Export (Quality Control and Inspection) Act, 1963
No: 22 Dated: Aug, 24 1963
THE EXPORT (QUALITY CONTROL AND INSPECTION) ACT, 1963
ACT NO. 22 OF 1963
An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Export (Quality Control and Inspection) Act, 1963.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by Notification in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
[(a) “adjudicating authority” means the authority specified in, or under, section 10K;
(ab) “Appellate authority” means the appellate authority referred to in section 10M;]
[(ac)]“Council” means the Export Inspection Council established under section 3;
(b) “export”, with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(c) “inspection”, in relation to a commodity, means the process of determining whether a batch of goods in that commodity complies with the standard specifications applicable to it or any other specifications stipulated in the export contract generally by inspecting either the whole batch or a selected sample or samples which purport to represent the whole batch;
(d) “notified commodity” means any commodity notified under clause (a) of section 6;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “quality control” means any activity having for its object the determination of the quality of a commodity (whether during the process of manufacture or production or subsequently) in order to ascertain whether it satisfies the standard specifications applicable to it or any other specifications stipulated in the export contract and whether it may be accepted for purposes of export.
3. Establishment of Export Inspection Council.—(1) The Central Government may by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, a Council to be known as the Export Inspection Council, which shall consist of—
(a) a Chairman to be appointed by the Central Government;
(b) the Director of Inspection and Quality Control, ex officio, who shall be the Secretary;
(c) the Honorary Adviser on Standardization to the Government of India and Director of Indian Standards Institution, ex officio;
(d) the Agricultural Marketing Advisor to the Government of India, ex officio;
(e) the Director General of Commercial Intelligence and Statistics, ex officio;
(f) [fifteen] other members nominated by the Central Government three of whom shall be persons representing the agencies referred to in section 7.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and shall by the said name sue and be sued.
(3) The term of office of, and the manner of filling casual vacancies among, the members of the Council referred to in clauses (a) and (f) of sub-section (1) and the travelling and daily allowances payable to the members of the Council and the procedure to be followed in the discharge of its functions by the Council shall be such as may be prescribed.
(4) No act or proceeding of the Council shall be invalidated merely by reason of any vacancy in, or any defect in the Constitution of, the Council.
(5) Subject to such rules as may be made by the Central Government in this behalf, the Council may appoint such officers and other employees as it considers necessary for the purpose of discharging its functions under this Act.