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Export (Quality Control and Inspection) Act, 1963 Preamble 1

Title: Export (Quality Control and Inspection) Act, 1963

State: Central

Year: 1963

EXPORT (QUALITY CONTROL AND INSPECTION) ACT, 1963 [Act, No. 22 of 1963] [24th August, 1963] PREAMBLE 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: -

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Export (Quality Control and Inspection) Act, 1963 Complete Act

Title: Export (Quality Control and Inspection) Act, 1963

State: Central

Year: 1963

..... Section10P - Continuance of proceedings in the event of death or insolvency Section11 - Penalty Section11A - Penalty for contravention of order made by adjudicating authority or Appellate authority Section11B - Offences by officers and employees of agency, etc. Section11C - Correction of clerical or arithmetical mistakes Section12 - Offences by companies Section13 - Delegation of powers Section14 - Procedure for prosecution Section15 - Officers and employees of agency to be public servants Section16 - Protection of action taken in good faith Section16A - Suspension, etc., of operation of the provisions of the Act Section17 - Power to make rules Section18 - Act to override other enactments

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Export (Quality Control and Inspection) Act, 1963 Section 4

Title: Director of Inspection and Quality Control

State: Central

Year: 1963

The Central Government shall appoint a Director of Inspection and Quality Control to exercise such powers and perform such duties under this Act as may be prescribed.

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Export (Quality Control and Inspection) Act, 1963 Section 6

Title: Powers of the Central Government in Regard to Quality Control and Inspection

State: Central

Year: 1963

If the Central Government, after consulting the Council, is of opinion that it is necessary or expedient so to do for the development of the export trade of India, it may, by order published in the Official Gazette, - (a) notify commodities which shall be subject to quality control or inspection or both prior to export; (b) specify the type of quality control or inspection which will be applied to a notified commodity; (c) establish, adopt or recognise one or more standard specifications for a notified commodity; (d) prohibit the export in the course of international trade of a notified commodity unless it is accompanied by a certificate issued under section 7 that the commodity satisfies the conditions relating to quality control or inspection, or it has affixed or applied to it a mark or seal recognised by the Central Government as indicating that it conforms to the standard specifications applicable to it under clause (c).

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Export (Quality Control and Inspection) Act, 1963 Section 7

Title: Machinery for Quality Control and Inspection

State: Central

Year: 1963

..... (5) Subject to the provisions of sub-section (6), the decision of the agency where no appeal is filed, and the decision of the appellate authority where an appeal is filed, shall be final and shall not be questioned in any Court of law. (6) The Central Government may, at any time, call for and examine the record of any proceeding relating to any decision of an agency or appellate authority under this section for the purpose of satisfying itself as to the legality or propriety of such decision and may pass such order thereon as it thinks fit. ________________________ 1. Inserted by Export (Quality Control and Inspection) Amendment Act (Act 40 of 1984) w.e.f 02.071984.

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Export (Quality Control and Inspection) Act, 1963 Section 2

Title: Definitions

State: Central

Year: 1963

.....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. ________________________ 1. Clause (a) re-lettered as Clause (ac), and before Clause (ac) as so re-lettered, Clauses (a) and (ab) inserted by Export (Quality Control and Inspection) Amendment Act (Act 40 of 1984) w.e.f 02.07.1984.

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Export (Quality Control and Inspection) Act, 1963 Section 10M

Title: Appeal

State: Central

Year: 1963

(1) Any person aggrieved by any decision or order made under this Act may prefer an appeal, (a) where the decision or order has been made by the Director of Inspection and Quality Control, to the Central Government; (b) where the decision or order has been made by any officer subordinate to the Director of Inspection and Quality Control, to the Director of Inspection and Quality Control. within a period of forty-five days from the date on which the decision or order is served on such person: Provided that the appellate authority may if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period of forty-five days, allow such appeal to be preferred within a further period of forty-five days. Provided further that in the case of an appeal against an order imposing a penalty, no such appeal shall be entertained unless the amount of the penalty has been deposited by the appellant. Provided also that where the appellate authority is of the opinion that the deposit to be made will cause undue hardship to the appellant, it may at its discretion, dispense with such deposit either unconditionally or subject to such.....

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Export (Quality Control and Inspection) Act, 1963 Section 10K

Title: Adjudication

State: Central

Year: 1963

Any confiscation may be adjudged or penalty may be imposed under this Act by the Director of Inspection and Quality Control, or, where he so directs, by a general or special order, by any officer subordinate to him.

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Export (Quality Control and Inspection) Act, 1963 Section 11

Title: Penalty

State: Central

Year: 1963

.....of special and adequate reasons to be mentioned in the judgment of theCourt, such imprisonment shall not be less than three months. (2)Any person who attempts to commit or abets the commission of an offencepunishable under sub-section (1) shall be deemed to have committed such offence. (3) Ifany person contravenes or attempts to contravene or abets the contravention ofany other provision of this Act or any rules or orders made there under, heshall be punishable with fine which may extend to one thousand rupees. ________________________ 1. Substitutedfor the words "two years" by Export (Quality Control and Inspection)Amendment Act (Act 40 of 1984) w.e.f 02.07.1984.

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Export (Quality Control and Inspection) Act, 1963 Section 11A

Title: Penalty for Contravention of Order Made by Adjudicating Authority or Appellate Authority

State: Central

Year: 1963

1[11A. Penalty for contravention of order made by adjudicating authority or Appellate authority If any person fails to pay the penalty imposed by the adjudicating or the Appellate authority or fails to comply with any direction or order made, or deemed to have been made, under this Act, he shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. ________________________ 1. Sections 11A to 11C by Export (Quality Control and Inspection) Amendment Act (Act 40 of 1984) w.e.f 02.07.1984.

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