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

Title: Power to Enter and Inspect

State: Central

Year: 1963

1 [10A - Power to enter and inspect The Director of Inspection and Quality Control or any officer of the Central Government authorised by him in writing in this behalf (hereinafter referred to as the "authorised officer") may enter at any reasonable time, any premises in which- (a) any commodity which has been changed after inspection by any agency referred to in sub-section (1) of section 7; or (b) any books of account or other documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act are suspected to have been kept or concealed, and inspect such commodity, books of account, other documents or things and may take such notes or extracts from such books of account or, other documents as he may think fit. ________________________ 1. Sections 10A to 10P 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 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 3

Title: Establishment of Export Inspection Council

State: Central

Year: 1963

.....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. __________________________ 1. Substituted for the word "eleven" 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 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 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 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 Complete Act

State: Central

Year: 1963

.....was without the knowledge or connivance of the person to whom it belongs, such commodity shall not be ordered to be confiscated; but such other action as is authorised by this Act may be taken against the person who has, by such act or omission, rendered such commodity liable to confiscation. SECTION 10G: Confiscation of conveyance: Any conveyance or animal which has been, is being, or is attempted to be, used for the transport of any commodity which is liable to confiscation under this Act, shall be liable to confiscation unless the owner of the conveyance or animal proves that it was, is being, or is about to be, so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use : Provided that in the case of a conveyance or animal used for the transport of goods or passengers for hire, the owner of the conveyance or animal shall be given an option to pay, in lieu of confiscation of the conveyance or animal, a fine not exceeding the value of the commodity which has been, is being, or is attempted to be, transported by such.....

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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 17

Title: Power to Make Rules

State: Central

Year: 1963

.....more successive sessions, and if, before the expiry of the session 2 [immediately following the session] or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ________________________ 1. Inserted by Export (Quality Control and Inspection) Amendment Act (Act 40 of 1984) w.e.f 02.07.1984. 2. Substituted for the words "in which it is so laid" by Export (Quality Control and Inspection) Rules, 1964.

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