Power to make rules

Section 17 of the Export (Quality Control and Inspection) Act, 1963 deals with power to make rules. The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. The Act came into force on 01 Jan 1964.

(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.

Section 17, The Export (Quality Control and Inspection) Act, 1963 (Act 22 of 1963).