Section 12 in The Cotton Textiles (Control) Order, 1948
12.
[* * * *] [Sub-clauses (1), (2) and (2A) Omitted by G.S.R. 1738, dated 11th July, 1969.](3)[ Every producer not being a producer having a spinning plant shall within hundred days from the commencement of the Cotton Textiles (Control) Amendment Order, 1973, apply to the Textile Commissioner in Form A appended to this Order for the grant of a registration certificate in respect of each powerloom in his possession :Provided that nothing in this clause shall apply to any powerloom with respect to which a registration certificate has been granted under this Order as in force immediately before the 22nd June, 1961.(4)On receipt of the application for registration certificate under sub-clause (3) the Textile Commissioner shall, after making such inquiry as he may consider necessary, register the powerloom and issue to the applicant a registration certificate in Form B appended to this Order.(5)Where a producer applies for a registration certificate after the date specified in. sub-clause (3), the Textile Commissioner, if he is satisfied that the producer had sufficient cause for not applying in time may after making such inquiry as he may consider necessary, on payment of a fee of ten rupees per loom, register the powerloom and issue to the applicant a registration certificate in accordance with sub-clause (4).Note. - The fee of ten rupees per loom referred to in this sub-clause is payable in any Government Treasury under the Head : "T. Remittances - Exchange Account between Deputy Director Audit (F.R.S.C.S.M.) Bombay and A.G. (of the State concerned) XXIX Industries.-Misc. Receipts of the Textile Commissioner, Government of India Bombay, - Adjustable in the books of D.A.G.C.W.M., Bombay." The receipted challan shall be attached to the application for registration.](6)No person shall acquire or install any powerloom except with the permission in writing of the Textile Commissioner.[Provided that while granting such permission the Textile Commissioner may charge fee at the rate of 5. Substituted by S.O. 1258, dated 18th March, 1986[Rs. 250/- (Rupees two hundred and fifty only) per powerloom;Provided further that no such fee shall be charged in the case of a change in the location of a powerloom already installed.] [Inserted by S.O. 1217 the dated 12th April, 1966.](6A)[ The Textile Commissioner, while issuing permission under sub-clause (6) shall specify the reed-space of the looms to be acquired and installed.] [Inserted by G.S.R.796, dated 20th August, 1958.](6B)[* * * *] [Omitted by G.S.R. 1738, dated 11th July, 1969.](7)In granting or refusing permission under sub-clause [(6)] [Substituted by G.S.R. 796 dated 20th August, 1958.] [* * * *] [Omitted by G.S.R. 1738, dated 11th July, 1969.] the Textile Commissioner shall have regard to the following matters, namely:(a)the number of powerloom already installed or working in the local area;(b)whether the powerlooms proposed to be acquired or installed are to be utilised for weaving cloth;(c)the availability of yarn;(d)the demand for cloth;(e)the necessity for training persons or rehabilitating persons in the weaving industry.(7A)[ The Textile Commissioner may with a view to securing compliance with sub-clause (6) take action to seal off any powerloom which is acquired or installed in contravention of the provision of sub-clause (6).(7AA)Any powerloom sealed off under sub-clause (7A) shall not be unsealed except with the previous permission, in writing, of the Textile Commissioner.] [Substituted by G.S.R. 1938, dated 11th July, 1969.](8)No person shall acquire or install any spindle to be worked by power as defined in Clause (g) of Section 2 of the Factories Act, 1948, except with the permission, in writing, of the Textile Commissioner.[Provided that each application to the Textile Commissioner for granting such permission shall be accompanied by a bank demand draft payable to Bombay in favour of Pay and Accounts Officer (Textiles) for Rs. 400 (Rupees four hundred only). The application fee shall be non-refundable and no such fee shall be charged in the case of a permission for spindles to be used for purposes of research and development and sampling:Provided further that nothing in this sub-clause shall apply to the acquisition or installation or any spindles in pursuance of a licence issued under provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951).] [Inserted by S.O. 2171, dated 31st July, 1981 (w.e.f. 15th August, 1981).][Provided] [Added by S.O. 4318, dated 15th December, 1964.] [further] [Inserted by S.O. 2171, dated 31st July, 1981 (w.e.f. 15th August, 1981).] that nothing in this sub-clause shall apply to a person desiring to acquire and install spindles for the purpose of spinning yarn solely from cotton waste of counts 10s and below.(9)In granting or refusing permission under sub-clause (8), the Textile Commissioner shall have regard to the following matters, namely:(a)the requirements of yarn in India;(b)the size of the undertaking;(c)the nature of the preparatory and other machines already installed in the undertaking;(d)the necessity for training persons or rehabilitating persons in the spinning industry.(10)Any person having in his possession any spindle which he is not entitled to work or cause or permit to be worked in accordance with sub-clause (8) shall forthwith report the fact to the Textile Commissioner and shall take such action as to its sealing or storage as the Textile Commissioner may direct.
