The Khaddar (Protection of Name) Act, 1950
đ The Khaddar (Protection of Name) Act, 1950
1. Introduction
The Khaddar (Protection of Name) Act, 1950 is a short but significant piece of legislation passed by the Indian Parliament to protect the name âKhaddarâ (also known as Khadi) from misuse.
"Khaddar" refers to hand-spun and hand-woven cloth, which gained importance during India's freedom movement under the leadership of Mahatma Gandhi, symbolizing self-reliance, rural employment, and swadeshi (indigenous) ethos.
This Act ensures that only genuine Khaddar productsâmade by hand using traditional methodsâcan legally use the term "Khaddar" in their trade or business.
2. Objective of the Act
To prevent misuse of the word âKhaddarâ or âKhadiâ in commercial or trade practices.
To preserve the authenticity and traditional identity of Khaddar cloth.
To ensure that consumers are not misled by false labeling of machine-made fabrics as âKhaddarâ.
To uphold the legacy of Khadi as a symbol of Indian self-reliance and national pride.
3. Background Context
After independence, the Indian government recognized that the term âKhaddarâ was being misused by traders selling machine-made or mill-made cloth under that name.
This not only undermined rural artisans and genuine Khadi producers, but also misled consumers and weakened the cultural significance of Khadi. The Act was passed to prevent such unethical practices.
4. Scope and Applicability
The Act applies across India.
It applies to individuals, firms, companies, or any commercial enterprise using the word âKhaddarâ or any derivative thereof in relation to textiles or cloth.
It does not regulate production, but only the use of the name âKhaddarâ.
𧞠Key Provisions of the Act
Section 2 â Definitions
âKhaddarâ: Any cloth woven on handlooms in India from yarn spun by hand in India or from yarn manufactured in India and declared by the Central Government to be Khaddar for purposes of the Act.
The definition excludes machine-made or mill-made cloth.
Section 3 â Prohibition of Improper Use of the Name
No person shall apply the name "Khaddar" or any similar word to any cloth or textile which is not Khaddar as defined under the Act.
This includes labelling, advertising, marketing, or selling of cloth.
The prohibition is absolute, regardless of whether the misuse was intentional or not.
Section 4 â Penalty for Contravention
Any person who contravenes Section 3 is liable to:
Fine up to âš5,000 for the first offence.
Imprisonment up to 6 months or fine or both for second or subsequent offences.
Section 5 â Cognizance of Offences
No court shall take cognizance of an offence under this Act except on a complaint made by an officer authorized by the Central Government.
Section 6 â Power to Make Rules
The Central Government is empowered to make rules to carry out the objectives of the Act.
These may include:
Manner of labelling genuine Khaddar
Criteria for inspection
Appointment of inspectors and officers
âď¸ Legal and Practical Significance
â Consumer Protection
Protects consumers from being misled into buying mill-made cloth falsely labeled as âKhaddarâ.
â Artisan Welfare
Preserves the livelihood of rural artisans by ensuring only genuine Khadi is promoted.
â Cultural Identity
Maintains the symbolic and patriotic significance of Khadi in Indiaâs socio-political history.
âď¸ Relevant Case Law and Judicial Interpretations
Although case law directly under this Act is limited due to its narrow and specific application, relevant principles have been discussed in broader contexts, including intellectual property, trade practices, and misrepresentation.
Case 1: Chhattisgarh Khadi and Village Industries Board v. Commercial Traders, Bilaspur (Hypothetical based on real principles)
Issue: Whether a commercial trader selling mill-made cotton cloth labeled as âKhadiâ was in violation of the Act.
Held: The court ruled that such labeling was a clear violation of the Khaddar Act, 1950.
The term âKhadiâ or âKhaddarâ carries a specific statutory definition, and using it for machine-made cloth misleads the public and harms genuine producers.
Principle: Even if the cloth is made of cotton and looks similar, if it is not hand-spun and hand-woven, it cannot be labeled âKhadiâ or âKhaddarâ.
Case 2: KVIC (Khadi and Village Industries Commission) v. Tradersâ Association (Hypothetical legal context)
Held: The Khadi and Village Industries Commission is legally empowered to inspect, certify, and regulate the use of the term âKhadi/Khaddarâ.
Principle: Any unauthorized use of the term âKhadiâ or âKhaddarâ is liable for penal action, and genuine producers are entitled to legal remedies for misuse.
đ§ Legal Principles Emerging
Statutory Definition Supremacy: The meaning of âKhaddarâ is fixed by law and cannot be stretched by commercial use or custom.
Consumer Protection: False labeling amounts to deceptive trade practice.
Preservation of National Symbols: Khadi represents national pride, and its misuse is legally punishable.
Strict Liability: Even unintentional misuse can attract penalties.
â Summary Table
| Section | Provision | Key Point |
|---|---|---|
| 2 | Definitions | âKhaddarâ = hand-spun, hand-woven cloth only |
| 3 | Prohibition of misuse | Cannot label non-Khaddar as âKhaddarâ |
| 4 | Penalty | Fine or imprisonment for misuse |
| 5 | Cognizance | Only govt-authorized officers can prosecute |
| 6 | Power to make rules | Government can issue rules for enforcement |
đ Conclusion
The Khaddar (Protection of Name) Act, 1950 is a focused legislation designed to preserve the integrity of âKhaddarâ or âKhadiâânot just as a type of cloth, but as a symbol of Indian self-reliance, rural empowerment, and national identity.
By restricting the use of the name only to genuinely hand-spun and hand-woven products, the Act safeguards the interests of rural artisans and protects consumers from deception. Though not frequently invoked, it remains a legally and culturally significant Act in Indiaâs legal landscape.
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