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State of Uttar Pradesh - Section

Section 2 in The U.P. Controlled Cotton Cloth and Yarn Dealers' Licensing Order, 1957

2.

In this Order, unless there is anything repugnant in the subject or context,-
(a)[ "Bank" means,- [Inserted by Notification No. 7991/XVIII-10-740 (S)-76, dated 21.11.1978, published in U.P. Gazette, dated 17.2.1979.]
(i)a banking company as defined in the Banking Regulation Act, 1949;
(i)ready made clothing other than Dhoties and Saries,
(ii)hosiery,
(iii)leather cloth and inferior or imitation leather cloth used for book-binding,
(iv)tracing paper,
(v)clothing manufactured partly from cotton and partly from wool and containing 40 per cent or less of cotton by weight,
(vi)strips of cotton cloth seventy-two inches or less in length and nine inches or less in width at any point,
(vii)pieces of cotton cloth measuring forty-three inches or less along any side and six and a quarter square feet or less in area,
(viii)handloom cloth,
(xi)cloth woven by a manufacturer not manufacturing any yarn,
(x)durries and kalins,
(xi)canvas, hospital lint, gauze and bandage cloth,
(xii)mosquito netting, towels, handkerchiefs, tapestries and furnishings,
(xiii)sugar filter cloth, dusters, and counterpanes,
(xiv)imported cotton cloth,
(xv)powerloom processed cloth,
(xvi)cloth purchased by the Government directly from a manufacturer,
(xvii)cloth manufactured with a view to export thereof out of India;
(ii)the State Bank of India constituted under the State Bank of India Act, 1955;
(iii)a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v)any banking institution notified by the Central Government under Section 51 of the Banking Regulation Act, 1949;
(vi)the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963;
(vii)the U.P. State Agro-Industrial Corporation Limited, a company incorporated under the Companies Act, 1956;
(viii)the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1954;
(ix)a financial Bank or Central Bank (as defined in the Uttar Pradesh Co-operative Societies Act, 1965) not being a land development bank;
(x)any other financial institution notified by the State Government in the Gazette, as a bank for the purposes of this order.]
(aa)[] [Renumbered by Notification No. 7991/XVIII-10-740 (S)-76, dated 21.11.1978, published in U.P. Gazette, dated 17.2.1979.] "controlled cotton cloth" means any type of cloth manufactured either wholly from cotton or partly from cotton and partly from any other material and containing not less than 13 per cent of cotton, but does not include,-
(b)"cotton yarn" means any type of yam manufactured either wholly either from cotton or partly from cotton and partly from any other material and containing not less than 10 per cent of cotton by weight, but does not include-
(i)ropes, tapes and binding,
(ii)sewing thread,
(iii)cotton waste,
(iv)handspun yarn,
(v)yarn purchased by Government directly from a manufacturer,
(vi)yarn manufactured with a view to export out of India;
(c)"dealer" means a person carrying on whether as principal or agent and whether separately or in conjunction with some other business, the controlled cotton cloth or cotton yarn; [and includes a hawker i.e., a dealer who goes about from place to place or from house to house with controlled cloth either on his person or on a vehicle which he offers or exposes for sale] [Added by Notification No. 3153-BS/XVIII-B-96-T-58, dated November 15, 1958, published in the U.P. Gazette, Part I-A, dated November 15, 1958 and again Substituted by Notification No.799/XVIII-10-740 (S)-76, dated 21.11 1978.].
(d)"District Magistrate" means the District Magistrate of the district;
(e)"Form" means a form appended to the order;
(f)[* * *] [Clause (f) deleted by Notification No. 3153-BS/XVIII-B-96-T-58, dated 15.11.1958.]
(g)"Licence" means a licence granted under the provisions of this order;
(h)"Licensing Authority" means the appropriate Licensing Authority designated in clause 6;
(i)"Manufacturer" means a person engaged in the production of controlled cotton cloth or yarn or in any process ancillary to such production, e.g., dyeing, bleaching, embroidering, printing and finishing, and "manufacture" shall be construed accordingly;
(j)"Textile Controller" means the Provincial Textile Controller appointed by the State Government and includes a Deputy or an Assistant Textile Controller;
(k)"Producer" means a person engaged in the production of cloth or yarn or both by power as defined in Section 2(g) of the Factories Act, 1948, and the expression "produce" and its grammatical variants shall be construed accordingly.