The Export (Quality Control and Inspection) Act, 1963
Administered Ministry: Ministry of Commerce and Industry / Department of Commerce
Section
Section 10K Adjudication.
1[10K. Adjudication.--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.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 10L Giving of opportunity to the owner of goods etc.
1b@[10L. Giving of opportunity to the owner of goods etc.--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--
(a) informing him of the grounds on which it is proposed to confiscate such commodity, conveyance or animal or to impose a penalty;
(b) giving him a 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.]
(a) informing him of the grounds on which it is proposed to confiscate such commodity, conveyance or animal or to impose a penalty;
(b) giving him a 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.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 10M Appeal
1@[10M. Appeal.--(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 conditions as it may impose.
(2) The appellate authority may, after giving to the appellant a 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 afresh 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.]
(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 conditions as it may impose.
(2) The appellate authority may, after giving to the appellant a 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 afresh 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.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 10N Powers of revision.
1[10N. Powers of revision.--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 any 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 or 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--
(a) 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
(b) has been given a reasonable opportunity of making a representation and, if he so desires, of being heard in his defence.]
Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person--
(a) 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
(b) has been given a reasonable opportunity of making a representation and, if he so desires, of being heard in his defence.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 10O Powers of adjudicating and other authorities.
1[10-O. Powers of adjudicating and other authorities.--(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 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) a summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(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 345and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(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 an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order.]
(a) a summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(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 345and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(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 an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 10P Continuance of proceedings in the event of death or insolvency
1[10P. Continuance of proceedings in the event of death or insolvency.--(1) Where a penalty has been imposed by the adjudicating authority and--
(a) 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
(b) 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 (3 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.]
(a) 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
(b) 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 (3 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.]
1. Ins. by Act 40 of 1984, s. 5 (w.e.f. 2-7-1984).
Section 11 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--
(i) 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;
(ii) for the second or subsequent three offence, with imprisonment for a term which may extend to 1[three years] 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 judgment 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 subsection (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 thereunder, he shall be punishable with fine which may extend to one thousand rupees.
(i) 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;
(ii) for the second or subsequent three offence, with imprisonment for a term which may extend to 1[three years] 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 judgment 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 subsection (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 thereunder, he shall be punishable with fine which may extend to one thousand rupees.
1. Subs. by Act 40 of 1984, s. 6, for "two year" (w.e.f. 2-7-1984).
Section 11A Penalty for contravention of order made by adjudicating authority or Appellate authority.
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. Ins. by s. 7, ibid. (w.e.f. 2-7-1984).
Section 11B Offences by officers and employees of agency, etc.
1[11B. Offences by officers and employees of agency, etc.--(1) 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 enters into, or acquiesces in, any agreement to do, abstains from doing, permits, conceals or connives at, any act or thing whereby 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 10Bare secreted in that place, he shall, on conviction, be punishable withimprisonment 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 sub-section (2) of that section, except in the discharge in good faith of his duty as such officer or employee 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.]
(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 10Bare secreted in that place, he shall, on conviction, be punishable withimprisonment 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 sub-section (2) of that section, except in the discharge in good faith of his duty as such officer or employee 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.]
1. Ins. by s. 7, ibid. (w.e.f. 2-7-1984).
Section 11C Correction of clerical or arithmetical mistakes.
1[11C. Correction of clerical or arithmetical mistakes.--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.]
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.]
1. Ins. by s. 7, ibid. (w.e.f. 2-7-1984).
Section 12 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 any 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 director, 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,--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing contained in this sub-section shall render any 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 director, 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,--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 13 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 and subject to such conditions, if any, as may be specified in the direction, be exercisable also b--
(a) the Council;
(b) such officer or authority subordinate to the Central Government, or such State Government or such officer or authority subordinate to a State Government as may be specified in the direction.
(a) the Council;
(b) such officer or authority subordinate to the Central Government, or such State Government or such officer or authority subordinate to a State Government as may be specified in the direction.
Section 14 Procedure for prosecution.
No prosecution for an offence punishable 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.
Section 15 Officers and employees of agency to be public servants.
All officers and employees of the Council or of any agency established or recognised under sub-section (1) of section 7and 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 there under, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 16 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.
(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.
Section 16A Suspension, etc., of operation of the provisions of the Act. 1 docs
1[16A. Suspension, etc., of operation of the provisions of the Act.--(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 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 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 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.]
(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 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 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.]
1. Ins. by Act 40 of 1984, s. 8 (w.e.f. 2-7-1984).
Section 17 Power to make rules. 41 docs
(1) The Central Government may, by notification in the Official Gazette, make rules 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--
(a) 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;
(b) the functions of the Council and the procedure to be followed by it;
(c) the appointment of officers and other employees of the Council;
(d) the procedure to be followed for various types of quality control and inspection;
(e) the conditions which a testing house, surveyor or sampler should satisfy for purposes of approval by the Central Government;
(f) the fees chargeable for purposes of examination and issue of certificates under section 7;
1[(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;]
(g) the filing of appeals under section 7 and the fees payable therefore;
1[(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;]
(h) the manner in which the accounts of the Council shall be maintained and audited;
(i) 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 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.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) 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;
(b) the functions of the Council and the procedure to be followed by it;
(c) the appointment of officers and other employees of the Council;
(d) the procedure to be followed for various types of quality control and inspection;
(e) the conditions which a testing house, surveyor or sampler should satisfy for purposes of approval by the Central Government;
(f) the fees chargeable for purposes of examination and issue of certificates under section 7;
1[(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;]
(g) the filing of appeals under section 7 and the fees payable therefore;
1[(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;]
(h) the manner in which the accounts of the Council shall be maintained and audited;
(i) 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 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. Ins. by s. 9, ibid. (w.e.f. 2-7-1984).
2. Subs. by Act 40 of 1984, s. 9, for "immediately following the session", (w.e.f. 2-7-1984).
2. Subs. by Act 40 of 1984, s. 9, for "immediately following the session", (w.e.f. 2-7-1984).
Section 18 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 there under 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.