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(No. 22 of 1963)
As amended by Export (Quality Control and
Inspection) Amendment Act, 1984
(No. 40 of 1984)
An Act to provide for the sound development of
the export trade of India through quality control
and inspection and for matters connected therewith.
Short title, extent and commencement.
Be it enacted by Parliament in the Fourteenth
Year of the Republic of India as follows:-
- (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.
Definitions
- In this Act, unless the context otherwise
requires:-
-
"adjudicating authority", means the
authority specified in, or under section 10K;
(ab) "Appellate authority", means the
Appellate authority referred to in section 10 M;
(ac) "Council", means the Export
Inspection Council established under section 3;
-
"export", with its grammatical
variations and cognate expressions, means taking out
of India to be a place outside India;
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"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;
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"notified commodity", means any
commodity notified under clause (a) of section 6;
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"prescribed", means prescribed by
rules made under this Act;
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"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.
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:-
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a Chairman to be appointed by the Central
Government;
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the Director of Inspection and Quality
Control, ex officio, who shall be the Secretary;
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the Honorary Adviser on Standardization to
the Government of India and Director of Indian
Standards Institution, ex officio;
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the Agricultural marketing Adviser to the
Government of India ex officio;
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the Director-General of Commercial
Intelligence and Statistics, ex officio;
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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.
Director of Inspection of Quality Control:
- 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.
Functions of the Council
- (1) The functions of the Council shall
generally be to advise the Central Government
regarding measures for the enforcement of quality
control and inspection in relation to commodities
intended for export and to draw up programmes
therefor, to make, with the concurrence of the
Central Government, grants-in-aid to the agencies
established or recognised under section 7 and to
perform such other functions as may be assigned to
it by or under this Act.
(2) For the purpose of performing its functions,
the Council may co-opt as members such number of
persons as it thinks fit who have special knowledge
and practical experience in matters relating to any
commodity or trade therein and any such person shall
have the right to take part in the discussions of
the Council but shall not have the right to vote and
shall not be a member for any other purpose.
(3) The Council may also constitute specialist
committees for conducting investigations on special
problems connected with its functions.
(4) In the performance of its functions under
this Act, the Council shall be bounded by such
directions as the Central Government may give to it
in writing from time to time.
Powers of the Central Government in regard to
quality control and inspection
- 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 -
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notify commodities which shall be subject to
quality control or inspection or both prior to
export;
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specify the type of quality control or
inspection which will be applied to a notified
commodity;
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establish, adopt or recognise one or more
standard specifications for a notified commodity;
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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).
Machinery for quality control and inspection:
- (1) The Central Government may, by notification
in the Official Gazette, establish, or recognise
subject to such conditions as it may deem fit,
agencies for quality control or inspection or both;
Provided that if the Central government is of
opinion that any recognition granted to any agency
under the sub-section should, in the public
interest, be withdrawn, the Central Government may,
after giving a reasonable opportunity to that agency
to make representation in the matter, withdraw by
like notification, the recognition granted to it.
(2) Any agency referred to in sub-section (1),
may, on application made to it or otherwise, hold or
cause to be held such examination as it thinks fit
relating to quality control or inspection of
notified commodities either at the time of export or
earlier, in such testing houses or by such surveyors
or samplers as are approved by the Central
Government in this behalf and may charge such fees
as may be prescribed for the purpose of such
examination.
(3) If, after the examination, the agency is of
opinion that the commodity satisfies the standard
specifications laid down in respect of it under
section 6 or, as the case may be, any other
specifications stipulated in the export contract, it
may issue a certificate that the commodity satisfies
the conditions relating to quality control and
inspection.
(3A) Where the agency has reason to believe that
a certificate issued under sub-section (3) has been
obtained fraudulently or by misrepresentation, or
the commodity in relation to which the certificate
is issued has been changed or has deteriorated in
quality, the agency may, by order, amend, suspend or
cancel the certificate in such manner and subject to
such procedure as may be prescribed.
Provided that before amending, suspending or
cancelling any such certificate the holder thereof
shall be given a reasonable opportunity of being
heard.
(4) Any person aggrieved by the refusal of any
agency referred to in sub-section(1) to issue a
certificate or by the amendment, suspension or
cancellation of a certificate under sub-section 3A
may prefer an appeal within such time as may be
prescribed to such authority as the Central
Government may, by notification in the Official
Gazette, constitute for the purpose of hearing
appeals.
(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.
Powers to recognise or establish marks to denote
conformity with standard specifications
- (1) The Central Government may, by notification
in the Official Gazette, recognise or establish any
mark or seal in relation to a notified commodity for
the purpose of denoting that such commodity conforms
to a standard specification applicable to it.
(2) Any such mark or seal affixed or applied to a
notified commodity or to any covering containing, or
label attached to, such commodity being in
conformity with the standard specifications
applicable to it under this Act.
Provided that nothing in this sub-section shall
prevent any officer or customs from examining any
consignment of a notified commodity intended for
export if he has reason to believe that the seal or
mark is not genuine or has been affixed or applied
fraudulently or if such an examination is necessary
for the purpose of any other law for the time being
in force.
Power to obtain information from exporters etc.
- The Central Government or any officer or
authority authorised by it in this behalf may, by
notice published in the Official Gazette, require-
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persons manufacturing, dealing in or
exporting notified commodities; and
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such other persons as may be prescribed, to
furnish any information, return or report which the
Central Government or such officer or authority may
consider necessary for carrying out the purposes of
this Act.
Finance, Accounts and Audit.
- (1) For the purpose of enabling the Council to
discharge its functions under this Act, the Central
Government may, after the due appropriation made by
Parliament or law in this behalf, pay to the Council
such sums of money as that Government considers
necessary by way of grants, loans or otherwise.
(2) For the purpose of discharging its functions
under this Act, the Council may receive grants or
donations from bodies and institutions approved by
the Central Government in this behalf.
(3) The Council shall have its own fund to which
shall be credited the sums of money referred to in
sub-section (1) and (2) and the moneys in the fund
shall be applied for-
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meeting the pay and allowances of the
officers and other employees of the Council and other
administrative expenses of the Council;
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carrying out the functions of the Council
under this Act.
(4) The Council shall prepare, before the
commencement of each financial year, a statement of
programme of its activities during that year as well
as a financial estimate in respect thereof.
(5) A statement prepared under sub-section (4)
shall, not later than three months before the
commencement of each financial year, be submitted
for approval to the Central Government.
(6) The Council shall maintain such accounts and
prepare the balance-sheet in such form as may, in
consultation with the Comptroller and Auditor-
General of India, be prescribed.
(7) The accounts of the Council shall be audited
in such manner and at such times as may, in
consultation with the Comptroller and
Auditor-General of India, be prescribed.
Power to enter and inspect
- A. 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.
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Any commodity which has been changed after
inspection by any agency referred to in sub-section
(1) of section 7; or
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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 accounts or other
documents as he may think fit.
Power to search
- B. If the authorised officer has any reason to
believe that-
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(a) any commodity which has been changed after
inspection by any agency referred to in
sub-section(1) of section 7; or
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(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
secreted in any place, he may enter into and search
such place or premises for such commodity, books of
account, other documents or things.
Power to seize commodities etc.
- C. (1) If the auathorised officer has any
reason to believe that any commodity is liable to
confiscation under this Act, he may seize such
commodity together with the package, covering or
receptacle, if any, in which such commodity is found
and where such commodity is found to have been mixed
with any other goods or materials, he may seize such
commodity together with the goods or materials with
which it is so mixed.
Provided that where it is not practicable to
seize any such commodity, the authorised officer may
serve on the owner of the commodity an order that he
shall not remove, part with, or otherwise deal with,
the commodity except with the previous permission of
such authorised officer.
(2) Where any commodity is seized under
sub-section(1) and no notice in respect thereof is
given under section 10L within six months of the
seizure of such commodity, it shall be returned to
the person from whose possession it was
seized.Provided that the aforesaid period of six
months may, on sufficient cause being shown, be
extended by the Director of Inspection and Quality
Control by a further period not exceeding six
months.
(3) The authorised officer may seize any
documents or things which, in his opinion, will be
useful for, or relevant to, any proceeding under
this Act.
(4) The person from whose custody any documents
are seized under sub-section (3) shall be entitled
to make copies thereof or take extracts therefrom in
the presence of the authorised officer.
(5) If any person legally entitled to the
documents or things seized under sub-section (3)
objects, for any reason, to the retention by the
authorised officer of the documents or things, he
may make an application to the Central Government
stating therein the reasons for such objection and
requesting for the return of the documents or
things.
(6) On receipt of an application under
sub-section (5), the Central Government may, after
giving the applicant an opportunity of being heard,
pass such order as it may think fit.
(7) Where any document -
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is produced or furnished by any person or has
been seized from the custody or control of any
person under this Act or any other law for the time
being in force; or
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has been received from any place outside
India (duly authenticated by such authority or
person and in such manner as may be prescribed ) in
the course of the investigation of any offense
alleged to have been committed by any person against
this Act.
and such document is tendered in evidence against
the person by whom it is produced or from whom it
was seized or against such person and any other
person who is jointly tried, or proceeded against,
with him, the court, or, as the case may be, the
adjudicating authority shall, notwithstanding
anything to the contrary contained in any other law
for the time being in force-
- presume, unless the contrary is proved, that
the signature and every other part of such document
which purports to be in the handwriting of any
particular person or which the court or the
adjudicating authority may reasonably assume to have
been signed by, or to be in handwriting of, any
particular person, is under the person’s
handwriting, and, in the case of a document executed
or attested, it has executed or attested by the
person by whom it purports to have been so executed
or attested;
- admit the document in evidence
notwithstanding that it is not duly stamped, if such
document is otherwise admissible in evidence.
Power to seize conveyances
- D. Any authorised officer may, if he has any
reason to suspect that any conveyance or animal is
being, or is about to be, used for the
transportation of any commodity which is liable to
confiscation under this Act and that by such
transportation any provision of this Act has been,
is being, or is about to be, contravened, at any
time, stop such conveyance or animal or, in the case
of an aircraft, compel it to land, and
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rummage and search the conveyance or any part
thereof,
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examine and search any goods or materials in
the conveyance or on the animal,
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If it becomes necessary to stop any
conveyance or animal, he may use all lawful means
for stopping it and where such means fail, the
conveyance or animal may be fired upon,
and where he is satisfied that it is necessary so
to do to prevent the contravention of any provision
of this Act, he may seize such conveyance or animal.
Explanation - Any reference in this section to a
conveyance shall, unless the context otherwise
requires, be construed as including a reference to
an aircraft, vehicle or vessel.
Search and seizure to be made in accordance with
the Code of criminal Procedure 1973.
- E. The provisions of the Code of Criminal
Procedure, 1973, relating to searches and seizures
shall so far as may be, apply to every search of
seizure made under this Act.
Confiscation.
- F. Any commodity in respect of which -
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a certificate has been obtained from any
agency referred to in sub-section (1) of section (7)
fraudulently or by misrepresentation, or
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any provision of this Act has been, is being,
or is attempted to be contravened,
shall, together, with any package, covering or
receptacle in which such commodity is found, be
liable to confiscation and, where such commodity is
so mixed with any other goods or materials that it
cannot be readily separated, such other goods or
materials shall also be liable to confiscation:
Provided that where it is established to the
satisfaction of the adjudicating authority that any
commodity, which is liable to confiscation under
this Act, belongs to a person other than the person
who has, by any act or omission, rendered it liable
to confiscation, and such act or omission 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.
Confiscation of conveyance
- G. 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
conveyance or animal.
Option to pay fine in lieu of confiscation
- H. Whenever confiscation of any commodity is
authorised by this Act, the officer adjudging it
shall, without prejudice to the provisions of the
proviso to section 10G, give to the owner of the
commodity an option to pay in lieu of confiscation
such fine not exceeding the value of the commodity.
- I. Any person -
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who, in relation of any commodity, does or
omits to do any act which act or omission would
render such commodity liable to confiscation under
this Act, or abets the doing or omission of such an
act; or
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who acquires possession of or is in any way
concerned in carrying, removing, depositing,
keeping, concealing, selling or purchasing, or in
any manner dealing with, any commodity which he
knows or has reason to believe is liable to
confiscation under this Act.
shall be liable to a penalty not exceeding five
times the value of the commodity or five thousand
rupees, whichever is more, whether or not such
commodity has been confiscated or is available for
confiscation.
Confiscation or penalty not to interfere with
other punishment.
- J. No confiscation made or penalty imposed
under the foregoing provisions of this Act shall
prevent the infiction of any other punishment to
which the person affected thereby is liable under
the provisions of this Act or under any other law
for the time being in force.
Adjudication
- K. 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.
Giving of opportunity to the owner of goods etc.
- L. No order of adjudication of confiscation or
imposing a penalty shall be made unless the owner of
the commodity, conveyance or animal or other person
concerned, is given a notice in writing-
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informing him of the grounds on which it is
proposed to confiscate such commodity, conveyance or
animal or to impose a penalty.
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giving him reasonable opportunity of making a
representation in writing within such reasonable
time as may be specified in the notice against the
confiscation or imposition of penalty mentioned
therein, and, if he so desires, of being heard in
the matter.
Appeal
- M.(1) Any person aggrieved by any decision or
order made under this Act may prefer an appeal,-
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where the decision or order has been made by
the Director of Inspection and Quality Control, to
the Central Government;
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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 conditions as it
may impose.
(2) The Appellate authority may, after giving to
the appellant reasonable opportunity of being heard,
if he so desires, and after making such further
inquiries, if any, as it may consider necessary,
pass such orders as it thinks fit, confirming,
modifying or reversing the decision or order
appealed against, or may send back the case, with
such directions as it may think fit, for a fresh
adjudication or decision, as the case may be after
taking additional evidence, if necessary:
Provided that an order enhancing or imposing a
penalty or confiscating commodity of a greater value
shall not be made under this section unless the
appellant has had an opportunity of making a
representation and, if he so desires, of being
heard, in his defence.
Powers of revision
- N. The Central Government may, on its own
motion or otherwise, call for and examine the
records of any proceeding in which an order of
adjudication of confiscation or imposing any penalty
has been made by an officer under this Act and
against which no appeal has been made by an officer
under this Act and against which no appeal has been
preferred, for the purpose of satisfying itself as
to the correctness, legality or propriety of such
order of decision and pass such orders thereon as it
may think fit:
Provided that no decision or order shall be
varied under this section so as to prejudicially
affect any person unless such person -
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has, within a period of two years from the
date of such decision or order, received a notice to
show cause why such decision or order shall not be
varied, and
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has been given a reasonable opportunity of
making a representation and, if he so desires, of
being heard in his defence.
Powers of adjudicating and other authorities
- O.(1) Every authority making any adjudication
or hearing any appeal or exercising any powers of
revision under this Act shall have all the powers of
a civil court under the Code of Civil Procedure,
1908 while trying a suit, in respect of the
following matters, namely-
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(a) summoning and enforcing the attendance of
witnesses;
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(b) requiring the discovery and production of any
document;
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(c) requisitioning any public record or copy thereof
from any court or office;
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(d) receiving evidence on affidavits; and
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(e) issuing commissions for the examination of
witnesses or documents.
(2) Every authority making any adjudication or
hearing any appeal or exercising any powers of
revision under this Act shall be deemed to be a
Civil Court for the purposes of sections 345 and 346
of the Code of Criminal Procedure, 1973.
(3) Every authority making any adjudication or
hearing any appeal or exercising any powers of
revision under this Act shall have the power to make
such orders of any interim nature as it may think
fit and may also, for sufficient cause, order the
stay of operation of any decision or order.
Continuance of proceedings in the event of death
or insolvency.
- P.(1) Where a penalty has been imposed by the
adjudicating authority and -
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no appeal against the order imposing such
penalty has been preferred to the Appellate
authority and the person entitled to file such
appeal dies or is adjudicated an insolvent before
the expiry of the period within which the appeal can
be preferred; or
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an appeal has been preferred to the Appellate
authority against the order imposing such penalty
but the appellant dies or is adjudicated an
insolvent during the pendency of the appeal,
then, it shall be lawful for the legal
representatives, of such person or the Official
Assignee or the Official Receiver, as the case may
be, to prefer an appeal to the Appellate authority
or, as the case may be, to continue the appeal
before the Appellate authority, in place of such
person and the provisions of section 10M shall, so
far as may be, apply or continue to apply to such
appeal.
(2) The powers of the Official Assignee or the
Official Receiver under sub-section (1) shall be
exercised by him subject to the provisions of the
Presidency-towns Insolvency Act, 1909, or the
Provincial Insolvency Act, 1920, as the case may be.
Penalty
- (1) If any person contravenes any order under
clause (d) of section 6, or fraudulently obtains a
certificate under section 7, or fraudulently affixes
or applies any such mark or seal as is referred to
in sub-section (1) of section 8, he shall, on
conviction, be punishable -
-
for the first offence, with imprisonment for
a term which may extend to two years or with fine
which may extend to five thousand rupees or with
both.
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for the second or subsequent offence, with
imprisonment for a term which may extend to three
year and also with fine which may extend to five
thousand rupees and in the absence of special and
adequate reasons to be mentioned in the judgement of
the court, such imprisonment shall not be less than
three months.
(2) Any person who attempts to commit or abets
the commission of an offence punishable under
sub-section (1) shall be deemed to have committed
such offence.
(3) If any person contravenes or attempts to
contravene or abets the contravention of any other
provision of this Act or any rules or orders made
there-under, he shall be punishable with fine which
may extend to one thousand rupees.
Penalty for contravention of order made by
adjudicating authority or Appellate authority.
- A. if any person fails to pay 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.
Offences by officers and employees of agency etc.
- B.(1) If any officer or employee of the Council
or of any agency referred to in sub-section (1) of
section 7, any surveyor, sampler or employee of any
testing house, referred to in sub-section (2) of
that section enters into, or acquiesces in, any
agreement to do, abstains from doing, permits,
conceals or connives at, any act or thing where-by
any provision of this Act is or may be contravened,
he shall, on conviction, be punishable with
imprisonment for a term which may extend to two
years, or with fine which may extend to five
thousand rupees, or with both.
(2) If any officer searches or authorises any
other officer of the Central Government to search
any place without having reason to believe that any
commodity, books of account or documents or things
of the nature referred to in section 10 B are
secreted in that place, he shall, on conviction, be
punishable with imprisonment for a term which may
extend to six months, or with fine which may extend
to one thousand rupees, or with both.
(3) If any officer or employee of the Council or
of any agency referred to in sub-section(1) of
section 7, or any surveyor, sampler or employee of
any testing house, referred to in sub-section (2) of
that section, except in the discharge in good faith
of his duty as such officer or emloyee or in
compliance with any requisition made under any law
for the time being in force, discloses any
particulars learnt by him in his official capacity
in respect of any commodity, he shall, on
conviction, be punishable with imprisonment for a
term which may extend to six months, or with fine
which may extend to one thousand rupees, or with
both.
Correction of clerical or arithmetical mistakes
- C. Clerical or arithmetical mistakes in any
decision or order, or errors, arising therein from
any accidental slip or omission may, at any time, be
corrected by the authority by which the decision or
order was made either on its own motion or on the
application of the aggrieved person:
Provided that where any correction proposed to be
made under this section will have the effect of
prejudicially affecting any person, no such
correction shall be made except after giving to that
person a reasonable opportunity of making a
representation in the matter and no such correction
shall be made after the expiry of a period of two
years from the date on which such decision or order
was made.
Offences by companies
- (1) Where an offence under this Act has been
committed by a company, every person who, at the
time the offence was committed, was in charge of,
and was responsible to, the company for the conduct
of the business of the company, as well as the
company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and
punished accordingly.
Provided that nothing contained in this
sub-section shall render and such person liable to
any punishment, if he proves that the offence was
committed without his knowledge or that he exercised
all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act has
been committed by a company and it is proved that
the offence has been committed with the consent or
connivance of or is attributable to any negligence
on the part of, any director, manager, secretary or
other officer of the company, such directors,
manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be
liable to be proceeded against and punished
accordingly.
Explanation - For the purposes of this section -
-
"company" means a body corporate
and includes a firm or other association of
individuals, and
-
"director" in relation to a firm
means a partner in the firm.
Delegation of Powers
- The Central Government may. by notification
in the Official Gazette, direct that any power
exercisable by it under this Act shall, in relation
to such matters subject to such conditions, if any,
as may, be specified in the direction, be
exercisable also by -
-
the Council;
-
such officer or authority subordinate to the
Central Government, such State Governments or such
officer or authority subordinate to a State
Government as may be specified in the direction.
Procedure for prosecution.
- No prosecution for any offence punishabale
under this Act shall be instituted except by or with
the consent of an officer authorised by the Central
Government by general or special order in this
behalf.
Officers and employees of agency to be public
servants.
- All officers and employees of the Council or
any agency established or recognised under
sub-section (1) of section 7 and all surveyors,
samplers and employees of testing houses, referred
to in sub-section (2) of that section shall, while
acting or purporting to act in pursuance of the
provisions of this Act or any rule or order made
thereunder, be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code.
Protection of action taken in good faith.
- (1) No suit, prosecution or other legal
proceeding shall lie against the Council or any
officer or employee of the Government or the Council
or any agency referred to in sub-section (1) of
section 7 for anything which is in good faith done
or intended to be done in pursuance of this Act or
any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie
against the Government for any damage caused or
likely to be caused by anything which is in good
faith done or intended to be done in pursuance of
this Act or any rule or order made thereunder.
Suspension etc. of operation of the provisions of
the Act.
- A.(1) If the Central Government is satisfied
that circumstances exist which render it necessary
or expedient so to do in the public interest, it
may, by notification in the Official Gazette,
suspend or relax to a specified extent, the
operation of all or any of the provisions of this
Act in respect of such notified commodity or
commodities generally or in respect of any area and
for such notified commodity or commodities generally
or in respect of any area and for such period as may
be specified in the notification.
(2) Where the operation of any provision of this
Act has, under sub-section(1), been suspended or
relaxed, such suspension or relaxation may, at any
time be removed by the Central Government by a like
notification.
(3) Every notification issued under this section
shall be laid as soon as may be after it is issued
before each House of Parliament, while it is in
session, for a total period of thirty days which may
be comprised in one session or in two or more
successive session, and if, before the expiry of the
session immediately following the session or the
successive sessions aforesaid, both Houses agree in
making any modification in the notification or both
Houses agree that the notification should not be
issued, the notification 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 notification.
Powers to make rules
- (1) The Central Government may, by
notification in the Official Gazette, make rule to
carry out the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may
provide for -
-
the travelling and daily allowances payable
to members of the Council, persons co-opted under
sub-section (2) of section 5 and members of
specialist committees referred to in sub-section (3)
of that section;
-
the functions of the Council and the
procedure to be followed by it;
-
the appointment of officers and other
employees of the Council;
-
the procedure to be followed for various
types of quality control and inspection;
-
the conditions which a testing house,
surveyor or sampler should satisfy for purposes of
approval by the Central Government;
-
the fees chargeable for the purposes of
examination and issue of certificates under section
7;
(ff) the manner in which and the procedure
subject to which, any certificate issued under
sub-section (3) of section 7 shall be amended
suspended or cancelled.
-
the filing of appeals under section 7 and the
fees payable therefor;
(gg) the authority or person by which or by whom
and the manner in which, any document received from
a place outside India shall be authenticated.
-
the manner in which the accounts of the
Council shall be maintained and audited;
-
any other matter which is required to be, or
may be prescribed.
(3) Every rule made by the Central Government
under this section shall be laid as soon as may be
after it is made before each House of Parliament
while it is in session for a total period of thirty
days which may be comprised in one session or in two
or more successive sessions and if before the expiry
of the session 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 rules 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.
Act to over-ride other enactments
- As from the date on which a commodity is
notified under clause (a) of section 6, the
provisions of this Act or anything done or any
action taken thereunder shall have effect in
relation to that commodity notwithstanding any
provisions (relating to quality control and
inspection prior to the export of such commodity)
contained in any enactment other than this Act or in
any instrument having effect by virtue of any
enactment other than this Act.
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