Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com EXPORT OF DRY BATTERIES (QUALITY CONTROL AND INSPECTION) RULES, 1978 CONTENTS 1. Short title and commencement 2. Definitions 3. Quality control and inspection 4. Procedure of inspection 6. Place of inspection 7. Appeal SCHEDULE 1 :- Levels of Control EXPORT OF DRY BATTERIES (QUALITY CONTROL AND INSPECTION) RULES, 1978 S.O.1607, dated 3rd June, 1978 1.- In exercise of the powers conferred by Sec. 17 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement :- (1) These rules may be called the Export of Dry Batteries (Quality Control and Inspection) Rules, 1978. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires,- (a) "Act" means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963); (b) "agency" means any one of the agencies established by the Central Government at Cochin, Madras, Calcutta, Bombay and Delhi under Sec. 7 of the Act; (c) "Dry Batteries" means Laclanche type dry batteries as well as Layer type of batteries used in applications such as Flashlights, transistorized equipments hearing aids, photoflash lamps and communication equipments and include dry cells. 3. Quality control and inspection :- (1) The quality of dry batteries shall be ensured by the manufacturer by effecting the following controls at different stages of manufacture together with the levels of control specified in the Schedule attached to these rules namely:- (i) Bought out materials and components :- (a) Purchase specifications shall be laid down by the manufacturer incorporating the properties of materials or components to be used, detailed dimensions thereof with tolerances and other requirements as applicable. (b) The accepted consignments shall either accompanied by a supplier's test certificate corroborating the requirements of the purchase specification in which case occasional check, at least one out of five consignments, shall be conducted by the manufacturer for a particular supplier to verify the correctness of the aforesaid test certificate, or in the absence such test certificates, samples from each consignment shall be regularly tested to check up its conformity to the purchase specification. (c) after the inspection and tests are carried out, systematic methods shall be adopted for proper segregation and disposal of defectives. (a) Adequate records in respect of the above mentioned controls shall be systematically maintained by the manufacturer. (ii) Process Control:- (a) Detailed process specifications shall be laid down by the manufacturer of various processes of manufacture. (b) Equipment and instrumentation facilities shall be adequate to control the processes as laid down in the process specifications. (c) Adequate records shall be maintained by the manufacturer to enable the verification of the controls exercised during the process of manufacture. (iii) Product Control:- (a) The manufacturer shall either have his own testing facilities or shall have access to such testing facilities existing elsewhere to test the product as per the standard specifications. (b) Adequate records in respect of the above test shall be systematically maintained by the manufacturer. (iv) Packing Control:- The manufacturer shall lay down a detailed packing specification for export packages and would strictly adhere to the same. (2) The inspection of dry batteries intended for export shall be carried out with a view to seeing that the controls, mentioned in sub-rule (1) have been exercised at the relevant levels satisfactorily and the dry batteries conform to the standard specifications. 4. Procedure of inspection :- (1) (i) The exporter or manufacturer intending to export a consignment of dry batteries shall give intimation in writing to the agency indicating the details of the contractual specification and submit along with such intimation a declaration that the consignment of dry batteries intended for export has been manufactured by exercising quality controls laid down in rule 3, and that the consignment conforms to the requirements of the specification recongnised for this purpose. (ii) The exporter shall at the same time endorse a copy of such intimation to the nearest office of the Council. (iii) The addresses of the Council are as under:- HEAD OFFICE :- Export Inspection Council, "World Trade Centre", 14/1B, Ezra Street (7th Floor), Calcutta-700001. REGIONAL OFFICES :-1. Export Inspection Council, Aman Chambers (4th Floor), 113, Maharishi Karve Road, Bombay-4. 2. Export Inspection Council, Manohar Buildings, Mahatma Gandhi Road, Ernakulam, Cochin-11. 3. Export Inspection Council, Municipal Market Building, Saraswati Marg, Karol Bagh, New Delhi-5. (2) The exporter or manufacturer shall also furnish to the agency the identification marks applied on the consignment. (3) Every intimation and declaration under sub-rule (1) shall reach the office of the agency not less than 3 working days prior to the despatch of the consignments from the exporter's or manufacturer's premises. (4) On receipt of the intimation and declaration under sub-rule (1) the agency, on satisfying itself that during the process of manufacture, adequate quality controls, specified under rule 3 have been exercised and the instructions, if any, issued by the Council in this regard have been followed and after further inspection or testing as considered necessary to ensure conformity of the consignment to the standards specifications shall within three working days issue a certificate that the consignment satisfies the condition relating to quality control and inspection and is exportworthy: Provided that where the agency is not so satisfied, it shall within the said period of three days refuse to issue such certificate and communicate such refusal to the exporter along with the reasons therefore. 6. Place of inspection :- Every inspection shall be carried out at the premises of the manufacturer or exporter or at the port of shipment. 7. Appeal :- (1) Any person aggrieved by the refusal of the agency to issue a certificate under sub-rule (4) of rule, 4, may within ten days of the receipt of the communication of such refusal by him prefer an appeal to a panel of Experts consisting of not less than three but not more than seven persons, appointed for the purpose by the Central Government. (2) The panel shall consist of at least two-thirds of non-officials of the total membership of the Panel of Experts. (3) The quorum for the panel shall be three. (4) The appeal shall be disposed of within fifteen days of its receipt. SCHEDULE 1 Levels of Control [See rule 3(1)] SI. Particulars of inspection No or test Requirement Sample size Lot s (1) (2) (3) (4) (5) 1 . Bought out materials and components (a) Workmanship, finish As per standard To be fixed on Each dimensions specificationsthe basis of recognised for recorded the purpose. investigation (b) Other requirements -do- -do- -do- or tests 2. Eccentricity of carbon As per standard To be fixed on Each rod electrode specificationsthe basis of recognised for recorded the purpose. investigation 3. Initial voltage test -do- Each -do- 4. Finished Batteries -do- -do- -do- (a) Worksmanship, finish -do- 2Nos.for 4 ho prod dimensions, terminals cylindrical uctio marking, initial voltage. types and 1 No. batte of for noncylin- same type drical type and desig (b) Delayed life under dry -do- lONos. Once 6 heat conditions. mon for / batte of same type and desig (c) Shelf life test -do- lONos. Once a year the same desig