to tiie expljrt \ quali tv cuntkul mid insp ectilji'~) /lmenilvl ent b1 ll, l'd:~ 3 l-ide/as id!-e5?9}l£~q_tn luk~ha7 ~r "proceedings" ~ "prvce-eding" 2 page 3, line 1'-,-onit "other"  _ 3 page 4, line 10,-for notl! -read 11 or" 4 page 5, line 14,-aftee "con veyan c e" insu1 "or animal" 5 page u, line 18,-i£e "0 r" ~ "of" \j page" line 31", !2£ "notificaion" read "notification" 7 p age \oj, lin e 3'1,-!££ "afer" ~ 11 after" 8 page 10, line 18,-fur 11 ned" ~d_ "need" -"1 page 10, line 10 from wttom,-w "i s sum ed 11 read "i ssued" -----  10 pa9<-; 11, line () from bottom,-for tj commod i ties u £11 ~ "commodit ies or" --11 page 13, line 5 frvrn tottom,· fur "auhority" ~sl  "authority" ~  - bill no 133 of 1983  the export (quality control and inspection) amendment bill, 1983 a billto amend ·the export (quality control and inspection) act, 1963 be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 (1) this act may be called the export (quality control and short inspection) amendment act, 1983 title and cornmence_ ment 5 (2) it shall come into force on such date as the central government may by notification in the official gazette, appoint 22 of 1963 amendment of section 2 %, in section 2 of the export (quality control and inspection) act, 1963 (hereinafter referred to as the principal act), clause (a) shall be relettered as clause (ar), and before clause (ac) as so re-iettered, the 10 foilowing clauses shall be inserted, namely:-'(a) "adjudicating a"uthority" means the authority specified in, or under, section 10k; (ab) "appellate authority" means the appellate authority referred to in section 10m;' amendmeat of section 3 amendment of section 7 4 in section 7 of the principal act,--(0) after sub-section (3) the following sub-section shall be inserted, namely:- (3a) where- the agency has reason to believe that a certificate issued under sub-section (3) has been obtained fraudulent-5 , ly or by misrepresentation, or the commodity in rel~tion to which the certificate is issued has been ('hanged 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: 10 provided that before amending, suspending or cancelling any such ~rtificate the holder thereof shall be given a reasonable opportunity of being heard"; (b) in sub-section (4) after the words "a certificate", the words, brackets, figure and letter ", or by the amqndment suspension or '5 cancellation of a certificate under sub-section (3a) ," shall be inserted insertionot 5 after section 10 of the principal act, the following sections shall be inserted, namely:-sections loa to lop power to enter and inspect 'loa  'i1ie diredor 01 jlllpedioa  qu:alit~, coldrol or any oftitel' of tile cellini goyera  by hi  in "ritina 10 this b8d !u (m  referred to 85 die ",rised 01ich") may eater at my reason-we  -y 1ft  ill -wlddl (a) , ~ wiiidi  iteen ~ after ir!ljm!dion by y ,  red to iii _lecfioi! (1) of section 7; or (b) , boob of 8ccoudt or odier tiocutue" or ~ which 25 id  wli be  for, or ~vant to, an~' proceedin under tills act, are suspected to have been 'kept or concealed and inspect such commodity, 'hooks of bffount, other documents or things ad may take such notes or extracts frem such hook" of account or other doeu- 3u ments as he may thin~ fit power to search (0)  y mnuaodity "weh  been ('h8ftl!'e~ aftc1' in~jwdif\ll by , iigeiicy referred to in !illb-5edion (1) of 'le(tion 7; or (b) y boob of account or other _'iments or thintrs "hich in :i5  , wid be ueful for, or ~ievant to an, proceed under tills ad,  -power to seize commodjtie~, et'c are secnrd ill aay place, he imy enter ito and llieftfth midi ~ or premkh for iikh coidiihmfity hooks of account; odter documeats 61' thin,", loc (1) u tbel8dllorisn oricer lj,15 a  \' reason to believe tlmt inv 40 corlillodity is ubie to confiscation under thk 1\ ct be may ~ize !illch conanodity foietber wida the packat!e, roverin~ or receptacle, if an,', in witidi :ii foihiodity if! folllld and where suelt commodity is fmntd to have been _eel with any other ,oom or  ~ri,15 ik- ma\' ~l'il~ !f(nclt connaodity toaether with ~ ~s or materink with "'hieh it i  so mh:ed: 45 provided thqt where it i!'; not practicable to seize any such commodity, the authorised officer may serve on tnt» 'lwn':!r of the commodity an order that he sha11 not rc't\ov{' part with or otherwise deal with, the commodity except with the previous permission of such authorised officer 5 (2~ where any commodity is seized under sub-section (1) and no notice 10 respect th~reof is given under section 10l within six months of the seizure of such commodity, it shall be returned to the person from whose possession it was seized: pro\'ided that the aforesaid period of six months may, on sufficient eause being shown, be extended by the director of inspection and quality control by a further period not exceeding six months 10 (3) the authorised officer may seize any docume~ts or things which, in his opinion, will be useful for, or relevant to, any proceeding under thi" t\ct (4) the person from whose custody any documents are seized under sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence oc the authorised officer 15 (5) if any person legally entitled to the documents or other things seized under sub-section (3) objects, for any reason, to the retention by the 8'uthorised officer of the documents or things, he may make an application to the central government stating therein the reasons for such objection and requesting for the return of the documents or things (6) on rf'ceipt of an application under sub-section (5), the central government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit (7) where any document-30 35 45 (a) is produced or furnished by any person or has been seized from 1he custody or control of any person under this act or any other law for the time being in force; or (h) has been received from any place outside india (duly 3uthentic<1ted by such a"'lthority or person and in such manner as may be prescribed) in the course of the investigation of ally offence alleged to have been committed by any person agatdlt this act, and such documl'nt is tendered in evidence against the person by whom it is 'produced or from whom it was seized or against such person and any other person who is jointly tried, or proceeded against, with him, the court, or, as the case may be, the adjudicating authority shall, notwithstanding anything to the contrary contained in rny other law for the time being in force,-(i) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court or the adjudicating authority may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is under that person's handwriting, and, in the case of a document executed or attested, it was executed or attested by the person by whom it purports to have been so executed or attested;  (ii) admit the dpcument in evidence notwiths~anding ~hat it is not duly stamped, if such document is otherwlse admissible in qvidence power to stop and seize conveyances iod ady  tiiori8ecl ofticer may, if be 11m any reiiiod to  pftt  at y conveyaace or anlmai is being, or is &boat to be,  for tile en-portation of any  coiilidodity whic:b is liable to coaftscadon udder tills ad and tbat by -=h tnsportation my provisioa of this act has beed, is beiii& or 18 about to be, contravened, iii y tde stop sudi c:onvey:e 01' 5 imal or, in the cir of _ aircraft, compel it to imd, and (a) nlfdlllllle and sawda tile ~ or any part diereof, (b) esamiae and se8l'ch any goods or ld8teriais in tile codfty8llce or od tile  (c) if it becomes nec:ul!illlry to stop ady coiiveyaace 01  , lie 10 _y dse - 1a"'111 _for stoppiiia it -i wbere iiuda  bii, tile codveyaace or ani  y be fired apoa, and wiiere he is atisfieci that it is mee - , 80 to do to preveat tile contrayeldioa of _y provision 01 this act, lie may lei sadi colmyuce or explanation-any raference in this section to a conveyance shall, unless the context otherwise requires, be construed as including a reference to an aircraft, vehicle or vessel selu"ch and loe the provision5 of the code of criminal procedure, 1973, 2 of 1974 relating to searches and seizures shall, so far as may be, apply to ~o ev~ry search or seizure made under this act seiz~ to be made in accordance with the code of criminal proce dure, 1973 conftscation 1 of any commodity in respect of which-(a) a certificate has been obtained from an agency referred to in sub-section (1) of section 7 fraudulently or by' misrepresen-~uoo,m ~5 (b) any provision of this act has been, is being, or is attempted to be, contravened, shall, togeth~r with any package, coveribg or receptacle in which such commodity is found, be liable to confiscation and, where such commodity is so mixed with any other goods or materials that 30 it cannot be readily separated, such other goods or materials ~hall also be liable to confiscation: provided that where it is established to the satisfaction of the adjudicating authority that any commodity, which is liable to confiscation under this act, belongs to a person other than the person, 35 who has, by any act or omission, rendered it liable to confiscation, and such act or omission was without the knowledge or connivance of the person to whom it belongs such commodity shall not be ordered, to be confiscated; but such othqr action as is authorised by this act may be taken against the person who has, by such act or orniasion, 40 rendered such commodity liable to conftacation log any conveyance or animal which hrs been, is being, or is confisca-~ttempted to be, used for the transport of any commodity which is tion of liable to confiscation under this act, shall be liable to confiscation con-~nl~s the own'ar of the conveyance or animal proves that it was, veyance is being, or is about to be, so used without the knowledge or conni-5 vance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had tak~n all reasonable precautions against such use: provided that in the case of a conv~yance or animal used for 10 the transport of goods or passengers for hire, the o,wner of the conveyance or animal shall be given an option to pay, in lieu of confiscation of thl' conveyance or animal, aftne not exceeding the value of the commodity which has been, is being, or is attempted to be, transported by such conveyance~ option to pay finc in lieu of confiscation 15 10h whenever confiscation of any commodity is authorised by this act, the offi~r adjudging it shall, without prejudice lo the provisions of the proviso to section log, give to the owner of the :ommodity an optian to pay in lieu of confiscation such fine not exceeding the value of the commodity 10-1 any person,-liability to penalty (a) who, in relation to any commodity, does or omi~ to do any act which act or omission would render such commodity liable to confiscation under this act, or abets the doing or o~is­sion of such an act; or (b) who acquires possession of or is in any way concerned in carrying, removing, deposi hng, keeping, concealing, selling or purchasing, or in any manner dealing with, any commod;ty which he knows or has reason to believe is liable to confiscation under this act, shall be liable to a penalty not exceeding five times the value of the commodity or five· thousand rupees, whichever is more, whether or not such commodity has been confiscated or is available for confiscation loj no confiscation made or penalty imposed under the foregoing  ' of thl's act shall prevent the infliction of any other provisions , d h  h nt to which the person affected thereby is liable un er t e pums me h  be'  provisions of this act or under any other law for t e time mg in force confiscationor penaltynot to interfere with other punishments adjudica tion 10k any confiscation may  be adjudged or penalty dmqay ii!;  this act by the director tof idspeetion an ua imposed under h directs by a general or special order, by control, or, where e so , any oftleer subordinate to him lol 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 concerned, is given a notice in writing-· giving ofop portunity to the owner of goods, etc (a) infurming him of the grounds on which it is proposed 5 to confiscate s'uch commodity, conveyance or animal or to impose a penalty; (b) giving him a reasonable opportunity 8f making a representation in writing within such reasonable time as may be specified in the notice against the confisc~tion or imposition 10 of penalty mentioned therein, and, if he so desires, of being heard in the matter appeal 10m (1) aay penoa  ed it, uy dedliea or order idiide aader lids act 1m)'  ad  ,ellte a) where the decisiod or order bas beed madelty the direc- j 5 lor of iiiirpedioii mel qaiiiity coiitrol, to tile central ~en_eiit; (b) wilen  dediioa or  11m  by 1liiy oiker _az   tile ~ or iiiirpedioii  qaiity comroi, to  director of inspection iiltiii qaality centrol -  &i period of forty-1ft days froid tile diite oa whkii tile dec or ~o  is 8ei"ft!d ob m per!ioil: provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferling the appeal within the aforesaid period of forty-five days, allow stich appeal to be preferred within a further period of forty-five 25 days: provided further that in the case of an appeal against an order imposing a penalty, no such appeal shall be enterfaihed unless the amount of the penalty has been deposited by the appellant: provided also that where the appellate authority is of the 30 opinion that the deposit to be made will cause undue hardship to the appellant, it may, at irs discretion dispense with such deposit either unconditionally or subject to such conditions as it may impose (2) the appellate authority may, after giving to the appellant 35 a reasonable opportunity of being heard, if he so desires, and after makin~ such further inquiries, if any, as it may consider necessary, pass such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case, with such directions as it may think fit for a fresh adjudication or 40 decision, as the case may be, after taking additional evidence, if necessary: provided that an order enhancing or imposing a penalty or confiscating commodity of a greater value shall not be made under this section unless the appellant has had an opportunity of 45 making a representation and, if he so desires, of being heard, in his defence powers of revision ion the central gvem~ent may, on its own motion or otherwise, call for and examine the records of any proceeding in which an order of adjudication of confiscation or imposing any 50 penalty has been made by any officer under this act and against which no appeal has beep preferred, for the purpose of satisfying itse~ as to the correctness, legality or propriety of such order or decision and pass such orders thereon as it may think fit: provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person-5 (4) has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and (b) has been given a reasonable opportunity of making 8 representation and, if he so desires, of being heard in his defence 10 1()"() (1) 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 court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:-powcrsof adjudicating and other authorities 5 of 1908 (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; sio (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses llr documents (2) every authority making any adjudication or hearing any appeal or exercising any powers of revision unde!' this act shall be deem~d to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 2 of 1974 3° 35 continuance of proceedings in the event of death or in~l­veney (1) every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall have the power to make such orders of an interim nature as it may think fit and may also for sufficient cause order the stay of op~ration of any decision or order lop (1) where r penalty hac; baen impose'd hy tll£' adjudicating authority and-(a) no appeal against the order imposing such penalty has been preferred to thp appellate authority and the person entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the appeal can be preferred; or (b) fin appeal has been preferred to the appellate author~ty against the order imuosing su~h penalty but the appellant dies or is adjudicated an in~olvent during the pendency of the appeal 45 then it shall be lawful for the legal representativ~s of such person or the official assignee or the official receiver, as the case lj}ay be, to prefer nn appeal to the app!llate authority or, as t?e c~se may be, to continue the appeal before the appellate authority, in place h nd the provisions of section 10m shall so far a~ may of sue !jerson a be apply or continue to apply to such appeal (2) the powers of the official assignee o~ the ~fficial receiver under sub-section (1) shall be exercised by him sub,ect to the pro-50 visions of the presidency-towns insolvency act, 1909, or' the provincial insolvency act, 1920, as the case may be' g in sub-section (1) of section 11 of the principal act, in clause (ii), for the words "two years", the words "three years" shall be substituted 7 aftpr section 11 of the principal act, the following sections shall 5 be inserted, namely:-"ua if any person fails to pay the penalty imposed by the adjudicating or the appellate' ,authority or fails to comply with any direction or oreler 'made ~r ~ to hav~ been made, under this act, he sh8h on conviction, be punishable w'ithimpdso'lunent for 10 a term which may extend to two years, or with fine, or with both amend-_ ment of 8cction 11 lilserlion of new seclions lla lib and lie penalty for contrav('ntion of order made by adjudical ing authority or appellate authority offences by officers and employees of agency, etc lib (j) n any officer or employee of too councilor of any agency referred to in sub-section (1) of section 7, or any surveyor, sampler or employee of any te~ng house, referred to in sub-eectlon (2) of that section enters into or acquiesces in, any agreement to 15 do abstains from doing, permits, conceals or connives at, any act or thing wbereby any provision of this act is or may be contravened, he shau, on conviction, be punisbable with imprisonment for a ·term which may extend to two years or with fine which may exteftd to five thousand rupees, or with both slo (z) if any officer searchtls or authorises any other oftlcer of the central government to search any place without having reason to believe that any commod;ty books of account or documents or things of the nature referred to in flection lob are secreted in that place he shall, on conviction, be punishable with imprisonment for 125 a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both (3) if any officer ot employee of the council or of any agency referred to in sub-section (i) of section 7, or any surveyor, sampler or' employee of any testing house, referred to in sub-seetio'tl (2) of 30 that ~ection, except in the dischar~e in good faith of his dllty as such officer or employee or in complinnce with any requisition made unde:r any law for the time beinjl: in force discloses any particulars learnt by him in his official capacity in respect of any commodity, he shall, on conviction be punishable with imprisonment 35 for' a' term which may extend to six months or with flne whlch may exrend to one thousand rupees, or with both lic clerical or 8rit~tical mi!ltnkes in any decision or order or errors arising therein from any accidental slip or omission may, correction of clerical or arith_ metical mistakes at any time, be corrected by the authority by which the decision or 40  order wail made either on its own motion or on the application of the d[zgrieved person: 5 provided that where any correction pi oposed to be made under this section wil~ have the effect of prejudicially affecting any person, no s'uch correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of a period of two years from the date on which such decision or order was made'~ 8 after section 16 of the principal act, the following section shall be inserted, namely:-"16a (1) if the central government is satisfied that circ"olmstances exiljt which render it necessary or expedient so to do in the, public interest, it may, by 'notification in, the official gazette, sus· pend or relax to a specified extent, the operation, of all or any of the provisions of this act in respect of such notified commodity or commodities generally or in respect of any area and for sucn period as may be specified in the notification insertion of new section l6a, suspen sian, etc, of operation of the provisions of the act (2) where the operation of any provision of this act has, under sub-section (1), been suspended or relaxed, such suspension or relaxation m~y, at any time, be removed by the central government by a like notification 20 (3) every notification issued under this st-ction shall be laid,-as soon as may be after it is issued, before each house of parliament, while it is in session, for a total ~eriod of thirty days whicn may be comprised in one session or in two or more successive 'sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both ho'use's agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the ease may be; so, however, that any such modification or annulment shall ,be without prejudice to the validity of anything previously done under that notificaion" i in section 17 of the principal act,-(4) in sub-section (2) ,-amend· , mentol section 17 (i) after clause (f), the following clause shall be inserted, namely:-35 ci (i) the manner in which, and the proced~re subject to which anv certificate issued under sub-sedtlon (3) of ,section7 ~hall· be amended, suspended or cancelled;"; (ii) afer clause (g), the following clause shah be inserted, namely:-"(gg) the authority of person by which of by whom, d the manner in which any document received from a an the t~-ated·"· place outsi~ india shall be au n ~ "  th oros "in 'which it is so laid", (b) in sub-section (3), fof ethw " shall be substituted the words "immediately follo~ng e session  statement of objects and reasons,for the sound d~velopment of the export trade of india through quality control and i~spection, the export· (quality control and inspection)  act, 1963 (22 of 1963) was enacted in 1963 the act came into force from 1st ,january, 1964 and it empowers the centrd government to notify commodities for the purposes of compulsory quality control and preshipment inspection once a commodity was dotifted, it cannot be - exported unless it is accompanied by a certificate of export worthiness, issued by an export inspectiolt agency established or recognised by the government under the act 2 under section 3 of the act, the export inspection council was established on the 1st january 1964 and its main function is to advise the central government regarding measures of enforcement of quality control and inspection of commodities intended for export five export inspection 'agencies have been established under the provisions of the act and a few private inspection agencies have also been given recogni tion under the provisions of the act  3 of late, a ned has been felt for giving greater emphasis on measures of q'llality control and pre-shipment in~pection in the interests of proj~ctirg the right image for -indian goods in overseas markets with a view to achieving this object, a review was made of the working of the provisions of the act in the light of the ex1lerience gained in the working of the act this review has come to light certain inadequacies, deficiencies and lacunae in the act and it is proposed to amend some of the provisions of the act so as to enable the export inspection council and the export inspection agencies to administer the compulsory quality control and pre-shipment inspection schemes more effectively 4 the bill accordint;tly provides for the following changes in the act, namely:-(i) it is proposed to enlarge the membership of 'the export inspection council by four persons who will be nominated by the central gov~mment; (il) under the existing provisions a certificate of export worthiness once issued to a commodity by the export inspection 8rency cannot be withdrawn even if there are reasons to believe that the certificate was issumed wrongly or fraudulently it is proposed to empower the agencies to amend or suspend or cancel such' certificate in accordanc'e with the procedure to be prescribed by rules under the act;   (iii) the act at present provides for proseautions only tqr fraudulent use of export wqrthv certificates or other violations of the act experience has flhown ' that these steps did not have the de~ired effect in curbing the abuses of the quality control and preshipment inspection facilities there is also no guarantee that the !o1ente'lce~ of imnrisonment 01' flne i"po~ed by courts would mc:rp up the ill-gotten gains accruing to persons m'susing the ·facilities with a view to remove this lacuna in the act, it is proposed to provide for the entry, inspt;ction and sea'rch of premises in which notified commodities which have been manipulated after examination by the export inspection ~gencies or documents or things in connection therewith are suspected to have been kept or concealed and to seize them provision for the confiscation of such commodities and imposition of penalties have also been proposed in the bill; (iv) in order to have a check on the mis~ or abuse of powers by the officers of the export inspection council or of the export inspection agencies, it is proposed to make a provision by which the delirrquent officers who have misused their authority would be liable to punishment under the act; (v) under the existing provisions, commodities notified by the central government are prohibited from export unless they are accompanied by certificates issued by export inspection agencies there may be some special contingencies when it may be necessary for temporary suspension or l'elaxation of the operation of all jr any of the provisions of the act in respect of certain commodities of areas it is proposed to provide this power to the central government 5 the bill seeks to achieve the aforesaid objects new delhi; vishwanath pratap singh the 2nd nc1,ember  1983 clause 3 of the bill seeks to amend clause (f) of ~ub-section (1) of section 3 of the export (quality control and inspection) act, 1963 10 as to increase the number of nominated members of the export inspection council from eleven to fifteen under sub-section (3) of that seetion, the members of the council are entitled to be paid such travelling and daily allowances as may be· prescribed by 'rules made under the act it is estimated that the expenditure that is likely to be incurred towards payment of travelling and daily allowances to the four new members will come to rs 24,000 per annum 2 clause 5 of the bill proposes to insert new sections loa to lop in the act new sections loa to ioc of the act empower the director of inspection and quality control or any officer of the central 'government authorised by him in this behalf, to enter and inspect and search any premises in which any commodities which have been changed after examination by an export inspection agency or the books of a~count or' other documents or things in respect of any such commodity are suspected to have been kept or concealed and to seize such commodities, documents or things the said officers have also been given power under the new section 10d to stop and seize conveyances which are used for the transportation of any commodities which are liable to con&cation under the act nevi section 10k empowers certain oftkers to adjudge the confiscation or impose penalties under the act the power to hear appeals against orders made under the act has been given to the central government tlnd the director of in'ipection and quality control under the new section 10m the bill, if enacted, would neeessitate the appointment of certain officers and staff for carrying out the above functions the estimated administrative recurring expenditure for meeting the salaries and other expenses of the omcers and staff is likely t6 be" of the order of rs 87,000 a non-recurring expenditure of the order of rs 20,000 is also likely to be involved 3 the bill does not involve any other expenditure either recurring or non-recurring, clause 8 of the bill seeks to insert a new section 16a in the export (quality cont,rol and inspection) act, 1963, which empowers the central government to suspend or relax to a specified extent by notification the operation of all or any of the provisions of the act in respect of such notified commodity or commodities generally or in respect of any area and for such period as may be specified in the notification this power is required to meet certain special contingencies such as total strike in the export inspection agency when it may be necessary for temporary suspension of the operation of the act there may  be other circumstances and contingencies also which cannot be visualised it is, however, made clear that the power can be exercised only when it is necessary or expedient in the public interest as in the case of rules, provision is made for laying of such notifications before each house of parliament and for their modification or annulment by parliament in the circamstances, the delegation of legislative power is of a normal character 2 sulh-6ection (1) of section 17 of the act empower~ the' central government to make rules to carry out the p'urposes of the act subsection (2) of the said section 17 enumerates the matters with respect' to which, rules may be made clause 9 of the bill seeks to insert two new clauses (ff) and (gg) in the said sub-section (2) to provide for the manner in which, and the procedure subject to which, any certificate issued under sub-6eotion (3) of section 7 of the act shall be amend~, suspended or cancelled under the new 'sub-section (3a) of that section and to specify the auhority or person by which or by whom, and the manner in which, any document received' tram a place outside india shall be authenticated the mat~rs for which rules may be made under these two new clauses are matters of detail or procedure the delegation of legislative power is, therefore, of a normal character - 1   annexure extracts from the export (quality control and inspection) act, 1963establish ment of export inspec tion council machirrery for quality control and inspection penalty (22 of 1963)  - - - - 3 (1) the central government may, by notification in the otbcial gazette, establish, with effect from such date as may be specified in the notification, a cc1uncil to be known as the export inspection council, which shall consist of-- - - - - (1) eleven o~her members nominated by the central govern· ment three of whom shall be persons representing the' agencies referred to in section 7 - - - - - 7 (j) - - - - (4) any person aggrieved by the refusal of any agency referred to in suh-section (1) to issue a certificate may prefer an appeal within such time as may be prescribed to 'such authority as the central government may, by notlftcation in the official gazette, constitute for the purpose of hearing appeals - - - - - 11 (1) if any person contravenes any order under ~lause (d) of section 6, or fraudulently obtains a certificate under section 7, or· fraudulently affixes or applies any such mark or seal as is referred to in sub-section (1) of section 8, he' shall, on conviction, be punishable-- - - - - - (ii) for the second or subsequent offence, with imprisonment for a term which may extend to two years mer also with fine which may extend to five thousand rupees and in the absence of peelal and adequate reasons to be mentioned in the judgment of the court, such imprisjnment shall not be less than three months - - - - - power to make ru- 17 (1) - - - - (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- - - - - '(3) ewry rule made by the central government under thi section shall be laid 8's soon as may be after tt is made before each houle of parliament while it is in session for a total period of thirty days which may be comprised in one session or tn two or' more successive sessions, and tf, before the expiry of the 'session in which it is so laid 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 modifled form or be of no effect, as the case may be; so however that any such modification or annulment shall 00 without prejudice to the validity of anything previously done under that rule  -  -  -  a billto amend the export (quality control and inspection) act 1963 !shri vibhwanath pratlap singh, j  miniatet of commetce)~ 