TEXTILES COMMITTEE ACT, 1963
(1) The Act may be called The Textiles Committee Act, 1963.
(2) It extends to the whole of India 1 [*****************].
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Words "except the State of Jammu and Kashmir" omitted by the Textiles Committee (Amdt) Act, 1973(51 of 1973), S.2(1-1-1975).
2. 22-8-1964 appointed as date of enforcement.
In this Act, unless there is anything repugnant in the subject or context,--
(a) "Chairman" means the Chairman of the Committee.
(b) "Committee" means the Committee established under section 3;
1[(ba) "fibre" means man-made fibre including regenerated cellulose rayon, nylon and the like.]
(c) "Fund" means the Textile Fund referred to in section 7;
1[(ca) "handloom industries" has the meaning assigned to it in the Khadi and Other Handloom Industries Development (Additional Excise, Duty on Cloth) Act, 1953;]
(d) "member" means a member of the Committee and includes the Chairman and the Vice-Chairman;
1[(da) "powerloom"
1[2A. Construction of references to any law not in force, or any functionary not in existence, in the State of Jammu and Kashmir
Any reference in this Act to any law which is not in force, or any functionary not in existence in the State of Jammu and Kashmir, shall in relation to that State, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence in that State.
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1. Inserted by the Textiles Committee (Amendment) Act, 1973 (51 of 1973), Section 4 (1-1-1975).
(1) The Central Government shall, by notification1 in the Official Gazette, establish with effect from such date as may, be specified in the notification, a Committee to be known as the Textiles Committee, which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue or be sued.
(2) The Head Office of the Committee shall be in Bombay.
(3) The Committee shall consist of--
(a) a Chairman to be appointed by the Central Government;
(b) a Vice-Chairman who shall be the Textile Commissioner, ex officio;
(c) a Joint Secretary to the Government of India to be appointed by the Central Government, ex offic
(1) Subject to the provisions of this Act, the functions of the Committee shall generally be to ensure by such measures, as it thinks fit, standard qualities of textiles both for internal marketing and export purposes and the manufacture and use of standard type of textile machinery.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Committee may--
(a) undertake, assist and encourage, scientific, technological and economic research in-textile industry and textile machinery,
(b) promote export of textiles and textile machinery and carry on propaganda for that purpose;
1[(c) establish or adopt or recognise standard specifications for--
(i) textiles, and
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The Committee may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act.
1[5A. Imposition of cess on textiles and textile machinery manufactured in India
(1) There shall be levied and collected as a cess for the purposes of this Act a duty of excise on all textiles and on all textile machinery manufactured in India at such rate, not exceeding one per cent, ad valorem as the Central Government may, by notification in the Official Gazette, fix :
Provided that no such cess shall be levied on textiles manufactured from out of handloom or powerloom industry.
(2) The duty of excise levied under sub-section (1) shall be in addition to any cess or duty leviable on textiles or textile machinery under any other law for the time being in force.
(3) The duty of excise levied under sub-section (1) shall be collected by the Committee,
1 [5B.Constitution of Tribunal
The Central Government may, by notification in theOfficial Gazette, constitute a Tribunal consisting of one person, who is or hasbeen, or is qualified for appointment as a Judge of a High Court and who is notconnected with the Committee to exercise the powers and discharge the functionsconferred or imposed on the Tribunal by or under this Act.
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1. Sections 5A to 5Finserted by the Textiles Committee (Amdt) Act, 1973 (51 of 1973), S. 6 (1-1-1975).
1 [5C.Hearing of appeals by Tribunal
(1) Anappeal under sub-section (7) of section 5A may be preferred to the Tribunalwithin one month from the date on which the notice of demand regarding theassessment is served on the manufacturer :
Providedthat the Tribunal may admit an appeal after the expiration of the periodaforesaid, if it is satisfied that the appellant had sufficient cause for notpreferring it within that period.
(2) Everyappeal referred to in sub-section (1) shall be in the prescribed form and shallbe verified in the prescribed manner and shall be accompanied with such fees asmay be prescribed.
(3) TheTribunal shall fix a day and place for the hearing qf the appeal and shall givenotice of the same to the appellant and to the Committee.
1 [5D.Recovery of duty of excise
If anymanufacturer fails to pay the duty of excise levied under section 5 A, withinthe period specified in sub-section (4) of that section, or where an appeal hasbeen preferred by him against an order of assessment under sub-section (7) ofsection 5A, within one month from the date of disposal of such appeal, the dutypayable by him shall be recoverable as an arrear of land revenue.
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1. Sections 5A to 5Finserted by the Textiles Committee (Amendment) Act, 1973 (51 of 1973), Section 6(1-1-1975).
1 [5E. Power to exempt
If the Central Government is of opinion that in the interests of trade or in the public interest it is necessary so to-do, it may, by notification in the Official Gazette, exempt such variety of textiles or such textiles machinery as may be specified in the notification from the whole or any part of the duty of excise leviable under section 5A.
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1. Sections 5A to 5F inserted by the Textiles Committee (Amendment) Act, 1973 (51 of 1973), Section 6 (1-1-1975).
1 [5F. Payment of proceeds of cess to the Committee
The proceeds of the duty of excise collected under section 5A, reduced by the cost of collection as determined by the Central Government, shall first be credited to the Consolidated Fund of India and the Central Government may, after due appropriate made by Parliament by law, pay to the Committee from out of such proceeds, such sums of money as it thinks fit for being utilised for the purposes of this Act.]
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1. Sections 5A to 5F inserted by the Textiles Committee (Amendment) Act, 1973 (51 of 1973), Section 6 (1-1-1975).
For the purpose of enabling the Committee to discharge its functions under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Committee in each financial year such sums of money as that Government considers necessary by way of grant, loan or otherwise.
(1) The Committee shall have a Fund to be called the Textiles Fund and there shall be credited thereto--
(a) all moneys transferred to it under clause (a) of sub-section (2) of section 24;
1[(aa) the proceeds of the duty of excise made over, to the committee by the Central Government under section 5F;]
(b) all moneys paid by the Central Government under section 6;
(c) all fees and other charges levied under this Act;
(d) all moneys received by the Committee by way of grant, gift, donation, contribution, transfer or otherwise.
(2) The moneys in the Fund shall be applied for--
(a) meeting the pay and allowances of the
(1) The Committee may constitute Standing Committees or ad hoc Committees for exercising any power or discharging any duty of the Committee or for inquiring into or reporting and advising on any matter which the Committee may refer to them.
1[(2) A Standing Committee or an ad hoc Committee constituted under sub-section (1) may include persons who are not members of the Committee, but their number shall not exceed one half of its strength.
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1. Substituted for sub-sections (2) and (3) by the Textiles Committee (Amdt) Act, 1973 (51 of 1973). Section 8 (1-1-1975).
(1) The Central Government shall, in consultation with the Committee, appoint a person to be the Secretary of the Committee.
(2) Subject to such rules as may be made by the Central Government in this behalf, the Committee may appoint such other officers and employees as it considers necessary for the efficient performance of its functions.
(3) The methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the Committee shall,--
(a) as respects the Secretary, be such as may be prescribed; and
(b) as respect the other officers and employees, be such as may be determined by regulations made by the Committee under this Act.
Subject to the provisions of this Act, every person employed by the Cotton Textiles Fund Committee constituted under section 5 of the Cotton Textiles Fund Ordinance, 1944, immediately before the date of establishment of the Committee shall on and from such date, become an employee of the Committee with such designation as the Committee may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held on such date if the Committee had not been established and shall continue to do so unless and until his employment in the committee is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Committee :
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the pr
(1) The Committee may, on application made to it or otherwise, direct an officer specially authorised in that behalf to examine the quality of textiles or the suitability of textile machinery for use at the time of manufacture or while in use in a textile mill and submit a report to the Committee,
(2) Subject to any rules made under this Act, such an officer shall have power to--
(a) inspect any operation carried on in connection with the manufacture of textiles or textile machinery in relation to which construction particulars, marks or inspection standards have been specified,
(b) the samples of any article or of any material or substance used in any article or process in relation to which construction particulars, marks or inspection standards have been specified;
(1) The Committee may levy such fees as may be prescribed--
(a) for inspection and examination of textiles.
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2[(b)] for any3[special] service which the Committee may render to the manufacturers4[or exporters] of textiles and textile machinery ;
2[Provided that no fees shall be levied in respect of inspection and examination of textiles on which a duty of excise is leviable under this Act;]
5[Provided further that] the Central Government may, by notification in the Official Gazette, exemptf from the payment of fees, generally or in any particular case.
(2) Any sum payable to the Committee under sub-section (1) may be recovered as an arrear of l
(1) The Committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet, in accordance with such general directions as may be issued, and in such form as may be prescribed, by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Committee shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Committee to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Committee shall have the same rights and privileges and authority in connection with such audit as the Comptroller an
The Committee may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in its order, be exercised or discharged also by any officer or employee of the Committee specified in this behalf in the order.
No act or proceeding of the Committee shall be invalidated merely by reason of--
(a) any vacancy, in, or any defect in the constitution of, the Committee; or
(b) any defect in the appointment of a person acting as a member of the Committee; or
(c) any irregularity in the procedure of the Committee not affecting the merits of the case
All officers and employees of the Committee shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
(1) Where the Committee has established, adopted or recognised standard specifications for textiles either for internal consumption or for the purposes of export or has established, adopted or recognised standard type of textile machinery and on the recommendation made to it in this behalf the Central Government is of opinion that any textiles or textile machinery which do not conform to the standards laid by the Committee in respect thereof, should not be exported or sold for internal consumption the Central Government may, by order published in the Official Gazette, prohibit such export or sale.
(2) If any person contravenes any order issued under sub-section (1) prohibiting--
(a) the export of any textiles or textile machinery, or
(b) the sale of any textiles or textile machinery for intern
(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of,
No prosecution for any offence punishable under this Act shall be instituted except by or with the consent of the Central Government.
No court inferior to that of a Presidency Magistrate or a Magistrate of the first class, shall try any offence punishable under this Act.
No suit, prosecution or other legal proceeding shall lie against the committee or any member, officer or employee of the Committee for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder.
(1) The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules provide for--
(a) the number of members and the composition of the Committee and the manner in which the members shall be chosen;
(b) the term of offence of and the manner of filling casual vacancies among the members of the Committee;
(c) the allowances, if any, payable to the members of the Committee;
(d) the disqualification for membership of the Committee;
1[(da) the manner in which the duty o
(1) The Committee may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulationsa, not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the meeting of the Committee, Standing Committees and ad hoc Committees, the quorum for such meetings and the conduct of business thereat;
(b) the allowances payable to the members of the Standing Committees or the ad hoc Committees;
(c) the methods of appointment, the conditions of service and the sca
(1) With effect from the date1on which the Committee is established under S. 3, the Cotton Textiles Fund Ordinance, 1944 shall stand repealed. (2) Notwithstanding the repeal of the said Ordinance,--
(a) all moneys at the credit of the Cotton Textiles Fund established under the repealed Ordinance immediately before the said date shall with effect from the said date stand transferred to and form part of the Textiles Fund referred to in section 7;
(b) any rules made or deemed to have been made or anything done or any action taken in exercise of any of the powers conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such rules were made, such thing was done or such action was taken.
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