The provisions and directions contained in the said Notification are statutory provisions and directions and therefore, it is mandatory on the part of the (wool) tops, yarn and cloth/fabric manufacturers, processors including hand processors, traders, wholesalers, Semi-wholesalers, cutting and packing houses, shops and establishment holders, retailers and stockists, etc. to comply with the provisions and the directions contained in the said notification, irrespective of whether they deal with indigenously manufactured tops, yarn, cloth or imported tops, yarn, cloth/fabric.

The office of the Textile Commissioner, Ministry of Textiles, Government of India and the office of the Textile Committee, a statutory body under the administrative control of the Ministry of Textiles, are jointly organising /conducting seminars, symposia, etc., in various parts of the country from time to time in order to make the general public, textile manufacturers, processors, traders, wholesalers, semi-wholesalers, cutting and packing houses, shops and establishment holders, retailers and stockists, etc, to be aware of and comply with/follow the provisions and directions of the said notification. During such seminars and symposia, etc., for the benefit of tops, yarn and cloth/fabric consumers and the general public, traders, etc. the ‘Dos’ and ‘DONOTs’ with respect to the said notification are also circulated amongst the participants, namely industrialists, traders, representatives of industrial and traders’ associations/federations, Textiles Consumers and general public etc. in order to ensure that the objectives of the Government of India in issuing the said notification are fulfilled. These aspects have also been published in the daily newspapers by the Press Reporters of the concerned newspaper in order to ensure wider publicity.

The Textile Commissioner has also issued a Public Notice No. TDRO/CLB/98/Misc./1, dated 22.7.98, clarifying therein that the provisions and directions contained in the said notification are also applicable in respect of the imported textiles, i.e. tops, yarn and fabric/cloth.

However, it has been noticed by the office of the Textile Commissioner that a number of manufacturers, processors (power- and hand- processors), traders, wholesalers, semi-wholesalers, cutting and packing houses, shops and establishment holders, retailers and stockists, etc. are still not following/complying fully with the provisions/directions contained in the said notification.

It is once again hereby directed to all concerned that the provisions and directions contained in the said notification, dated 7.3.88, should be complied with/followed by all concerned, irrespective of whether they manufacture or import or deal in indigenously manufactured tops, yarn and cloth/fabric or imported tops, yarn, cloth/fabric.

The violation of or non-compliance or partial compliance of the provisions and directions contained in the said notification shall amount to the violation/contravention/non-compliance of the relevant provisions and directions contained in the Essential Commodities Act, 1955, as the Textiles (Consumer Protection) Regulation, 1988, i.e. the said notification was issued by the Textile Commissioner, Government of India, in exercise of the powers conferred on him by clause-9 of the Textiles (Development & Regulation) Order, 1993, an Order issued Section 3 of the Essential Commodities Act, 1955. Therefore, tops, yarn and fabric/cloth which do not contain the statutory markings specified in the said notification and the tops, yarn and fabric/cloth which contain partial/incomplete markings, defective markings, misleading markings, fake markings, spurious markings, incorrect markings, illegible markings and counterfeit goods/markings (i.e. contravened goods/offended goods) shall be seized at once in terms of the provisions of Section 3 of the Essential Commodities Act, 1955 and reported to the District Collector for confiscation of contravened goods/offended goods in terms of the provisions of Section 6A of the Essential Commodities Act, 1955.

Further, the sub-section 2 (j) of Section 3 of the Essential Commodities Act, 1955, provides for any incidental and supplementary matters, including in particular, the entry into, search of or examination of premises, aircraft’s, vessels, vehicles or other conveyances and animals and the seizure by a person authorised to make such entry, search or examination.

 Of any articles in respect of which such person has reason to believe that a contravention of the Order has been, is being, or is about to be, committed and any packages, covering or receptacles in which such articles are found,

 

1. Of any aircraft, vessel, vehicle or other conveyance or animals used in carrying articles, if such person has reason to believe that such aircraft, vessels, vehicle or other conveyance or an animal is liable to be forfeited under provisions of this Act.

 

2. Of any books of accounts and documents which, in the opinion of such person, may be useful for or relevant o any proceeding under this Act, and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.

Accordingly, the animal, vehicle, vessel or other conveyance used in

carrying contravened/offended goods (tops, yarn, cloth/fabric) also shall be liable for seizure along with seizure of contravened/offended goods and reported to the District Collector for confiscation. In exercise of the powers conferred on the District Collector under Section 6A, the Collector may order for confiscation of;

 

1. the contravened/offended goods so seized:

 

2. any package, covering or receptacle in which such contravened/offended goods is found:

and

 

3. any animal, vechicle, vessel, or other conveyance used in carrying such contravened/offended goods.

Further, in terms of Sections 7 and 10 of the Essential Commodities Act, 1955, the person and the Company including its Directors, Mangers, Secretary or other officers of the Company are liable to be prosecuted for being guilty of above offence/contravention/violation.

Accordingly, as and when a prima-facie offence/contravention/violation of the said notification is detected by the office of the Textile Commissioner and/or its concerned Regional Office, the offended/contravened/violated goods (tops, yarn and cloth/fabric) and its carrier if any, so detected shall be seized under Panchnama. Any other undertakings, documents, information as deemed necessary for further action shall also be obtained and/or directed to the concerned to produce the same within the reasonable time, and reported to the District Collector for confiscation of the contravened/offended goods and its carrier. Thereafter, a First Information Report under Section 154 of the Criminal Procedure Code (Cr.P.C.), 1973 read with Section 11 of the Essential Commodities Act, 1955 shall be filed before the appropriate Police Authority for prosecution of the offenders (mentioned herein above) or a direct prosecution against the offenders (mentioned herein above) shall be launched before the appropriate Court of Law, after giving an opportunity to the party of being heard.

 The hearing of such party/parties shall be before the committee of officers called Textile Consumer Protection Committee constituted by the Textile Commissioner.

In order to monitor the compliance of the provisions and directions contained in the said notification by all concerned, the officials of the office of the Textile Commissioner and its Regional Offices are also drawing samples of tops, yarn, cloth/fabric at random, for testing the correctness of quality parameters and technical parameters declared on tops, yarn, cloth/fabric. If the test results are within the tolerance limit, the representative sample (s) sealed and kept under the safe custody of the unit, shop keeper, stockist, wholesaler, semi-wholesaler, retailer, etc. as the case may be, shall be released. If any variation between declared and test results of a quality parameters, technical parameters, etc. beyond the tolerance limit is noticed/detected, necessary action for prosecution of the offenders shall be initiated as per the legal provisions already mentioned in the foregoing paragraphs, after observing the following guidelines/instructions.

Where no prima-facie offence/violation/contravention is detected, only the sample (s) of tops, yarn, cloth, as the case may be, shall be drawn under panchnama and undertaking for the details of Nos. of sample (s) drawn, the total quantity and its approximate but reasonable market price/value of tops, yarn, cloth/fabric available in each lot, package, bale, roll, taka, bundle, etc. from which the representative sample(s) is/are drawn, on the day of inspection/visit (1^st inspection) shall be obtained from the concerned person, unit, shop keeper, stockist, wholesaler, semi-wholesaler, retailer, etc., as the case may be. Any other undertakings. Documents, information as deemed necessary for further course of action, shall also be obtained and/or directed to the concerned to produce the same within the reasonable time (say10 days from the date of receipt of notice for production/furnishing of required information, document, etc.). Thereafter, sample(s) drawn shall be sent to the designated laboratory (for which instructions have already been issued to the Regional Offices of the Textile Commissioner) for testing at an early date. On receipt of the test results if any variation beyond tolerance limit between declared and test results of quality parameters and technical parameter is detected. noticed, the said contravened /violated/offended case shall be referred to the Textile Consumer Protection (T.C.P.) Committee for its advice for filing of FIR/Prosecution, etc. and also the unit, shop/godown/sales premises, etc. from where the above said sample(s) was/were drawn during the 1^st inspection shall be re-inspected/re-visited for 2^nd inspection) within a reasonable time form the date of receipt of test result/report for seizure of balance/unsold quantity of contravened /offended tops, yarn, cloth/fabric, if any available from the lot, package, bale, roll, taka, bundle, as the case may be, from which the sample(s) was/were drawn initially during the 1^st inspection for testing and where upon the contravention/violation/offence was detected. In most of such cases (during 2^nd visit), the contravened/offended tops, yarn, cloth/fabric, either may not be available for seizure or only a partial quantity of offended/contravened tops, yarn, cloth/fabric may be available for seizure, as by the time of the said 2^nd inspection, the said contravened/offended tops, yarn, cloth/fabric might have been sold completely or partially to the consumer/general public/common masses. However, the re-inspection team (i.e.) team of 2^nd inspection) shall drawn up the spot report, seizure report, alongwith panchnama and undertakings etc. as detailed above, and report in this regard shall be sent to the District Collector for confiscation of the contravened/offended tops, yarn, cloth/fabric, if any seized, during the said 2^nd visit/2^nd inspection. The report sent to the District Collector shall contain the details of stock and value of tops, yarn, cloth/fabric that was available during the 1^st inspection and the 2^nd inspection with a prayer to the District Collector to pass his orders keeping in view the concept of disgorgement of unjust enrichment. Further, while filing FIR, or launching direct prosecution etc. based on the recommendation of T.C.P. Committee, the details of stock and value of tops, yarn, cloth/fabric that was available during the 1^st inspection and 2^nd inspection shall be mentioned, with a prayer to impose penalty against the quantity of offended/contravened tops, yarn, cloth/fabric sold to the consumer/general public/common masses keeping in view the concept of disgorgement of unjust enrichment, besides the prosecution of the offenders under the law.

  All the concerned (namely mills, units, shop, shopkeepers, stockist, wholesalers, semi-wholesalers, retailers, importers, etc.) should produce/furnish the required material, tops, yarn, cloth/fabric, documents, information, etc. before the inspecting officials of the O/o the Textile Commissioner and/or its Regional Offices for inspection and also they should furnish the required undertakings, etc. before the said inspecting officials.

The Director (Enforcement) in the headquarters office of the Textile Commissioner, who is also the Member Secretary of the T.C.P. Committee, will ensure the compliance of the above instructions, by all concerned.

For the benefit of all consumers of tops, yarn and cloth/fabric including general public, the markings to be made on tops, yarn and cloth/fabric as prescribed under the said notification, are mentioned below:-

 

1. MARKINGS TO BE MADE ON TOPS:-

On paper label securely pasted on the outside of each package containing tops, the

following markings shall be made: -

 

1. Name and address of the manufacturer.

 

2. The net weight in Kg.

 

3. Mean fibre length (in mm) Micron in case of wool tops.

 

4. In case of blended tops, the words "Blended Tops" followed by exact percentage including standard moisture regain of each of the different types of fibre present in the tops packed, as illustrated below:

Wool - 45%

Polyester - 40%

Viscose - 15%

The following markings shall be made on spun yarn by the manufacturers, on paper

label securely pasted or attached on the bundle/package of yarn meant for sale in India:-

 

1. Name and address of the manufacturer.

 

2. When spun from one fibre, the words "Cotton Yarn", "Polyester Spun Yarn", "Viscose Spun Yarn", etc. and in case of woollen yarn, "Woollen Worsted Yarn", "Woollen Semi-Worsted Yarn", "Woollen Shoddy Yarn", "Woollen Hand Knitting Yarn", etc. as the case may be.

 

3. When two or more fibres have been used in the manufacturer of the yarn, the words "Blended Spun Yarn", followed by the generic name of each fibre and its exact percentage in the yarn, as illustrated below;

"Blended Spun Yarn"

Cotton - 60%

Polyester - 40%

Or

Polyester - 40%

Cotton - 38%

Viscose - 22%

Or

Wool - 45%

Polyester - 40%

Viscose - 15%

Provided that when the percentage of any fibre is less than 2% of the total fibre content in the yarn, the percentage of such fibre need not be stamped.

 

4. Count of yarn along with fold and plies wherever applicable.

 

5. C.S.P. value in case of cotton yarn and man-made fibre spun yarn.

 

6. Net weight in Kg.

 

7. Month and year of packing.

NOTE:-

 

1. In case the yarn is spun from cotton or man-made fibre, count of yarn shall be indicated in English Count, and in case of Woollen yarn its counts shall be indicated in metric (N.m.) counts.

 

2. In case of yarn on cones, the label containing the prescribed markings as above may be pasted inside the cone, and in case of yarn on beam, the label containing the markings may be securely fastened to the beam. In case of shoddy woollen yarn on cone, such label can also be pasted outside the cone.

 

3. MARKINGS TO BE MADE ON MAN-MADE CONTINUOUS (FILAMENT) YARN:-

The following markings shall be made on man-made continuous

(filament) yarn by the manufacturer on paper label securely pasted or

attached on the bundle/package of yarn meant for sale in India:-