause (1), such producer or group of producers may, subject to such limitations as the Textile Commissioner may impose, pack such quantity of such other specification of cloth as may from time to time be specified by him in this behalf [* * **] [Omitted by S.O. 2694, dated 24th July, 1969.]