Wednesday 11 February 2015

The Export (Quality Control And Inspections) Act, 1963- An Overview

Act 1963 ("the Act") Export (Quality Control Inspections) was enacted on 08/24/1963. As the name of the law indicates, is mainly used for quality control, pre-inspection of goods exported and actual trade in India. Under this law nearly 1000 major commodities such food for footwear, etc., were considered mandatory before export. Later stage, foodstuffs, agricultural and fishery products were exempt from prior inspection if the exporter has a genuine letter from overseas buyer showing their carelessness in the pre-inspection.



As this may be the State, the Council Export Inspection (EIC) that forms in Section 3 of the Act to ensure quality control, inspection and actual trade of goods that are exported. It has a President with 17 members appointed by the Central Government. EIC extends its role in the management of the elements related to food products. This advisory Council empowers and regulates the central government for taking steps to fulfill the purposes of this Act. EIC not only exercises powers of advice, but very much on the technical and administrative aspects. Central Government under the guidance of EIC international standards inspects the goods and use the appropriate mechanism to inspect the quality control.

EIC has control over several export Inspection Agencies (EIA) in the configuration in several states of our country through the Ministry of Commerce, Government of India under Article 7 of the Act. EIC made a trend setting in providing quality certification of export products through systematic inspection of products exported to international markets. Consignment wise inspections, certifications based Systems Food Safety Management in process quality control and Self-Certification are the main systems of inspections for certification.

EIC under this Act is a principal organ may constitute special committees if it feels necessary for the purposes of this Act. Similarly, consisting EIC Administrative, Technical and Standing Committees to perform their delegated functions. EIC is strengthening its functions and powers to permit effective trade in international markets through measures of quality control and pre-inspection systems. EIC extends its role in food and food related products.

This Act was amended in 1984 through the Export (Quality Control and Inspection) Amendment Act 1984. Under the Central Government may make appropriate necessary for effective export trade of India with the help of Council through notification in the Official Gazette. According to Article 6 of the Act, may notify any goods searching for quality control or pre-inspection before export or both. This government can declare or disclose the methodology of control and inspection of commodities that have on quality. Can take any number of standards specifications notified merchandise.

The Central Government may at any time refuse any number of commodity exports if it is not properly certified or breached in any specification that must be fulfilled for the export trade of India. You may cancel, suspend or modify certification if necessary. Any person aggrieved in subsection 3A may appeal within the time specified by the Central Government by notification in the Official Gazette. No appeal under decision under Article 6 of the Act.

The Central government has enormous powers under the intended quality control and inspection for efficient export trade in India. You can record the compliance of the standard specifications. It has powers to obtain information from exporting. Central to the approval of Parliament Government can finance through grants, loans, etc., to the Council to fulfill its role in this Act. He has power to enter, search, inspect and seize commodities.

Search and seizure under this Act shall be made in accordance with the Code of Criminal Procedure of 1973. There are various penal provisions for the unlawful act or omission of any. Recourse provisions are also available for previous criminal penalties. No one should be punished without the consent of the authorities of the Central Government. Similarly, there are no legal proceedings that may be taken against the board, officers and employees of the Central Government, if you have done something good faith within the scope of this Act. Last but not least, the central government you can frame any number of rules and regulations in good faith under this Act by notification in the Official Gazette.