Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com EXPORT OF LINOLEUM (QUALITY CONTROL AND INSPECTION) RULES, 1969 CONTENTS 1. Short title and commencement. 2. Definitions. 3. Basis of inspection. 4. Procedure of inspection. 5. Place of inspection. 6. Inspection fees. 7. Appeal. SCHEDULE 1 :- THE SCHEDULE EXPORT OF LINOLEUM (QUALITY CONTROL AND INSPECTION) RULES, 1969 S.O. 3753, dated 15th September, 1969.1-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 Linoleum (Quality Control and Inspection) Rules, 1969. (2) They shall come into force on 10th October, 1969. 2. Definitions. :- In these rules, unless the context etherise requires,- (a) "Act" means the Export (Quality Control and Inspection) Act, 1963 (22 of 1963). (b) "Agency" means any one of the Export Inspection Agencies established by the Central Government at Calcutta, Bombay, Delhi, Madras and Cochin under Sec. 7 of the Act. (c) "linoleum" means a hard surfaced floor covering, characterised by a relatively thick wearing surface compressed on a hessian backing, the wearing surface of which shall consist of a composition containing a binder or cement of oxidised or polymerised drying oils and resins intimately mixed with cork or wood floor and mineral fillers or combinations of tillers and pigments. 3. Basis of inspection. :- Inspection of linoleum for export shall be carried out with a view to seeing that the linoleum conforms to the standard sepcifications recognised by the Central Government under Sec. 6 of the Act. 4. Procedure of inspection. :- (1) The exporter shall give intimation in writing to the Agency and submit alongwith such intimation a declaration that the consignment of linoleum has been or is being manufactured by exercising quality control measures as prescribed in the Schedule to these rules and that the consignment conforms to the requirements of the standard specifications recognised for the purpose. (2) The exporter shall also furnish to the Agency the identification mark applied on the consignment. (3) Every intimation and declaration under sub-rule (1) shall reach the office of the Agency not less than three days prior to despatch of the consignments from the manufacturers/exporter's premises. (4) On receipt of the intimation and declaration under sub-rules (1) and (2),the Agency- (a) in case of a manufacturer-exporter, on satisfying that he had exercised during the manufacture of the product adequate quality control as prescribed in the Schedule to these rules and the instructions, if any, issued by the Export Inspection Council in this regard shall, within three days, issue a certificate declaring the consignment as export-worthy; (b) in the case of merchant-exporter on satisfying that the manufacturer during the manufacture of the product had exercised quality control as prescribed in the Schedule to these rules and the instructions, if any, issued by the Export Inspection Council in this regard, shall, within three days of carrying out the inspection, issue a certificate declaring the consignment as export-worthy : 1 [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 reason therefor.] 1. Ins by S.O 441, dated, 17th February, 1973. 5. Place of inspection. :- Every inspection under these rules shall be carried out either- (a) at the premises of the manufacturer of such products, or (b) at the premises at which the goods are offered by the exporter, provided in the opinion of the Agency adequate facilities for inspection exist therein. 6. Inspection fees. :- A fee at the rate of ten paise for every one hundred rupees of the F.O.B. value of each consignment shall be paid as inspection fee under these rules. 7. Appeal. :- (1) Any person aggrieved by the refusal of the inspection 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) At least two-thirds of the total membership of the panel of experts shall consist of non-officials. (3) The quorum for the panel shall be three. (4) The decision of the panel on such appeal shall be final. (5) The appeal shall be disposed of within 15 days of its receipt.] SCHEDULE 1 THE SCHEDULE The quality of the linoleum intended for export shall be ensured by effecting the following levels of quality controls during the course of its manufacture. 1. Raw materials control.- (a) The raw materials shall be purchased from known and approved sources according to purchase specifications laid down by the manufacturer. (b) The accepted consignments shall be either accompanied by the supplier's test or, inspection certificate corroborating the requirements of the purchase speciications, in which case, occasional checks at least once in ten consignments shall be conducted by the manufacturers of linoleum for a particular supplier to verify the correctness of the aforesaid test of inspection certificates or the purchase materials shall be regularly inspected and tested before purchase either in the laboratory within the factory or an outside laboratory or test house. Records of such checks on inspection and tests shall be maintained. (c) After the inspection/test is carried out, systematic methods shall be adopted in segregating the accepted and rejected materials and in disposal of rejected materials. INSPECTION) RULES, 1969 2. Process control.-Adequate records for sampling and tests shall be maintained to enable verification of the controls exercised during the process of manufacture. 3. Product control.- (a) The manufacturer shall have his own adequate testing facilities to test the products as per the standard specifications recognised under Sec. 6 of the Act. (b) Adequate records shall be maintained to enable verification of the testing conducted in the laboratory for determining conformity to standard specifications recognised by the Central Government under Sec. 6 of the Act. 4. Packing and marking.- (a) The linoleum meant for export shall be packed in accordance with the sound commercial practice duly approved by the Export Inspection Council. (b) Unless otherwise stipulated by the buyer, all packages shall be suitably marked with the name of the manufacturer, quality, port of shipment and shipping mark.