2 Definitions
In this Act, unless the context otherwise requires,--            a.       "adjudicating authority" means the authority specified in, or under, section 10K;...
3 Establishment of Export Inspection Council
The Central Government may, by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, a Coun...
4 Director of Inspection and 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 p...
5 Functions of the Council
The functions of the Council shall generally be to advise the Central Government regarding measures for the enforcement of quality control and inspection in...
6 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...
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 qua...
8 Power to recognise or establish marks to denote conformity with standard specifications
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 pur...
9 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-- persons manuf...
10 Finance, accounts and audit
For the purpose of enabling the Council to discharge its functions under this Act, the Central Government may, after due appropriation made by Parliament b...
10A. Power to enter and inspect
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...
10B. Power to search
If the authorised officer has any reason to believe that-- any commodity which has been changed after inspection by any agency referred to in sub-section (...
10C. Power to seize commodities, etc
If the authorised officer has any reason to believe that any commodity is liable to confiscation under this Act, he may seize such commodity together with th...
10D. Power to stop and seize conveyances
Any authorise 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 com...
10E. Search and seizure to be made in accordance with the Code of Criminal Procedure, 1973
The provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures shall, so far as may be, apply to every search or seizure made u...
10F. Confiscation
Any commodity in respect of which-- a certificate has been obtained from an agency referred to in sub-section (1) of section 7 fraudulently or by misrepr...
10G. Confiscation of conveyance
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...
10H. Option to pay fine in lieu of confiscation
Whenever confiscation of any commodity is authorised by this Act, the officer adjudging it shall, without prejudice to the provisions of the proviso to sect...
10-I. Liability to penalty
Any person,-- who, in relation to any commodity, does or omits to do any act which act or omission would render such commodity liable to confiscation unde...
10J. Confiscation or penalty not to interfere with other punishments
No confiscation made or penalty imposed under the foregoing provisions of this Act shall prevent the infliction of any other punishment to which the person ...
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 ...
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 concern...
10M. Appeal
Any person aggrieved by any decision or order made under this Act may prefer an appeal,-- Where the decision or order has been made by the Director of Ins...
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 confisca...
10O. Powers of adjudicating and other authorities
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 cou...
10P. Continuance of proceedings in the event of death or insolvency
Where a penalty has been imposed by the adjudicating authority and-- no appeal against the order imposing such penalty has been preferred to the Appellate...
11 Penalty
If any person contravenes any order under clause (d) of section 6, or fraudulently obtains a certificate under section 7, or fraudulently affixes or appli...
11A. Penalty for contravention of order made by adjudicating authority or Appeallate 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...
11B. Offences by officers and employees of agency, etc
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 ...
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...
12 Offences by companies
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 respon...
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 matte...
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...
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 7 and all surveyors, samplers and emp...
16 Protection of action taken in good faith
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 ref...
16A. Suspension, etc., of operation of the provisions of the Act
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 notific...
17 Power to make rules
The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. 1 Ins. by Act 40 of 1984, s. 8 (w.e.f...
18 Act to override other enactment
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 ...
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