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Union of India - Section

Section 23 in The Cotton Textiles (Control) Order, 1948

23.

(1)Where the marking to be made and the time and manner for marking it in respect of any class or specification of cloth or yarn have been specified under Clause 22 -
(a)the manufacturer of, or, as the case may be, the dealer in such cloth or yarn shall cause the marking to be made thereon at the time and in the manner specified;
(b)no person other than such manufacturer or dealer shall cause the marking to be made on any such cloth or yarn;
(c)no person other than the manufacturer shall have in his possession or under his control any cloth or yarn which is not so marked, unless it be for the bonafide personal requirements;
(d)no person shall alter or deface or cause or permit to be altered or defaced any marking made on any such cloth or yarn held by him otherwise than for his bonafide personal requirements;
(e)no person shall make on any cloth or yarn any marking resembling the prescribed marking;
(f)no person shall have in his possession or under his control otherwise than for his bonafide personal requirements any cloth or yarn the marking whereon is altered or defaced or is of a character specified in paragraph (e).
(2)[] [Inserted by S.R.O. 1679 of 1952.] No manufacturer shall sell or deliver -
(i)any cloth or yarn, other than such classes or specifications thereof as are specified in this behalf by the Textile Commissioner, of which the maximum ex-factory price has been specified [or determined] [Inserted by S.O. 3667, dated 19th October, 1964.] under Clause 22;
(ii)any "controlled cloth" unless he has previously sent to the Textile Commissioner, a full width sample of such cloth measuring 45 cms. in length, with all the markings specified by the Textile Commissioner under Clause 22 duly stamped on the face-plaint together with true and accurate information in such forms and in such manner as may be specified by the Textile Commissioner, in this behalf, about the manufacturing particulars thereof and where the maximum ex-factory price has been specified under paragraph (a) of sub-clause (1) of Clause 22 or where the principles on which and the manner in which such maximum prices may be determined have been specified under paragraph (aa) of that sub-clause, about the manner in which the same has been calculated;
(iii)any "non-controlled cloth" unless he has previously sent to the Textile Commissioner a sample of such cloth of dimension of 15 cms. by 15 cms. together with true and accurate information in such forms and in such manner as may be specified by the Textile Commissioner in this behalf about the manufacturing particulars thereof.
Explanation. - Nothing in this sub-clause applies to cloth produced by a producer who has no spinning plant or to cloth sold for export under a valid export licence or to handloom cloth.
(3)No person shall in the manufacture of cloth use sewing thread or sewing thread yarn.[23A. No manufacturer or dealer shall mark on any cloth, the maximum ex-factory price of which has been specified or determined under Clause 22, any marking suggestive of a process not actually carried out on such cloth.] [Inserted by S.O. 1878, dated 10th June, 1966.]