Section 3 of The Export (Quality Control and Inspection) Act, 1963 in hindi
- (1)The Central Government may by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, a Council to be known as the Export Inspection Council, which shall consist of--
- (a)a Chairman to be appointed by the Central Government;
- (b)the Director of Inspection and Quality Control, ex officio, who shall be the Secretary;
- (c)the Honorary Adviser on Standardization to the Government of India and Director of Indian Standards Institution, ex officio;
- (d)the Agricultural Marketing Advisor to the Government of India, ex officio;
- (e)the Director General of Commercial Intelligence and Statistics, ex officio;
- (f)4[fifteen] other members nominated by the Central Government three of whom shall be persons representing the agencies referred to in section 7.
- (2)The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and shall by the said name sue and be sued.
- (3)The term of office of, and the manner of filling casual vacancies among, the members of the Council referred to in clauses (a) and (f) of sub-section (1) and the travelling and daily allowances payable to the members of the Council and the procedure to be followed in the discharge of its functions by the Council shall be such as may be prescribed.
- (4)No act or proceeding of the Council shall be invalidated merely by reason of any vacancy in, or any defect in the Constitution of, the Council.
- (5)Subject to such rules as may be made by the Central Government in this behalf, the Council may appoint such officers and other employees as it considers necessary for the purpose of discharging its functions under this Act.
Summary
- The Central Government has the power to establish the Export Inspection Council by publishing a notification.
- The Council is a legally recognized body corporate, meaning it can own property, make contracts, and sue or be sued in its own name.
- The Council consists of a Chairman, specific government directors and advisors, and fifteen other members nominated by the Central Government.
- If a member resigns or a seat is left empty, the actions and decisions of the Council still remain legally valid.
Practical examples
FAQ
1. Can the Export Inspection Council be sued in court?
Yes, as a body corporate, the Council has the legal capacity to sue others and be sued in its own name.
2. Who decides the rules for filling empty seats on the Council?
The procedures for filling casual vacancies among certain members are determined by the rules prescribed by the Central Government.
3. Does the Council consist only of government officials?
No, the Central Government also nominates fifteen other members, three of whom must represent quality control agencies.
Test yourself
Q1.A supplier claims that the Export Inspection Council cannot sign a legal contract to buy office equipment because it is just a government committee. Under Section 3 of The Export (Quality Control and Inspection) Act, 1963, is this correct?
Q2.The Chairman of the Export Inspection Council unexpectedly resigns, leaving the position vacant. Under Section 3 of The Export (Quality Control and Inspection) Act, 1963, what happens to the proceedings of the Council during this vacancy?
Q3.The Central Government nominates fifteen other members to the Export Inspection Council. Under Section 3 of The Export (Quality Control and Inspection) Act, 1963, what specific requirement must be met for these nominations based on Section 7 of the Act?
Q4.The Export Inspection Council wants to hire new clerks to manage its daily paperwork. Under Section 3 of The Export (Quality Control and Inspection) Act, 1963, does the Council have the power to do this?