The Export (Quality Control and Inspection) Act, 1963
7.Machinery for quality control and inspections.
- 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:
68.Provided that if the Central Government is of opinion that any recognition
granted to any agency under this sub-section should, in the public interest, be
withdrawn, the Central Government may, after giving a reasonable opportunity to
that agency to make representations in the matter, withdraw, by like
notification, the recognition granted to it.
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.
- 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.];
- Any person aggrieved by the
refusal of any agency referred to in sub-section (1) to issue a certificate 1*[,
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.
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.
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.
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