REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 128] NEW DELHI, MONDAY, APRIL 7, 1969/CHAITRA 17, 1891
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF FOREIGN TRADE AND SUPPLY NOTIFICATION New Delhi, the 1th April 1969
S.O. 1399.—Whereas, in exercise of the powers conferred by section 6 of the Export (Quality Control and Inspection) Act, 1983 (22 of 1963), the Central Gov- ernment is of opinion that It Is necessary or expedient so to do for the develop- ment of the export trade of India, that dried shark fins and dried fish maws should be subject to quality control and inspection prior to export;
And whereas the Central Government has formulated the proposals specified below for the said purpose and has forwarded the same to the Export Inspection Council, as required by sub-rule (2) of rule 11 of the Export (Quality Control and Inspection) Rules, 1964;
Now, therefore, in pursuance of the said sub-rule, the Central Government hereby publishes the said proposals for the information of the public likely to be affected thereby.
2. Notice is hereby given that any person desiring to forward any objections or suggestions with respect to the said proposals may forward the same within thirty days of the date of publication of this notification to the Export Inspection Council, 'World Trade Centre', 14/1-B, Ezra Street (7th floor), Calcutta-1.
Proposals
(1) To notify that dried shark fins and dried fish maws should be subject to quality control and inspection prior to export;
(2) To specify the type of inspection in accordance with the draft Export of Dried Shark Fins and Dried Fish Maws (Inspection) Rules, 1969 set out in Anne-
('459 )
460 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—xure I to this notification as the type of inspection which would be applied to such dried shark fins and dried fish maws;
(3) To recognise the specifications as set out in Annexure 11, to this noti- fication as the standard specifications lor the dried fins and dried ilsh maws;
(4) To prohibit the export, in the course of international trade of such dried shark fins and dried fish maws, unless the same are accompanied by a certificate issued by any of the Export Inspection Agencies established at Bombay, Calcutta, Cochin, Delhi and Madras under section 7 of the Export (Quality Control and inspection) Act, 1963 (22 of 1963), to the ell'ect that the said commodities conform to the standard specifications as recognised under sub-paragraph (2) and are export-worthy.
3. Nothing in this notification shall apply to export by sea, land or air of dried shark fins and dried flsh maws as samples to the prospective buyers, provided that each such sample does not weigh more than two kilograms.
ANNEXURE I
Draft rules proposed to be made under section 17 of the Export (Quality Con- trol and Inspection) Act, 1963 (22 of 1963).
1. Short title and commencement.— (1) These rules may be called the Export of Dried Shark Fins and Dried Fish Maws (Inspection) Rules, 1969.
(2) They shall come into force on the
2. Definitions.—In these rules, unless the context otherwise requires—
(1) "Agency" means the Export Inspection Agencies established at Bombay, Calcutta, Cochin, Delhi and Madras under section 7 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963).
(2) "dried flsh maws" means the dried air bladder of fishes, like cat fish,
Jew flsh, and dara-
(3) "dried shark fins" means the dorsal flns, ventral fins, or the tail fins
not containing the back bone, of edible sharks.
3. Basis of inspection.—Inspection of dried shark fins and dried fish maws in- tended for export shall be carried out with a view to seeing that the dried shark flns and dried flsh maws conform to the specifications recognised by the Central Government under section 6 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963).
4. Procedure of inspection.—(1) An exporter intending to export dried shark flns and dried fish maws shall submit an application to the nearest office of the Agency, giving particulars of the consignment Intended to be exported, to enable it to examine such consignment or cause the same to be examined to see whether the same conforms to the specifications, referred to in rule 3.
(2) Every application under sub-rule (1) shall be made not less than five days before the anticipated time of despatch of the consignment from the exporter's premises.
(3) On receipt of the application referred to in sub-rule (2) the Agency shall Inspect the consignment and satisfy itself that the consignment complies with the requirements of the recognised specifications. The exporter shall provide all necessary facilities to the Agency to enable it to carry out such inspection.
(4) If, on such inspection of the consignment, the Agency is satisfied that the same conforms to the recognised specifications and has been packed and marked according to these rules, it shall issue a certificate declaring the consignment as export-worthy.
5. Packing and marking for export.—(1) The dried shark fins and dried flsh maws shall be packed in a manner as agreed to between the exporter and the foreign buyer.
(2) Each package shall be marked with indelible Ink or labelled with the following particulars:—
(a) Name and grade of the material, (b) Name and address of the exporter,
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 461(c) Lot number,
(d) Net weight of contents, and
(e) Date of packing.
6. Place of inspection.— (1) Inspection for the purpose of these rules shall be carried out at the exporters premises, which shall be well lighted and maintained in sanitary and hygienic conditions. Necessary facilities for weighing, packing and inspection shall be provided at the premises by the exporter.
(2) In addition to the inspection at the premises mentioned in sub-rule (1), the Agency may exercise such supervision at the port of shipment before loading us it may consider necessary to carrying out the purposes of these rules.
7. Inspection fees.—A fee at the rate of one rupee for every one hundred rupees or fraction thereof of the F.O.B. value of the consignment subject to a minimum of forty rupees per consignment shall be paid as inspection fee under these rules.
8. Appeal.— (1) Any exporter aggrieved by the refusal of the Agency to issue a certificate under sub-rule (4) of rule 4 may, within two 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 persons as may be appointed for the purpose by the Central Government.
(2) The quorum for the panel shall be three.
(3) The decision of the said panel on such appeal shall be final.
ANNEXURE II
A. Svecification.i for dried shark fins
General.—Dried shark fins shall be prepared from fresh sharks. The material shall not have salt or lime excrescence on the surface and shall be free from fungal, insect and mite infestation. It shall also be free from any visible con- tamination, such as clay, sand or other extraneous matter- In the preparation of this material for export, the dorsal, ventral or tail flna (not containing the back bone) of edib1e sharks shall be used.
Characteristics
Requirements
SI. No.
2
3
Healthy.
Appearance . . . ..
Characteristic white, black or spotted colour 2 Colour
of the species.
Characteristic odour of dried meat, but Odour . . . . ..
3
shall be free from any off odour.
Grade Designation :
4
Fins weighing 50 grns. and below. Fins weighing 51 to 150 gms. Fins weighing 151 gms. and above.
(a) small . . .. (6) medium . . .. (e) large . . ..
10
Moisture,percentage by weigttjmaximum
5
Sodium chloride (on moisti're free basis)
6
percentage by weight, maximum
462 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(11)3B. Specifications for dried fish maws
General.—Dried fish maws shall be In split, chunk or any other form us may be stipulated in the export contract. The material shall be well dried, not sticking to each other and free from contamination by dirt, sand or any other extraneous matter.
R e q u i r e m e n ts Si. No.
Characteristics
i
2
3
i Appearance
Healthy, free from blood Bpota and extra-
neous matter.
Characteristic fishy, but shall be free from
2 Odour
bad odour.
S t i c k i ng p r o p e r ty . . ..
3
Not more than io% of the sample should
stick together due to gluey nature of the
BUrface.
G r a de D e s i g n a t i on :
4
Co) tiny (6) small
Maws weighing 35 gms. and below.
MawB weighing 36 gms. to IOO gms.
(c) medium (d) large
Maws weighing 101 gms. to 170 gms.
Maws weighing 171 gms. to 250 gms.
(") jumbo
Maws weighing above 250 gms.
Moisture j percentage by weight, maximum
6
5
Acid insoluble ash, percentage by weight,
6
maximum
5
Ether extract, percentage by weight, maxi-
7
1
mum
Solubility in cold water, percentage bv
S
w e i g h t, m a x i m um . . ..
15
[No. 80(2)/69-Exp. Inap.]
R. S. TALWAR, Jt Secy.
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