The Export (Quality Control and Inspection) Act, 1963

(1) This Act may be called the Export (Quality Controland Inspection) Act, 1963. (2) It extends to the whole of India. (3) It shall come into force on such date 1as the Central Government may, by Notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- 1[(a) "adjudicating authority" means the authority specified in, or under, section 10K; (ab) "Appellate authority" means the appellate authority referred to in section 10M;] 2[(ac)]"Council" means the Export Inspection Council established under section 3; (b) "export", with its grammatical variations and cognate expressions, means taking out of Indiato a place outside India; (c) "inspection", in relation to a commodity, means the process of determining whether a batch ofgoods in that commodity complies with the standard specifications applicable to it or any otherspecifications stipulated in the export contract generally by inspecting either the whole batch or aselected 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 acommodity (whether during the process of manufacture or production or subsequently) in order toascertain whether it satisfies the standard specifications applicable to it or any other specificationsstipulated in the export contract and whether it may be accepted for purposes of export.

(1) The Central Government may by notificationin the Official Gazette, establish, with effect from such date as may be specified in the notification, aCouncil 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 IndianStandards 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)4[fifteen] other members nominated by the Central Government three of whom shall bepersons representing the agencies referred to in section 7. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power to acquire, hold and dispose of property and to contract, and shall by the saidname sue and be sued. (3) The term of office of, and the manner of filling casual vacancies among, the members of theCouncil referred to in clauses (a) and (f) of sub-section (1) and the travelling and daily allowancespayable to the members of the Council and the procedure to be followed in the discharge of its functionsby 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, orany 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 mayappoint such officers and other employees as it considers necessary for the purpose of discharging itsfunctions under this Act.

The Central Government shall appoint a Directorof Inspection and Quality Control to exercise such powers and perform such duties under this Act as maybe prescribed.

(1) The functions of the Council shall generally be to advise theCentral Government regarding measures for the enforcement of quality control and inspection in relationto commodities intended for export and to draw up programmes therefore, to make, with the concurrenceof the Central Government, grants-in-aid to the agencies established or recognised under section 7 and toperform such other functions as maybe 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 ofpersons as it thinks fit who have special knowledge and practical experience in matters relating to anycommodity or trade therein and any such person shall have the right to take part in the discussions of theCouncil 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 specialproblems connected with its functions. (4) In the performance of its functions under this Act, the Council shall be bound by such directionsas the Central Government may give to it in writing from time to time.