Textile regulations in India

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  India Textiles Committee Act Act No. 41 of 1963 IN

  A duty of excise is levied as a cess on all textiles and all textile machinery manufactured in India, at a rate the Central Government fixes by notification and not exceeding one per cent ad valorem, and it is collected by the Textiles Committee from every manufacturer of textiles or textile machinery.

  Confirmed In force, dates fixed in published law

  The proviso to sub-section (1) excludes textiles manufactured out of the handloom or powerloom industry. Sub-section (2) states the cess is in addition to any other cess or duty leviable on the same goods, so it does not displace one. The record carries the duty the section imposes. The rates, the notified standards and the prescribed procedure are in the rules and the Gazette notifications made under the Act.

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  India Textiles Committee Act Act No. 41 of 1963 IN

  The Committee may direct a specially authorised officer to examine the quality of textiles or the suitability of textile machinery, either at the time of manufacture or while in use in a textile mill, and that officer may inspect any operation connected with manufacture and take samples of any article, material or substance used in an article or process for which construction particulars, marks or inspection standards have been specified.

  Confirmed In force, dates fixed in published law

  The power reaches machinery in use in a mill and not only goods at the point of manufacture. The record carries the duty the section imposes. The rates, the notified standards and the prescribed procedure are in the rules and the Gazette notifications made under the Act.

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  India Textiles Committee Act Act No. 41 of 1963 IN

  Where the Committee has established, adopted or recognised standard specifications for textiles or a standard type of textile machinery, and the Central Government on the Committee's recommendation is of the opinion that goods not conforming to those standards should not be exported or sold for internal consumption, it may prohibit that export or sale by order published in the Official Gazette.

  Confirmed In force, dates fixed in published law

  The prohibition is made by Gazette order against specified goods rather than being a standing duty, so what is prohibited at any moment is a question about the notifications rather than about this section. The record carries the duty the section imposes. The rates, the notified standards and the prescribed procedure are in the rules and the Gazette notifications made under the Act.

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  India Legal Metrology Act No. 1 of 2010 IN

  No person may manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless the package is in the standard quantities or number prescribed and bears on it the declarations and particulars prescribed, in the prescribed manner. A garment sold in a polybag, box or any other package made up in advance is a pre-packaged commodity for this purpose.

  Confirmed In force, dates fixed in published law

  The verbs matter to an exporter: the duty attaches at manufacture, packing and import, not only at sale, so a consignment is already inside it before anything is offered to a consumer. The Act creates the duty and leaves its content to rules: what must be declared, in what form and in what manner is "as may be prescribed", which is the Legal Metrology (Packaged Commodities) Rules, 2011. So this record establishes THAT a garment sold pre-packaged in India must carry declarations, and does not state WHICH — those are in the Rules, which this register does not yet hold because the central text is a base notification plus at least five amendment items and a record drafted from the base alone would state superseded requirements.

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  India Legal Metrology Act No. 1 of 2010 IN

  Any advertisement mentioning the retail sale price of a pre-packaged commodity must contain a declaration of the net quantity or number of the commodity in the package, in the prescribed form and manner.

  Confirmed In force, dates fixed in published law

  A duty on the advertisement rather than on the package, and it is triggered by mentioning the retail sale price. A listing that shows a price therefore carries it, which reaches marketing copy and product listings rather than the label alone.

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  India Legal Metrology Act No. 1 of 2010 IN

  Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale — including through digital modes of sale such as e-commerce platforms, online marketplaces or any other digital or electronic means, including electronic service providers facilitating such sales — any pre-packaged commodity that does not conform to the declarations on the package as provided in the Act is to be warned with an improvement notice, and is liable to penalty on a second offence.

  Confirmed In force, dates fixed in published law

  Two things changed here and both matter to a supplier selling into India online. The enforcement reaches e-commerce platforms, marketplaces and electronic service providers facilitating the sale, not only the seller. And the FIRST offence is an improvement notice rather than a penalty — the liability arrives on the second. Anyone reading an older copy of this section will have neither.

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  India Jute Packaging Act Act No. 10 of 1987 IN

  Where the Central Government has ordered that a commodity, class of commodities or percentage of them be packed in jute packaging material, that commodity may not be supplied or distributed unless it is packed in accordance with the order. Jute packaging material means jute, jute yarn, jute twine, jute sacking cloth, hessian cloth, jute bags or any other packaging material containing not less than seventy-five per cent by weight of jute.

  Confirmed In force, dates fixed in published law

  A proviso allows three months from the date specified in the order for goods that were being packed in another material immediately before that date. The commodities reached are defined at section 2(a) as any essential commodity within the meaning of the Essential Commodities Act 1955, or any article manufactured or produced by a scheduled industry within the meaning of the Industries (Development and Regulation) Act 1951. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Jute Packaging Act Act No. 10 of 1987 IN

  A person required to use jute packaging material may be ordered by the Central Government to furnish information in their possession about the commodity requiring such packing, in the form and within the period the order specifies, and to furnish samples of jute packaging material for inspection at the places and within the period specified.

  Confirmed In force, dates fixed in published law

  The duty arises on an order being made, not automatically. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Jute Packaging Act Act No. 10 of 1987 IN

  An officer authorised by the Central Government may enter at all reasonable times any place, premises or vehicle where a commodity packed in jute packaging material is stored or kept for supply or distribution, may require its production for inspection, and may ask for information relating to it. Where the officer has reason to believe a commodity has been packed in contravention of the prohibition and is secreted, that place, premises or vehicle may be searched and the commodity seized.

  Confirmed In force, dates fixed in published law

  Where seizure is impracticable the officer may instead serve an order that the goods not be removed or dealt with without prior permission. The Code of Criminal Procedure 1973 applies to searches and seizures under this section. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Handlooms Reservation Act Act No. 22 of 1985 IN

  Where the Central Government has by Gazette order reserved an article or class of articles for exclusive production by handlooms, that article may not, from the date of reservation, be produced on any loom other than a handloom. A handloom is defined as any loom other than a power loom, and a power loom as a loom worked by power as defined in the Factories Act 1948.

  Confirmed In force, dates fixed in published law

  A proviso allows a person already engaged in producing the article on a non-handloom immediately before the date of reservation to continue for three months from that date. An order under section 3 must be laid before each House of Parliament for thirty days and may be modified or annulled. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Handlooms Reservation Act Act No. 22 of 1985 IN

  The Central Government may order a manufacturer to furnish information in their possession about any manufacturing activity or business carried on by them or by another person, in the form and within the period specified, and to furnish samples. Manufacturer includes both the producer and the processor, a processor being a person engaged in dyeing, bleaching, mercerising, calendering, embroidering, printing, raising, cloth embossing or any other finishing process subsequent to the production of cloth.

  Confirmed In force, dates fixed in published law

  The definition of processor reaches finishing houses that never operate a loom, so the information duty is wider than the production prohibition it supports. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Handlooms Reservation Act Act No. 22 of 1985 IN

  An officer authorised by the Central Government may enter at all reasonable times any place or premises of a manufacturer where textile articles are stored, kept or exposed for sale, may require production for inspection of books of account, registers, records or other documents kept there, and may ask for information about the manufacture, storage or keeping for sale of those articles or about any powerlooms found on the premises. Where there is reason to believe a reserved article is being produced in contravention of an order, the place may be searched and the article or the powerloom seized.

  Confirmed In force, dates fixed in published law

  The power of seizure extends to the powerloom itself, not only to the articles produced on it. Offences under the Act are cognizable. The Act confers the power; the Gazette orders made under it decide which goods are caught and from when. The register records the duty, not the current schedule of orders.

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  India Central Silk Board Act Act No. 61 of 1948 IN

  A duty of excise is levied and collected as a cess on all filature raw silk and all spun silk reeled in the territories to which the Act extends, at a rate the Central Government fixes by notification. It is payable by the reelers of filature raw silk or spun silk, who must pay it to the Board within one month of receiving the notice of demand, and it may be recovered as if it were an arrear of land revenue.

  Confirmed In force, dates fixed in published law

  The duty attaches to the reeler rather than to the manufacturer, which distinguishes it from the cess under the Textiles Committee Act already in this register. To let the Board assess the amount, the Board fixes the assessment period by notification and every reeler must furnish a return within the prescribed time specifying the total amount reeled. The Act confers the power and the Gazette notifications exercise it: the rate of cess, the periods of assessment and the terms of any export or import restriction are all set by notification rather than by the Act.

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  India Central Silk Board Act Act No. 61 of 1948 IN

  All import of silk-worm seed must conform to the quality standards specified under section 8C(2). The Central Government may by notification specify the terms and conditions, including exim policy, for the export and import of silk-worm seed, may permit import of an unregistered variety for research purposes in a specified quantity and on specified conditions, and may restrict the export or import of any kind or variety where it considers that it may adversely affect the silk industry.

  Confirmed In force, dates fixed in published law

  Compliance at the border is enforced by officers of at least Assistant Commissioner level whom the Central Government may authorise by order, and who are deemed Seed Officers for the purposes of the Act. The Act confers the power and the Gazette notifications exercise it: the rate of cess, the periods of assessment and the terms of any export or import restriction are all set by notification rather than by the Act.

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  India Central Silk Board Act Act No. 61 of 1948 IN

  Every registered silk-worm seed producer and dealer must furnish a periodic statement to the Central Silk-worm Seed Committee, in the form and manner and at the intervals specified by regulations.

  Confirmed In force, dates fixed in published law

  The duty reaches dealers as well as producers, and it attaches on registration rather than on volume. The form and the interval are left entirely to regulations, so the Act alone does not tell a reader what is due or when. The Act confers the power and the Gazette notifications exercise it: the rate of cess, the periods of assessment and the terms of any export or import restriction are all set by notification rather than by the Act.

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  India BIS Act Act No. 11 of 2016 IN

  Where the Central Government is of the opinion that it is necessary or expedient in the public interest, for the protection of human, animal or plant health, safety of the environment, prevention of unfair trade practices or national security, it may — after consulting the Bureau and by order published in the Official Gazette — notify goods or articles of a scheduled industry, or the essential requirements they must conform to, and direct that use of the Standard Mark under a licence or certificate of conformity is compulsory for them.

  Confirmed In force, dates fixed in published law

  This is a POWER, not a standing duty — nothing is compulsory until an order is notified. "Scheduled industry" takes its meaning from the Industries (Development and Regulation) Act, 1951. In textiles this is the section the polyester and viscose fibre and yarn QCOs are made under. Each QCO is a separate Gazette notification with its own commodity list and commencement date, so whether a particular fibre, yarn or fabric is caught today is a question about the notifications and not about this Act.

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  India BIS Act Act No. 11 of 2016 IN

  Once goods are notified under section 16(1), no person may manufacture, import, distribute, sell, hire, lease, store or exhibit them for sale either without a Standard Mark except under a valid licence, or — even holding a licence — apply a Standard Mark unless the goods actually conform to the relevant standard or prescribed essential requirements.

  Confirmed In force, dates fixed in published law

  Limb (b) is the one that catches licensed manufacturers: holding a licence is not a defence to marking non-conforming goods. The list of verbs reaches storing and exhibiting, so a warehouse holding notified goods without the mark is inside this before anything is sold.

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  India BIS Act Act No. 11 of 2016 IN

  No person may claim publicly — through advertisements, sales promotion leaflets, price lists or the like — that their goods conform to an Indian standard, or make such a declaration on the goods themselves, without holding a valid certificate of conformity or licence from the Bureau or another authority approved by the Central Government under section 16(2).

  Confirmed In force, dates fixed in published law

  This one does not depend on a section 16 notification at all: claiming conformity to an Indian standard without a licence is prohibited whether or not the commodity has been made compulsory. It reaches marketing copy, catalogues and price lists as well as the product, so "conforms to IS ____" on a tech pack or a listing is the exposure.

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  India BIS Act Act No. 11 of 2016 IN

  A licence holder remains responsible at all times for the conformance of goods carrying the Standard Mark. A distributor or seller must ensure that goods carrying the Standard Mark were purchased from a certified body or licence holder, and before goods are sold, offered or exhibited for sale the seller must ensure they bear the labels and marking details the Bureau specifies and that marking and labelling on the product or its covering is displayed in the manner the Bureau specifies.

  Confirmed In force, dates fixed in published law

  The duty is split deliberately across the chain: conformance stays with the licence holder, provenance falls on the distributor or seller, and presentation of the marking falls on the seller. A buyer of marked goods therefore has a duty of their own — to have bought from a certified body or licence holder — which is not discharged by the mark being present.