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PART VI

PROVISIONS RELATING TO TESTING AND MARKING OF PIECE-GOODS AND YARN

  1. Definitions. - For the purposes of this Part, unless the context otherwise requires-

    a. "count" in relation to yarn means the relation of length to weight thereof either in the English system or the Metric system, as follows:-

    • The English count for yarn shall be the number of hanks each of 840 yards in length that weight one pound avoirdupois or in other words the number of yards of yarn that weight 8.3 grains.
    • The metric count for all yarn with the exception of raw and prepared silk shall represent the relation between 1000 meters of yarn to 500 grammes or 2 metres to 1 grammes or in other words half the number of hanks (each of 1,000 metres length) that weigh 500 grammes.
      The English system of counts may be converted into the metric system of counts and vice versa by the following formulae:-
      The English count No. of yarn X0.847 the metric count. The metric count No. of yarn X1.181-the English count.
    • The metric count for raw and prepared silk shall be the weight in grams of 10,000 metres of yarn.

    b. "Customs collector" shall have the meaning assigned to the term in the Customs Act, 1962 (52 of 1962).


  2. Testing for length and width of piece-goods. -

    (1) In testing for length of piece-goods such as are ordinarily sold by the length or by the piece the measurement shall be made along the selvage.
    (2) In testing piece-goods aforesaid for width the cloth shall be measured by each of the following methods and the mean of the measurements so taken shall be adopted. Care shall be exercised in applying each method to select a portion of the cloth where the creases are fewest, and the warp and weft respectively as straight as possible:

    • A double-fold of the cloth shall be laid on the table and the creases smoothed out, so that it may lie perfectly flat. The measuring rod shall then be placed across the cloth, and the finger and thumb run down the rod on each side of it across the cloth so as to once more flatten the creases. Care shall be taken in doing this to see that whilst the creases are smoothed out, stretching is avoided and the warp threads remain perpendicular to the rod. The measurement shall then be recorded.
    • A fold of the cloth shall be taken, and the doubled edge held between a finger and thumb at each end, and extended over the measuring rod which shall be kept flat on the table. The extension shall be sufficient to remove the creases but not to stretch the warp out of the perpendicular.


  3. Allowances for peculiarities of cloth and for stretching. -

    (1) In taking the measurements aforesaid the peculiarities of the cloth under measure shall be taken into consideration and due allowances be made for these characteristics.
    (2) If owing to the peculiarities of the cloth it is found difficult to determine a reasonable degree of tension for purposes of measurement, the mean between stretching to the full and not stretching, shall be adopted.
    (3) The influence of stretching for length on the width shall always be taken into account in measuring cloth. Where the cloth has been stretched lengthwise in the making, it will lose in length as the weft is straightened to measure the width. It may then have to be ascertained, whether the trade description of length does not become false in the process of making that for width correct. To ascertain this a measurement along the selvages both lengthwise and across shall be made.


  4. Testing of yarns. - Yarns may be tested by the customs- collector for length and count when he has reason to suspect or on information by any informant that the trade description is false.

  5. Number of samples to be selected. - A testing 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 a consignment.

  6. Further testing. - If, on such testing the difference between the average count or length and the described count or length is in excess of the variation permitted in the notification issued by the Central Government under section 121 of the Act, the importer or any other person having any claim to or in relation to, goods in question or otherwise interested may apply for a further testing.

  7. Manner of selection and testing of Samples. - The test to determine length of yarns shall be as follows:-
    • From every one hundred bales, or fraction of 100 bales, in a consignment one bundle, shall be selected at random. The hanks in this bundle shall then be measured on the warp wheel one after the other, in the presence of the importer or any other person interested as is referred to in the last foregoing rule, or his representative and the length noted, the process being continued (within the limits of the bundle) until either the importer or other person, as the case may be, is satisfied that the yarn is short, or the average of the lengths noted shows that it is of full length.
    • When the importer or other person is dissatisfied with the test aforesaid he may, on payment of the cost, require the customs-collector to measure more hanks up to one percent of the total number of hanks in the consignment, such hanks being taken at random by an officer of the customs out of any bundles in the consignment.

  8. Stove Test. -

    (1) The stove test may be applied by the customs officers only in cases where weighment by the ordinary methods shows the weight of the yarn to be short or in which the feel and appearance of yarn indicate that it is abnormally moist or over-conditioned or where the importer demands the test. Where the test is carried out on demand by the importer, the fee levied for carrying out the test shall be returned if the test fails to support the original determination of count and length by the customs officers. If more than one application of the test is demanded a further fee shall be levied for each fresh test, the whole sum charged being retained or refunded according to his final decision on the results of the tests.
    (2)

    • In carrying out the stove test, in the case of cotton yarn a regain of 8 1/2 per cent shall be added to the weight obtained after the yarn is reduced to an absolute dry conditions, and the figure so obtained shall be regarded as the actual weight of the yarn under normal conditions.
    • In the case of silk, or woollen or other yarns other than cotton yarn the regain to be added to the weight obtained after reducing such yarns to dry condition shall be according to the table of officials standards supplied with the stove test apparatus.


  9. Place of testing. - The testing of piece-goods and yarn referred to in rules 164 to 170 shall be made at the customs laboratories or at such place and by such officer as the customs-collector may direct.

  10. Security. - The customs-collector may require from any informant referred to in rule 166 security not exceeding five hundred rupees and where he is satisfied that the information given is wilfully false, the security shall be forfeited.

    STAMPING OF PIECE-GOODS COTTON YARN AND UNDER SECTION 81

  11. Piece-goods. - "Piece-goods such as are ordinarily sold by length or by the piece" (hereinafter referred as "piece-goods)" shall for the purposes of section 81 of the Act or the Customs Act, 1962 (52 of 1962) include cotton piece-goods, woollen piece-goods, silk piece-goods, art silk piece-goods of synthetic fibre and other piece-goods of mixed fabrics, shall not include the following descriptions of goods namely:-
    • Alhambras, except Alhambras quiltings.
      Blankets.
      Blind Cloth in cut-pieces.
      Book-Binding cloth in cut-pieces.
      Buckrams in cut-pieces.
      Carpets (in rolls).
      Counterpanes.
      Decatising wrappers.
      Dusters in woven pieces.
      Embroidered all-overs and embroidered saris of all sorts.
      Embroidered flounces.
      Filter cloth.
      Glass cloth in woven pieces.
      Handkerchiefs in woven pieces.
      Laces and nets including Cotton Brettone nets.
      Lace curtain cloth.
      Pillow Calico (Tubular)
      Prayer Mats.
      Press cloth in cut pieces.
      Quilts.
      Rugs.
      Sarongs upto 2 yards 2.28 metres 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 cleaner cloth.
      Woollen knitted cloth
      Woollen roller cloth.
      Woollen sizing Flannel.
    • (i) Cotton remnants or cut lengths measuring less than fifteen yards (or fourteen meters) which are not in current ordinary trade practice sold by length or by the piece;
      (ii) Fents regardless of their length, which are so defective owing to accidents in the weaving, dyeing or printing that they are not ordinarily capable of being sold by length or by the piece.

  12. Stamping of piece-goods. -

    (1) Piece-goods which have been manufactured, bleached, dyed, printed or finished in India in premises which are a factory as defined in the Factories Act,1948 (63 of 1948) shall be stamped with the particulars required under sub-section(1) of section 81.
    (2) In the case of piece-goods manufactured outside India (each piece shall be marked with the name of the manufacturer, exporter, or wholesale purchaser in India of the goods and with the real length of the piece in standard yards or in standard metres as required under the Customs Act, 1962 (52 of 1962).


  13. Cases where requirement as to stamping may be waived. -

    (1) The customs-collector may not detain any unstamped piece-goods if he is satisfied that although they are not mentioned in the list of excepted goods under rule 173 they are of such a nature that they would be liable to serious depreciation in value if stamped;
    Provided, however, where a customs-collector exercises his discretion under this sub-rule, he shall forthwith report the case, sending a sample of the goods to the Central Government through the Central Board of Revenue, so that the question of issuing general orders in favour of such goods may be considered.
    (2) Cotton and woollen piece-goods imported for the personal use of individuals or private associations of individuals and not for trade purposes need not be stamped.


  14. Nature of stamping required. -

    (1) In marking the length of the piece-goods the words "yards" or "yds" "metres" shall accompany the numerals, and in the case of cut-lengths or pieces of the kind other than that described in clause (b) of rule 173, the number of pieces shall be marked as well as the yards or metres on the front or outer face fold of the cut-piece, the figures being presented in a way to show clearly what they are intended to mean.
    (2) The length shall be in standard yards or fractions of such yards or standard metres or fractions of a metre and shall represent the actual length of the goods, and not the length before shrinkage or dryage, resulting from processes such as dyeing, or from atmospheric changes which can reasonably be foreseen. Marking in inches or centimetres may be permitted on cloths of small dimensions and delicate make in accordance with the custom of the trade.
    (3) The marking shall be such that it is not likely to be removal except by washing the fabric or in the case of goods that are not ordinarily washed, it shall be of such a nature that it is not likely to be obliterated in the ordinary course of handling before the goods reach the purchaser.
    (4) The marking shall be conspicuous and in a different colour from that of the fabric, upon the fabric itself, and not upon a removable label or ticket. The marking shall not be upon an inner fold which cannot readily be seen, nor upon a wholly detached piece, but it may be upon piece that is partly detached without being entirely severed. In the case of sarongs which are required to be stamped, the stamping may be made on the selvage in the inner fold instead of one the uppermost fold of the cloth. Marks which are stitched on the fabric and are easily removable by cutting shall not be permitted.


  15. Languages and numerals to be used for marking. - All markings required by sub-section(2) of section 81 shall be in English and the international form of Indian numerals shall be used.

  16. Indications of weight, length, name of manufacturer etc.,

    (1) The weight of yarn or thread in each bundle or unit shall ordinarily be indicated thereon in pounds or ounces in the English system or in grammes according to the metric system.
    (2) The length of threads in each bundle or unit shall be indicated thereon in yards or metres.
    (3) The name of the manufacturer or of the wholesale purchaser in India shall be indicated in full or, provided that the said name is clearly and unambiguously indicated thereby in an abbreviated form, on each bundle or unit.


  17. Manner of marking cotton yarn and cotton thread. -

    (1) Each bundle of cotton yarn shall be marked with the particulars required under Sub-section (2) Section 81 of the Act by one or more inscribed wrappers, labels or cards applied, affixed or stitched thereto, provided that all the required particulars shall be contained on the exposed surface.
    (2) Units of cotton thread shall be marked with the required particulars-

    • when made up in skeins, by an inscribed label applied round each skein or bundle of skeins or secured by twine thereto;
    • when made up in balls, by an inscribed label attached to each ball, or inserted therein but remaining exposed;
    • when wound on cards, wheels, or stars, by inscription on the exposed portion of the card, wheel or star;
    • when wound on reels, by one or two inscribed label applied to the end or ends of the reel;
    • when wound on paper tubes or cones, by an inscribed label applied round or otherwise affixed to the thread or to the exposed portion of the outer surface of the tube or cone, or, where the diameter of the tube or cone is sufficient for the label to be clearly exposed to views, to the inner surface of the tube or cone, or, by inscription on the exposed portion of the outer surface of the tube or cone;
    • when made up in any other form, by an inscribed label or card applied, affixed or stitched to or enclosed or inserted in, such make up.

    (3) Labels or cards used in accordance with sub-rules (1)and (2) shall be so applied as not to be easily detachable or removable from a bundle of cotton yarn or from each unit of cotton thread in the ordinary course of handling before it reaches the normal consumer.


  18. Marking of cover. - Where units of cotton thread are enclosed in a cover, such cover shall be marked with the required particulars.

  19. Markings to be clear and distinct. - All markings on bundles of cotton yarn or units of cotton thread shall be legible, distinct and in a colour which is not likely to be easily obliterated and which shall be different from the colour of the surface marked.

  20. Manner of expressing count of cotton-yarn. - The count of cotton yarn shall ordinarily be expressed in English the metric system by adding the letter 'S' after the numeral or numerals where, however, a bundles is packed on the metric system, the count shall be accompanied by the words "metric count" or by some other clear and definite indication conveying the fact and in the absence of such words or indication the marking shall be regarded as indicating that it is in the English system.

  21. Indication of other particulars. - Nothing in rules 177 shall be construed as prohibiting the indication in any manner of other particulars relating to the cotton yarn or cotton thread so long as the conspicuousness of the required particulars is not affected thereby.

  22. Exemptions. - All premises where the work is done by members of one family with or without the assistance of not more than ten other employees and all premises controlled by a co-operative society where not more than twenty workers are employed in the premises shall be exempted from the operation of rules 177 to 182.

PART I


CHAPTER 1 - PRELIMINARY

CHAPTER II - PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION

CHAPTER III - RENEWAL OF REGISTRATION AND RESTORATION

CHAPTER IV - ASSIGNMENT AND TRANSMISSION

CHAPTER V - REGISTERED USERS

CHAPTER VI - RECTIFICATION AND CORRECTION OF REGISTER
ALTERATION OR RECTIFICATION OF REGISTER


CHAPTER VII - MISCELLANEOUS

PART II


SPECIAL PROVISIONS FOR COLLECTIVE MARKS

PART III


SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS

PART IV


SPECIAL PROVISION FOR TEXTILE GOODS

PART V


REGISTRATION OF TRADE MARKS AGENTS

PART VI


PROVISIONS RELATING TO TESTING AND MARKING OF PIECE-GOODS AND YARN

PART VII


REPEAL


FORM TM-1

FORM TM-2

FORM TM-3

FORM TM-4

FORM TM-5

FORM TM-6

FORM TM-7

FORM TM-8

FORM TM-9

FORM TM-10

FORM TM-12

FORM TM-13

FORM TM-14

FORM TM-15

FORM TM-16

FORM TM-17

FORM TM-18

FORM TM-19

FORM TM-20


FORM TM-21

FORM TM-22

FORM TM-23

FORM TM-24

FORM TM-25

FORM TM-26

FORM TM-27

FORM TM-28

FORM TM-29

FORM TM-30

FORM TM-31

FORM TM-32

FORM TM-33

FORM TM-34

FORM TM-35

FORM TM-36

FORM TM-37

FORM TM-38

FORM TM-39

FORM TM-40


FORM TM-41

FORM TM-42

FORM TM-43

FORM TM-44

FORM TM-45

FORM TM-46

FORM TM-47

FORM TM-48

FORM TM-49

FORM TM-50

FORM TM-51

FORM TM-52

FORM TM-53

FORM TM-54

FORM TM-55

FORM TM-56

FORM TM-57

FORM TM-58

FORM TM-59


FORM TM-60

FORM TM-61

FORM TM-62

FORM TM-63

FORM TM-64

FORM TM-65

FORM TM-66

FORM TM-67

FORM TM-68

FORM TM-69

FORM TM-70

FORM TM-71

FORM TM-72

FORM TM-73

FORM TM-74

FORM TM-75

FORM TMA-1

FORM TMA-2

FORM TMA-3


THE THIRD SCHEDULE


FORM 0-1

FORM 0-2

FORM 0-3

FORM 0-4

THE FOURTH SCHEDULE


Classification of goods and services - Name of the classes

THE FIFTH SCHEDULE


List of items of textile goods referred to in rule 145

THE SIXTH SCHEDULE


Scale of costs allowable in Rule 114 proceedings before the Registrar

PART VIII


Language of the Trade Marks Registry

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