Section 75 in The Trade And Merchandise Marks Act, 1958
75. Determination of character of textile goods by sampling.
(1)For the purposes of this Act, the Central Government may make rules,-(a)to provide, with respect to any goods which purport or are alleged to be of uniform number, quantity measure, gauge or weight, for the number of samples to be selected and tested and for the selection of the samples;(b)to provide for the manner in which for the purposes of section 74 cotton yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dyeing or finishing of cotton yarn or cotton thread from the provisions of that section; and(c)declaring what classics of goods are included in the expression "piece goods such as are ordinarily sold by length or by the piece" for the purpose of section 74 of is Act or section 18 of the Sea Customs act, 1878 (8 of 1878).(2)With respect to any goods for the selection and testing of samples of which provisions is not made in any rules for the time being in force under sub-scion (1), the court or officer of customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight f the goods, shall, by order in writing, detriment the number of samples to be selected and tested and the manner in which the samples are to be selected.(3)The average of the results of the testing in pursuance of rules under sub-section (1) or of an order under sub-section (2) shall be Prima facie evidence of the number, quantity, measure, gauge or weight, as the case may be, of the hoods.(4)If a person having any claim to, or in relation to, any goods of which samples have been and tested in pursuance of rules under sub-section (1) or of an order under sub-section (2), desires that any further samples of the goods be selected and tested, such further samples shall, on his written application and on the payment in advance by him to the court or offer of customs, as the case may be, of such sums for defraying the cost of the further selection and testing as the court r officer may from time to time require, be selected and tested top such extent as may be permitted by rules made by the Central Government in this behalf or as, in the case of goods with respect to which provision is not made in such rules, the court or officer of customs may determine in the circumstances to be reasonable, the samples being selected in the manner prescribed under sub-section (1), or in sub-section (2), as the case may be.(5)The average of the resulted of the testing referring to in sub-section (3) and of the further testing under sub-section (4) shall be conclusive proof of the number, quantity, measure, gauge or weight, as the case may be, of the goods.
