Section 1 in The Cotton Textiles (Control) Order, 1948
1.
(i)This Order may be called the Cotton Textiles (Control) Order, 1948.(ii)[] [Substituted by S.R.O. 805, dated 21st October, 1950.] It extends to the whole of India [* * * * *] [Omitted by S.O. 2588, dated 30th June, 1969.](iii)It shall come into force at once.[2. The Cotton Textiles (Control) Order, 1948 (Notification No. 80-Tex.1/48, dated the 19th February, 1948) and any order corresponding to that order in force in a Part B State are hereby repealed :Provided or anything done or deemed to have been done under the order so repealed shall be deemed to have been made, issued, accrued, incurred or done under the corresponding provisions of this Order.] [Substituted by S.R.O. 805, dated 21st October, 1950.][2A. All orders, notifications and directions issued or deemed to have been issued under this Order which, immediately before 21st October, 1950, were in force only in certain parts of India are hereby extended to and shall be in force in the whole of India except the State of Jammu and Kashmir.] [Inserted by S.R.O. 805, dated 21st October, 1950.][3.(a) "Cloth" means any fabric made either wholly from cotton or partly from cotton and partly from any other material, and includes dhoties, sarees, lungis, chaddars, bed-sheets, towels, handkerchiefs and other similar articles made from cloth specified by the Textile Commissioner from time to time, but does not include] [Substituted by S.R.O. 1484, dated 20th August, 1952.] -(i)made-up clothing;(ii)hosiery including hosiery knitted tubular fabric which was only a running thread through the entire fabric;(iii)leather cloth, inferior or limitation leather cloth ordinarily used in book-binding and book-binding cloth;(iv)tracing paper;(v)fabric manufactured partly from cotton and partly from wool and containing 40 per cent. or more of wool by weight;(vi)rubberized or synthetic water-proof fabrics whether single textured or double-textured;(vii)[ plush cloth in the manufacture of which cotton yarn in used;] [Inserted S.R.O. 194, dated 7th January, 1954.](viii)[ fabric manufactured partly from cotton and partly from jute and containing not more than 50 per cent. of cotton by weight] [Inserted by S.R.O. 3017, dated 4th December, 1956 and Substituted by S.O. 4138, dated 11th November, 1968.].(aa)[ "yarn" means any type of yarn manufactured either wholly from cotton or partly from any other material;] [Substituted by S.R.O. 1484, dated 20th August, 1952](aaa)(i)"controlled cloth" means any variety or class or specification of cloth for which the maximum prices for the principles on which and the manner in which the maximum prices are to be determined by a manufacturer have been specified by the Textile Commissioner under Clause 22; and(ii)"non-controlled cloth" means any cloth for which the maximum prices for the principles on which and the manner in which the maximum prices are to be determined by a manufacturer have not been specified by the Textile Commissioner under Clause 22;(b)"controller" means the principal officer appointed by a Provincial Government for the administration of the Textile Control and includes any other officer appointed by such Government to perform the functions of the Controller under this Order or under the rules, orders and notifications issued thereunder;(c)"dealer" means a person carrying on the business of selling cloth or yarn or both, whether wholesale or retail, and whether or not in conjunction with any other business and [shall include (i) a master-weaver of handloom cloth , and (ii) a person in possession of cloth or yarn acquired by him under an export licence;] [Substituted by S.R.O. 1484 dated 20th August, 1952.](d)"manufacture" includes a producer or processor, and the expression "manufacture" and its grammatical variants shall be construed accordingly;(e)the expression "offer to sell" shall be deemed to include a reference to an intimation by a person of the price proposed by him for the sale of an article, made by the publication of a price list by exposing the article for the sale in association with or bearing a mark indicating price, by the furnishing of a quotation or otherwise howsoever;(f)an article shall be deemed to be in the possession of a person when it is held on behalf of that person by another person or when held by that person on behalf of another person;(g)[] [Substituted by S.O. 1957, dated 24th June, 1966.] "processor" means a person other than a producer having both wet processing and mechanical equipments and engaged in any ancillary process subsequent to the production of cloth or yarn, such as, dyeing, bleaching, mercerising, embroidering, printing, raising, cloth embossing or finishing, by the use of power [as defined in Clause (g) of Section 2 of the Factories Act, 1948 (63 of 1948)],or by the use of steam generated by a boiler [as defined in Clause(b) of Section 2 of the Indian Boilers Act, 1923 (5 of 1923)] and the expression "process" and its grammatical variants shall be construed accordingly;(h)"producer" means a person engaged in the production of cloth or yarn or both by power as defined in Section 2 (f) of the Factories Act, 1948, and the expression "produce" and its grammatical variants shall be construed accordingly;(i)[ "powerloom" means a loom which is worked by power as defined in Clause (g) of Section 3 of the Factories Act, 1948 (63 of 1948); [Original sub-clause (i) and (j) omitted by S.R.O. 1633, dated 25th October, 1951, and new sub-clause (i) Inserted by S.R.O. 1077, dated 8th May, 1956.](j)* * * * *];(k)[ "textile Commissioner" means the Textile Commissioner appointed by the Central Government and includes and Additional Textile Commissioner, Joint Textile Commissioner, Industrial Adviser and ex-officio Joint Textile Commissioner or Deputy Textile Commissioner as may be appointed by the Central Government;] [Substituted by S.O. 2639, dated 18th August, 1966.]
