The Textiles Committee Act, 1963
Administered Ministry: Ministry of Textiles
Section
Section 14 Delegation of powers and duties.
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.
Section 15 Acts or proceedings of Committee not to be invalidated.
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.
(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.
Section 16 Officers and employees of the Committee to be public servants.
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 (45 of 1860).
Section 17 Power to prohibit exports and internal marketing of textiles and textile machinery.
(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 internal consumption,
he shall, on conviction, be punishable,--
(i) for the first offence with imprisonment for a term which may extend to one year or with fine or with both;
(ii) for the second or a subsequent offence with imprisonment for a term which may extend to one year and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than three months.
(3) Any court trying the contravention of an order prohibiting the marketing of textiles or textile machinery under sub-section (1) may, without prejudice to the provisions of clause (b) of sub-section (2), direct that the textiles or textile machinery in respect of which the court is satisfied that such contravention has been committed, shall be forfeited to the Central Government.
(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 internal consumption,
he shall, on conviction, be punishable,--
(i) for the first offence with imprisonment for a term which may extend to one year or with fine or with both;
(ii) for the second or a subsequent offence with imprisonment for a term which may extend to one year and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than three months.
(3) Any court trying the contravention of an order prohibiting the marketing of textiles or textile machinery under sub-section (1) may, without prejudice to the provisions of clause (b) of sub-section (2), direct that the textiles or textile machinery in respect of which the court is satisfied that such contravention has been committed, shall be forfeited to the Central Government.
Section 18 Offences by companies.
(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, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
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, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 19 Procedure for prosecution.
No prosecution for any offence punishable under this Act shall be instituted except by or with the consent of the Central Government.
Section 20 Jurisdiction of courts.
No court inferior to that of a Presidency Magistrate or a Magistrate of the first class, shall try any offence punishable under this Act.
Section 21 Protection of action taken under the 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.
Section 22 Power to make rules. 2 docs
(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 of excise leviable under section 5A may be assessed, paid or collected, and the manner in which any refund of such duty paid or collected in excess of the amount due may be made;
(db) the conditions of service of the person constituting the Tribunal under section 5B;
(dc) the form and the manner in which an appeal to the Tribunal constituted under section 5B may be preferred and verified the fees payable on such appeals and the procedure to be followed by the Tribunal in disposing of such appeals;]
(e) the scale of fees that may be levied 2*** under section 12;
(f) the form in which the Committee shall prepare its annual statement of accounts and balance-sheet;
(g) the method of appointment, the conditions of service and the scale of pay of the Secretary of the Committee;
(h) the collection of any information or statistics in respect of textile industry and trade and the manufacture of textile machinery;
(i) the mode of inspection by the Committee and the manner in which samples may be taken by it;
1[(j) any other matter which has to be, or may be, prescribed.]
3[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
(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 of excise leviable under section 5A may be assessed, paid or collected, and the manner in which any refund of such duty paid or collected in excess of the amount due may be made;
(db) the conditions of service of the person constituting the Tribunal under section 5B;
(dc) the form and the manner in which an appeal to the Tribunal constituted under section 5B may be preferred and verified the fees payable on such appeals and the procedure to be followed by the Tribunal in disposing of such appeals;]
(e) the scale of fees that may be levied 2*** under section 12;
(f) the form in which the Committee shall prepare its annual statement of accounts and balance-sheet;
(g) the method of appointment, the conditions of service and the scale of pay of the Secretary of the Committee;
(h) the collection of any information or statistics in respect of textile industry and trade and the manufacture of textile machinery;
(i) the mode of inspection by the Committee and the manner in which samples may be taken by it;
1[(j) any other matter which has to be, or may be, prescribed.]
3[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 51 of 1973, s. 10 (w.e.f. 1-1-1975).
2. The words "for inspection and examination" omitted by s. 10, ibid. (w.e.f. 1-1-1975).
3. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-1-1975).
2. The words "for inspection and examination" omitted by s. 10, ibid. (w.e.f. 1-1-1975).
3. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-1-1975).
Section 23 Power to make regulations. 6 docs
(1) The Committee may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations 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 scales of pay of the officers (other than the Secretary) and other employees of the Committee;
(d) the duties and conduct of officers and other employees of the Committee; and
(e) any other matter in respect of which the Committee is empowered or required to make regulations under this Act.
(3) The Central Government may, by notification in the Official Gazette, amend, vary or rescind any regulation which it has sanctioned; and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Committee under sub-section (1).
(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 scales of pay of the officers (other than the Secretary) and other employees of the Committee;
(d) the duties and conduct of officers and other employees of the Committee; and
(e) any other matter in respect of which the Committee is empowered or required to make regulations under this Act.
(3) The Central Government may, by notification in the Official Gazette, amend, vary or rescind any regulation which it has sanctioned; and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the Committee under sub-section (1).
Section 24 Repeal and Saving.
(1) With effect from the date on which the Committee is established under section 3, the Cotton Textiles Fund Ordinance, 1944 (34 of 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.
(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.