Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com EXPORT OF FASTENERS (INSPECTION) RULES, 1978 CONTENTS 1. Short title and commencement 2. Definitions 3. Basis of inspection 4. Procedure of inspection 5. Place of inspection 6. Inspection fee 7. Appeal SCHEDULE 1 :- Specifications for Fasteners SCHEDULE 2 :- Sampling Tables and Criteria for Conformity EXPORT OF FASTENERS (INSPECTION) RULES, 1978 S.0.1511, dated 27th May, 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 Fasteners (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 of the agencies established at Bombay, Calcutta, Cochin, Delhi and Madras under Sec 7 of the Act, (c) "Fasteners" means all types of bolts, studs, screws, rivets, nuts and washers manufactured from metals or their alloys and used for securing two or more parts together ; (d) "Schedule" means a Schedule appended to these rules. 3. Basis of inspection :- (1) Inspection of Fasteners intended for export shall be carried out with a view to seeing that the same conform to the Standard specifications recognised by the Central Government under Sec 6 of the Act and given in Sch I. (2) Sampling shall be done in accordance with the provisions of the Table of Sch II. 4. Procedure of inspection :- (1) An exporter intending to export Fasteners shall give intimation in writing of his intention so to do and submit alongwith such intimation a declaration of the specifications stipulated in the export contract relating to such export to any of the agencies to enable it to carry out the inspection in accordance with rule 3 (2) Every intimation and declaration under sub-rule (1) shall be given not less than five days before the scheduled date of shipment and a copy of the intimation shall simultaneously be endorsed to any of the following offices of the Council, which is nearest to the place of inspection, namely - Head Office.- Export Inspection Council, 14 / IB, Ezra Street (7th Floor), Calcutta - 700001 Regional Offices. - (1) Export Inspection Council, Regional Office Bombay, Aman Chambers, (4th Floor), 113, M Karve Road, Bombay- 400004 (2) Export Inspection Council, Regional Office. Delhi, Municipal Market Buildings, 3, Saraswati Marg, Karol Bagh, New Delhi - 110005 (3) Expon Inspection Council, Regional Office Cochin, Manohar Buildings, Mahatma Gandhi Road, Ernakulam, Cochin - 682011 (3) On receipt of the intimation and declaration under sub-rule (1), the agency shall carry out the inspection of Fasteners in accordance with rule 3 and the instructions, if any, issued by the Council from time to time in this regard (4) (a) After completion of the inspection, the agency shall immediately seal the packages in the consignment in a manner so as to ensure that the sealed goods cannot be tampered with (b) In case of rejection of a consignment, if the exporter so desires, the consignment may not be sealed by the agency and in such cases, however, the exporter shall not be entitled to prefer an appeal against the rejection. (5) When the agency is satisfied that the consignment of Fasteners complies with the requirements of the recognised specifications, it shall issue within three working days of completion of inspection, a certificate to the exporter declaring that the consignment satisfies the conditions relating to inspection and is export worthy : 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 alongwith the reasons therefor. 5. Place of inspection :- Inspection of Fasteners shall be carried out,- (a) at the premises of the manufacturer, or (b) at the premises at which the Fasteners are offered for inspection by the exporter, provided adequate facilities for the purpose of inspection and testing exist therein. 6. Inspection fee :- Subject to a minimum of Rupees fifty for each consignment, a fee at the rate of fifty paise for every Rs. 100 of the F.O.B. value, shall be paid by the exporter to the agency as inspection fee, under these rules. 7. Appeal :- (1) Any person aggrieved by the refusal of the agency to issue a certificate under sub-rule (5) of rule 4 may within fifteen 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 ten days of its receipt. SCHEDULE 1 Specifications for Fasteners [See rule 3(1)] (a) Indian Standards or National Standards of a foreign country : (b) The specifications which do not fall under Cl. (a) above but are approved by a panel of experts, appointed by the Export Inspection Council for the purpose of examining and approving such standards declared by the exporter as the agreed specification for Fasteners. SCHEDULE 2 Sampling Tables and Criteria for Conformity [See rule 3 (2)] SCHEDULE II Sampling Tables and Criteria for Conformity [See rule 3 (2)] TABLE No. 1 (Other than M.S. Fasteners) Lot size (One type and size) Sample size for non- destructive Permissible number of defects tests 1 2 3 Upto 150 151 to 500 ..... 5 ..... 20 0 1 SOlto 1,000 ..... 32 2 1,001 ..... 50 3 to 3,000 . 3,001 to 10,000. ..... 80 5 10,001 and above ..... 125 7 TABLE No. 2 (M.S. Fasteners only) Lot size (One type and size) Sample size for non- destructive Permissible number of defects test 1 2 3 Upto ..... 8 1 Upto 150 151 to 500 ..... 8 ..... 20 1 3 501 to 1,000 . ..... 32 5 1,001 to 3,000 . ..... 50 7 3,001 to 10,000 ..... 80 10 10,001 and above ..... 125 14 TABLE No. 3 (For all types of Fasteners) Lot size and size) Permissible Lot size (One type and size) Sample size for destructive Permissible number of defects test 1 2 3 Up to 800 801 to 8,000 . ..... 1 ..... 2 NIL NIL 8,001 to 22,000. ..... 3 NIL 22,001 and above ..... 5 NIL