Stamping of Piece-Goods and Testing of Yarn Rules, 1949.

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STAMPING OF PIECE-GOODS AND TESTING OF YARN RULES, 1949 [Ministry of Commerce and Industry Notification No. 313 (I) Tr. (MM)/46, dated 4th June, 1949.] In exercise of the powers conferred by sub-section (2) of section 19-A of the Sea Customs Act, 1878 (8 of 1878), and section 19 and sub-section (1) of section 20 of the Indian Merchandise Marks Act, 1889 (4 of 1889), and in supersession of the rules and orders published with the notification of the Government of India in the late Department of Finance and Commerce No. 1430, dated the 6th April, 1891, the Central Government is pleased to make the following rules the same having been previously published as required under sub- section (6) of section 20 of the last named Act, namely:— (1) These rules may be called the Stamping of Piece-goods and Testing of Yarn Rules, 1949. (2) They shall come into force on the 1st day of November, 1949. Stamping of Piece-goods 2. Piece-goods such as are ordinarily sold by length or by the piece, shall be deemed to include cotton piece-goods, woollen piece- goods, silk piece-goods, art-silk piece-goods and other piece-goods of mixed fabrics, except the description noted below :— Alhambras, except alhambras quiltings. Blankets. Blind Cloth in cut-pieces. Book Binding cloth in cut-pieces. Buckrams in cut-pieces. Carpets (in rolls). Counterpanes. Dusters in woven pieces. Embroidered Flounces. Embroidered all-overs and Embroidered Sarees of all sorts. Glass cloth in woven pieces. Handkerchiefs in woven pieces. Lace curtain cloth. Pillow calico (Tubular). Prayer Mats. Press cloth in cut-pieces. Quilts. Rugs. Sarongs up to 21/2 yards in length. Shawls (finished) with ends hemmed or fringed, imported singly or in pieces, containing two or more shawls. Sponge cloth (for swabs). Teddy Bear or imitation Seal Skin Cloth. Towels in woven pieces. Woollen knitted cloth. Filter Cloth. Woollen cleaner cloth. Woollen roller cloth. Woollen sizing flannel. Decasting wrappers : Provided that the [Commissioner of Customs] shall not detain any unstamped piece-goods if he is satisfied that, although they are not named in the preceding list, they are of such a nature that they would be liable to serious depreciation in value if stamped. NOTE 1. — Whenever a [Commissioner] exercises his discretion under this proviso he should forthwith report the cases, sending a sample of the goods, to the Government of India through the Central Board of Revenue, so that the question of issuing general orders in favour of such goods may be considered. NOTE 2. — The mention of any items in the list of exemptions has no bearing upon the question whether that item if consisting of cotton is assessable under the Tariff head “Cotton piece- goods”. NOTE 3. — Unstamped cotton and woollen piece-goods imported for the personal use of individuals or private Association of individuals and not for trade purpose shall not be detained. NOTE 4. — Examination of packages to ascertain whether the goods mentioned in rule 3 are stamped shall be made at the Customs frequent [Commissioner] either under his personal instructions or under general orders or instructions given by him to an [Assistant Commissioner or Deputy Commissioner of Customs]. the discretion of intervals at NOTE 5. — The piece-goods contained in the packages examined need not be examined when found to be stamped, to test the accuracy of the stamping, except on information received or when the Customs [Commissioner] has reason to suspect that the stamping is false. NOTE 6. — All measurements of piece-goods shall be made on the table. Testing of Yarns NOTE 7. — Yarns need not be examined or measured except on information received or when the [Commissioner] has reason to suspect that the trade description is false. NOTE 8. — An examination of yarns to test the accuracy of the description of count or length shall be made, in the first instance up to the limit of one bundle in every one hundred bales or fractions of one hundred bales in the consignments. NOTE 9. — If on such examination the difference between the average count or length and the described count or length is in excess of the variation permitted in paragraphs III and IV of the notification of the Government of India in the late Home Department, No. 1474-(Judicial), dated the 13th November, 1891, the importer may require a further examination stated in rule II. NOTE 10. — The test to determine length of yarns shall be applied as follows:— From every one hundred bales, or fraction of 100 bales, in a consignment one bundle should be selected at random. The hanks in this bundle should then be measured on the wrap wheel one after the other in the presence of the representative of the importer, and the length noted, the process being continued (within the limit of the bundle) until either the importer is satisfied that the yarn is short, or the average of the lengths noted shows that it is of full length. When the importer is dissatisfied with this test he may, on payment of the costs, require the Customs [Commissioner] to measure more hanks up to 1 per cent of the total consignment, such hank being taken at random by an in the officer of the Customs out of any bundle consignments. NOTE 11. — The Customs [Commissioner] may require from any informant a security not exceeding five hundred rupees. If the Collector is satisfied that the information given is wilfully false, the security shall be forfeited. ________

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