REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 25] NEW DELHI, SATURDAY, JANUARY 18, 1969/PAUSA 28, 1890
Separate paging is given to this part in order that it may be filled as a separate compilation
MINISTRY OF COMMERCE
NOTIFICATION
New Delhi, the 18th January 1969
S.O. 277.—In exercise of the powers conferred by section 17 of the Export (Quality Control and Inspection) Act, 1163 (22 of 1963), the Central Government hereby makes the following rules further to amend the Export (Quality Control and Inspection) Rules. 1964, namely:—
1. These rules may be called the Export- (Quality Control and Inspection) Amendment Rules, 1969-
2. In the Export (Quality Control and Inspection) Rules, 1904,—
(1) for rule 13i, the following rule shall be substituted namely:—
" 1 3. Approval of testing houses, surveyors and samplers-—-(I) f or t he p u r- pose of obtaining approval of the Central Government under sub- section (2) of section 7, the officer in charge of the testing house or the surveyor or the sampler shall submit an application to the Director in Form I, containing a detailed statement of particulars of the equip- ments and facilities available In the testing house or of the scheme of inspection or test which the surveyor or sampler follows for conduct- ing physical and chemical tests, previous experience, the stall work- Ing in the testing unit and a general outlay of the premises in which the testing and sampling is proposed to be conducted.
(2) After the receipt of the application, the Director may direct the appli- cant to furnish any supplementary information or documentary evi- dence In support of any statement made by him in the application, within such time as may be specified in the direction and where the applicant fails to comply with such direction, his application shall be liable to be rejected.
85
86 T HE CiAZKTTR OF INDIA EXTRAORDINARY [PAKT I I-(3) The Director shall place the application together with the particulars and other information furnished by the applicant before the Council, which shall, after making such enquiries as it deems fit in the matter, :Tiakf recommendations to the Central Government as to whether approval may be given or net.
(4.i While making the recommendations, the Council shall also specliy the amount oi cash security or the nature of surety that the applicant. shall furnish before approval is given.
(5) After considering the recommendations of the Council, the Central1 Government may uceord approval to the. testing house, surveyor or sampler, as the case may be, and where euch approval is accorded, tbe Central Government shall require the officer in charge of the testing house or the surveyor or the sampler to execute a bond with such cash security or surely as is necessary for the purpose in the prescribed form
(6) After the applicant has executed the required bond, the Central Gov- ernment shall issue the notification under sub-section (2) of section 7 uric) also issue a certificate in Form II to the applicant which shall tte vnlid for such period not exceeding one yea* as may be specified [herein.
(7) The Central Government may, on an application made in this behalf, at least one month before the expiry of the period for which a certificate has been granted, renew the same for a period not exceeding; three years nt a tir.ne.
(8 Every person in charge of a testing house and every surveyor aild every sampler approved under this rule shall submit to the Directorate a half-yearly statement containing the following particulars namely:—
(I) number ol applications received for testing or sampling or surveying;. (ii) number of applications attended to; (ill) number of cases where certificate of quality has been issued; (iv) quality ano value of goods dealt with;
(v) number oi cases where certificate of quality has been refused."
(2) For forms 1 and II. the following forms shall be substituted, namely:—
"FORM T
Application for recognition cis Testing House /Surveyor ."jainplti"
[Sec rule 13(1)]
PART I
To
Tile Director of Inspection and Quality Control, Ministry of Commerce, Government of India, New Delhi
Sir,
1/We, tiie firm known under the name and style
desire to be recognised as approved Testing House/Surveyor (s) /Sampler(s) lor the pre-shlpment inspection of the following commodities and furnish the detailed Particulars in Part II of tho application.
2- I/We hereby declare that I/We shall when called upon to do so execute a bond in proper form with such security as may be required binding myself/our- selves to faithfully carry out the duties prescribed under the Act or the Rules or by any ortJer issued by the Director on behalf of the Central Government
S"c 3 (li) ] THE GAZETTE OF INDIA EXTRAORDINARY 873. I/We hereby enclose a crossed bank draft of Rs as lee (The fee is not refundable whether the applicant is given recognition or not).
4. I/We agree to undertake the work of testing, survey or sampling at the rates prescribed by the Central Government.
5. I/We have read the rules regarding the pre-shipment inspection, testing survey and sampling and undertake to abide by them-
Yours faithfully,
Signature and Seal or Stamp of the
applicant
"FORM IT
Names of the constituents of the ilrm with their position and extent r,i Interest
Names Position and extent of Interests.
2 Places where branch offices and laboratories nre situated-
a. Detailed account of each laboratory—
(a) Names and description of instruments, etc., available. (b) Other equipments available. (c) Names and qualifications of the technical staff working in theae laboi atoriee.
4. Previous experience in the Held, if any.
5. Names of 10 exporters or foreign importers, on whose behalf the in-
spections, surveying and sampling, etc., was done-
6. Names of Commodity and thr total quantity surveyed/inspected/sampled.
7. Whether any of these gurvey reports were rejected by the bmyer? If so, the details may be given-
8. How lon^ employed In the business of Inspection/surveying/sampling. 9. Refereee, If any: (Here mention the names of -1 respectable export houses and 3 foreign import houses whom you like 1o mention as referees for reputation of business).
10. Names of the bankers to whom references can be made about the financial position of the applicant.
Signature and seal or Stamp of the
aDDlicant.
CERTIFICATE No.
FORM II
[See rule 13(6)]
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE
Certificate of approval of testing house/surveyor/sampler. In terms of section 7(2) of the Export (Quality Control and Inspection) Act, 1963, the Testing House/ Surveyor(s)/Sarnplfer(s), whose particulars ure given below having complied with the prescribed procedure is/are approved by the Central Government for testing/, surveying/sampling, commodities that are intended for export
Name: '
Address:
,
Location of Laboratory/Testing House;
. . . ..
II. This approval enables its holder to carry out examination of commodities and to issue certificate of examination in the matter provided in the Export
88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(ii)](Quality Control and Inspection) Act, 1963. and Rules and Orders issued there- under and further to charge such fee, as is notified by the Central Government, from the owner -whose goods are examined-
III. This approval shall be valid from
to
, and may be renewed &s prescribed in the Export (Quality Control and Inspection) Rules. 1', 64.
Director of Inspection and Quality Control, for and on behalf of the Government of India" NEW DELHI: Date:
[No. 40(l)Exp.Insp./67.1
A- C. BANERJEE, Jt. Secy.