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REGISTERED No. D 221

The Gazette of India

EXTRAORDINARY

PART II- Section 2

PUBLISHED BY AUTHORITY

No. 8] NEW DELHI, SATURDAY, MARCH 25, 1972/CHAITRA 5, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on the 25th March, L972: —

BILL NO. 22 OF 1972.

A Bill to provide for the establishment of an Authority for the develop-

ment of the marine products industry under the control of the Union

and for matters connected therewith.

BE it enacted by Parliament in the Twenty-third Year of the

Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Marine Products Export Develop-

ment Authority Act, 1972.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government

Shore title, ex. tent and com- mence- ment.

may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provi-

sions of this Act.

( 135 )

2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the marine products industry.

Declara- tion as to expe- diency of control by the Union.

Definitions 3. In this Act, unless the context otherwise requires,—

(a) "Authority" means the Marine Products Export Develop' ment Authority established under section 4;

(b) "Chairman" means the Chairman of the Authority;

(c) "conveyance" includes a carrier vessel or a vehicle;

(d) "dealer" means a dealer in any of the marine products;

(e) "Director" means the Director of Marine Products Export Development appointed under section 7;

(f) "export" and "import" mean respectively taking out of, or bringing into, India by land, sea or air;

(g) "fishing vessel" means a ship or boat fitted with mechanical means of propulsion which is exclusively engaged in sea-fishing for fl i I profit;

I

(h) "marine products" includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-flsh, other aquatic animals or plants or part thereof and any other pro- ducts which the Authority may, by notification in the Gazette of India, declare to be marine products for the purposes of this Act;

(i) "member" means a member of the Authority;

0) "owner", in relation to any fishing vessel or in relation to any processing plant or storage premises for marine products or in relation to any conveyance used for the transport of marine products, includes—•

(i) any agent of the owner; and (fi) a mortgagee, lessee or other person In actual possession of the fishing vessel, processing plant, storage premises or con- veyance; (k) "prescribed" means prescribed by rules made under this Act;

(I) "processing", in relation to marine products, includes the preservation of such products such as canning, freezing, drying, salt- ing, smoking, peeling or filleting and any other method of processing which the Authority may, by notification In the Gazette of India, specify In this behalf.

CHAPTER II

MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

4. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purposes of this Act, an Authority to be called the Marine Products Export Development Authority.

Establish- ment and constitu- tion of the Autho- rity.

(2) The Authority 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, both movable and immovable, and to con- tract, and shall by the said name sue and be sued.

(3) The Authority shall consist of the following members, namely: —

(a) a Chairman to be appointed by the Central Government;

(b) the Director of Marine Products Export Development, ex oflicio;

(c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;

(d) five members to represent respectively the Ministries of the Central Government dealing with—

(i) agriculture,

(ii) finance,

(Hi) foreign trade,

(iv) industry, and

(v) shipping and transport;

(e) such number of other members not exceeding twenty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among per- sons who are in its opinion capable of representing—

(i) the Governments of the States or Union territories having a sea-coast;

(ii) the interests of owners of fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products;

(in) the interests of dealers;

(iv) the interests of persons employed in the marine products industry;

(v) the interests of persons employed in research institutions engaged in the researches connected with the said industry; and

(vi) such other persons or class of persons who, in the opinion of the Central Government, ought to be represented on the Authority.

(4) The number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (3), the term of office of the members other than the member referred to in clause (b) of that sub-section, and the manner of filling vacancies among, and the procedure to be followed In the discharge of their functions by the mem- bars shall be such as may be prescribed.

(5) Any officer of the Central Government, not being a member of the Authority, when deputed by that Government in this behalf* shall have the right to attend meetings of the Authority and take part in thB proceedings thereof but shall not be entitled to Vote.

(6) The Authority shall elect from among its members a Viee-Chalf¹* man who shall exercise such of the powers and perform sudh of thb functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman.

5. No act or proceeding of the Authority or any Committee appointed

by it under section 8, shall be invalidated merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the

Authority or such Committee; or

(b) any defect in the appointment of a person acting as a mem-

ber of the Authority or such Committee; or

Acts or proceed- ings of Authority or its Commit- tees not to be in- validated.

(c) any irregularity in the procedure of the Authority or such Committee not affecting in merits of the case.

6. The Chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Gov- ernment.

Salary ard al- lowances of Chair- msn

7. (I) The Central Government shall appoint a Director of Marine Products Export Development to exercise such powers and perform such duties under the Chairman as may be prescribed or as may be delegated to him by the Chairman.

Executive officers of the Authority and other staff.

(2) The Central Government shall appoint a Secretary to the Autho- rity to exercise such powers and perform such duties under the Chairman as may be prescribed or an may be delegated to him by the Chairman.

(3) The Director and tlie Secretary to the Authority shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may be fixed by the Central Government.

(4) Subject to such control and restrictions as may be prescribed, the Authority may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such palaries and allowances as it may determine from time to time.

<5) The Chairman, the Director, the Secretary and other employees of the Authority shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Govern- ment.

8. (1) The Authority may appoint such Committees as may be neces- sary for the efficient discharge of its duties and performance of Its func- tions under this Act.

Com- mittees of the A uthority.

(2) The Authority shall have the power to co-opt as members of any Committee appointed under sub-section (1) such other number of per- sons who are not members of the Authority, as it may think fit.

9. (1) It shall be the duty of the Authority to promote, by such mea- sures as it thinks fit, the development under the control of the Central Government of the marine products industry with special reference to exports.

Functiom of the Autho- rity.

(2) Without prejudice to the generality of the provisions of sub-section

(1), the measures referred to therein may provide for—

(o) developing and regulating off-shore and deep-sea fishing and undertaking measures lor the conservation and management uf off- shore and deep-sea fisheries; under the technical guidance of the Central Government;

(b) registering fishing vessels, processing plants or storage pre- mises tor marine products and conveyances used for the transport of marine products;

(c) fixing of standards and specifications for marine products for purposes of export;

(d) rendering of financial or other assistance to owners of fishing vessels engaged in off-shore and deep-sea fishing and owners of pro- cessing plants or storage premises for marine products and convey- ances used for the transport of marine products, and acting as an agency for such relief and subsidy schemes as may be entrusted to the Authority;

(e) carrying out inspection of marine products in any fishing vessel, processing plant, storage premises, conveyance or other place where such products are kept or handled, for the purpose of ensuring the quality of such products;

(f) regulating the export of marine products;

(9) improving the marketing of marine products outside India;

(h) registering of exporters of marine products on payment of such fees as may b,e prescribed;

(i) collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products or conveyances used for the transport of marine products, exporters of such products and such other persons as may be prescribed on any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts therefrom;

(j) training in various aspects of the marine products industry;

and

(k) such other matters as may be prescribed.

(3) The Authority shall perform its functions under this section in accordance with and subject to such rules as may be made by the Cen- tral Government.

Dissolu- tion of the Autho- rity.

10. (1) The Central Government may, by notification in the Official Gazette and for reasons to be specified therein, direct that the Authority shall be dissolved from such date and for such period as may be specified in the notification:

Provided that before issuing any such notification, the Central Gov- ernment shall give a reasonable opportunity to the Authority to make representations against the proposed dissolution and shall consider the representations, if any, of the Authority.

(2) When the \uthority is dissolved under the provisions of sub- section (7),—

(a) all members notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members;

(b) all powers and duties of the Authority shall, during the period of dissolution, be exercised and performed by such person or persons as the Central Government may appoint m this behali;

(v) all funds and other property vested in the Authority shall, during the period of dissolution, vest in the Central Government; and

(d) as soon as the period of dissolution expires, the Authority shall be reconstituted in accordance with the provisions of this Act.

CHAPTER III

REGISTRATION

Registra- tion of fishing vessel, processing plant, etc.

11. (1) Every owner of a fishing vessel, processing plant or storage premises for marine products or conveyance used for the transport of marine products shall, before the expiration of one month from the date on which he first became owner of such fishing vessel, processing plant, storage premises or conveyance, or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority for registration under this Act of every such fish- ing vessel, processing plant, storage premises, or conveyance owned by him:

Provided that the Authority may, for sufficient reason, extend the

time-limit for registration by such period as it thinks fit.

(2) Registration once made shall continue to be in force until it Is

cancelled by the Authority-

12. The form of application for registration under section 11 and for the cancellation of such registration, the fee payable on such applica- tions, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the Authority shall be such as may be prescribed.

Applica- tion, cancella- tion, lee payable and other matters relating • to registra- tion.

13. (1) Every owner referred to in sub-section (1) of section 11 shall furnish to the Authority at the prescribed time and in the pres- cribed manner such returns as may be prescribed.

Returns to be made by owners.

(2) The Authority may authorise a member or any of its officers to inspect any fishing vessel, processing plant, storage premises or convey- ance at any time to verify the accuracy of any return made under this section.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

14. (1) There shall be levied on all marine products which are ex- ported, a cess for the purposes of this Act at such rate not exceeding , three per cent, ad valorem as the Central Government may, by notifica-

tion in the Official Gazette, fix.

Imposi- tion Of a cell On marine products exported. (2) The cess levied under sub-seCtion (1) sha'u be iti addition to any cess or duty leviable on marine products under any Jther law for the time being in force-

(3) The provisions of the Customs Act, 1962, And the rules and regu- 52 of 1061

lations made thereunder, including those relating to refunds and

exemptions from duty, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under sub-section (i) as they apply in relation to the levy and collection of a duty of customs under that Act or those rules and regulations.

Payment of pro- ceeds of cess to the Autho- rity.

15. The proceeds of the cess levied under section 14 :;liall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament by appropriation made by law in this behalf so pro- vides, pay to the Authority, from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised for the purposes of this Act.

16. The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of' grants or loans such sums of money as the Central Government may consider necessary.

Grants and loans by the Cen- tral Gov- ernment.

17. (1) There shall be formed a Fund to be called the Marine Products Export Development Fund and there shall be credited thereto—

Constitu- tion of the Fund.

(a) the proceeds of the cess made over to the Authority by the Central Government;

(b) all fees levied and collected In respect of registration made under this Act;

(c) any other fee that may be levied and collected by the Authority under this Act or the rules made thereunder;

(d) any grants or loans that may be made by the Central Government for the purposes of this Act;

(e) any grants or loans that may be made by any institution for the purposes of this Act; and

(f) all sums realised by the Authority in carrying out the mea- sures referred to in section 9. (2) The Fund shall be applied—

(a) for meeting the salaries, allowances and other remunera- tion of the officers and other employees of the Authority;

(b) for meeting the other administrative expenses of the Autho- rity;

(c) for meeting the cost of the measures referred to in section 9;

and

(d) for repayment of any loans from the Central Government or from any institution.

18. Subject to such rules as may be made in this behalf, the- Authority :

shall have power to borrow on the security of the Marino Products Export Development Fund or any other asset for carrying out the pur- poses vl this Act.

Borrow-

ing

powers

of the

Autho-

rity.

Account*

and

audit.

19. (3) The Authority shall maintain proper accounts and other lele- vant records and prepare an annual statement of accounts, including the < profit and loss account and the balance-sheet in such form as may be ' prescribed by the Central Governmpnt in consultation with the Comp- troller and Auditor-General of India.

(2) The accounts of the Authority shall be audited by the Comp- troller and Auditor-General of India at such intervals as may be speci- fied by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor- General.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority In connection with such audit as the Comptroller and Auditor-General ha8 in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, con- nected vouchers and other documents and papers and to¹ inspect any of the offices of the Authority.

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

CHAPTER V

CONTROL BY CENTRAL GOVERNMENT

20. (1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of marine products, either generally or in specified classes of cases.

Power to prohibit or control imports and ex- ports of marine products.

5? of 1962 (2) All marine products to which any order under sub-section (1) applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962, and nil the '• provisions of that Act shall have effect accordingly.

(3) If any person contravenes any order made under sub-section (/), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962, as applied by sub-section (2), be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

21. The Authority shall carry out such directions as may be issued to it from time to time by the Central Government fnr the efficient adminis- tration of this Act.

Direc- tions by Central Govern- ment.

Returns and re- ports.

22. (1) The Authority shall furnish to the Central Government, nt such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the pro- motion and development of the marine products industry, as the Central Government may, from time to time, require.

(3) A copy of the report lvceivul under sub-section (2) shall be laid

before each House of Parliament.

CHAPTER VI

MISCELLANEOUS

Penalty for making false returns.

23. Any person who beinq required by or under this Act to furnish any return fails to furnish such return or furnishes a return contain- ing any particular which is fc-il-v and which ho knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees,

24. Any person who—

(a) obstructs any member authorised by the Chairman in writing or any officer or other employee

(b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act,

Penalties for obstruct- ing a mem- ber or offi- cer of the Authority in the dis- charge of his duties and lor failure to produce books and records.

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Other penal- ties.

25. Whoever contravenes or attempts to contravene or abets¹, the contravention of the provisions of this Act or of any rules made there- under other than the provisions, punishment for the contravention whereof has been provided for in sections 20, 23 and 24, shall be punish- able with imprisonment for a term which may extend to six months, or with line which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such con- travention continues after conviction for the first such contravention,

2<5. (/) Where an offence• under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company aw well as tho company shall be deemed to be gunty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to' any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (/), where an offence under this Act has been committed by a company and it is prov- ed that the offence has been committed with the consent or connivance pf, or is attributable to any neglect on the part of, any director, manager,

secretary or other officer of the company, such director, manager, secre-

tary or other officer shall also he deemed to be guilty of that offence and shall be liable to¹ be proceeded against and punished accordingly.

Explanation.—For the purposes of this section—

(a) "company" means any body corporate and includes a firm

or other association of individuals; and

(b) "director", in relation to a firm, mean:- :. partner in the firm.

27. No court inferior to that of a Presidency Magistrate or a Magis-

trate of the first class shall try any offence punishable under this Act. Juri3dic- lion of court.

28. No prosecution for any offence punishable under this Act shall be Instituted except with the previous sanction of the Central Govern- ment.

1'revious sanction of Cen- tial Gov- ernment,

Protec- tion of action taken in good fnith

29. No suit, prosecution or other legal proceedings shall lie against the Government, or the Authority or any Committee appointed by it, or any member of the Authority or such Committee, or any officer or other employee of the Government or of the Authority or any other person authorised by the Government or the Authority,- for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Power to delegate.

30. The Central Government may, by order notified in the Official Gazette, direct that any power exercisable by it under this Act (not being the power to make rules under section 33) may also be exercised, in such cases and subject to such conditions, if any, MS may be specified in the order, by such officer or authority as may be specified therein.

Suspen- sion of operation of Act.

f i ll PH.

(5) the Circumstances m which and the authority by which a

member may be removed;

(c) the holding of a minimum number of meetings of the Autho-

rity every year;

(d) the procedure to be followed at meetings of the Authority for the conduct of business and the number of members which shall form a quorum at a meeting;

(e) the maintenance by the Authority of records of business transacted by the Authority and the submission of copies thereof to the Central Government;

(f) the powers oX the Authority, its Chairman, the Director and Committees of the Authority with respect to the incurring of expenditure;

(51) the conditions subject to which the Authority may incur

expenditure outside India;

(h) the preparation of budget estimates of receipts and expen-

diture oi the Authority and the authority by which the estimates are to be sanctioned;

(i) the form and manner in which the accounts should be

kept oy xne Authority;

(j) me deposit of the funds of the Authority in banks and the

investment oi such funds;

(K) xne conditions subject to which the Authority may borrow; ^i; me conditions subject to which and the manner in wiuda

contracts may be entered into by or on behalf of the Authority;

(m) the additional matters in respect of which the Authority

may undertake measures in the discharge of its functions;

(n) the remuneration and other allowances payable to the person

or persons referred to in clause (b) of sub-section (2_) ox section 10;

(o) the form of, and the particulars to be contained in, any

returns or reports to be made to the Authority under this Act;

{p) tne iorm of, and the manner of making applications for registration and for its cancellation by the Authority, the fee pay- able on sue' applications ai' J the procedure to be followed in grant- ing ana cancelling registration and the conditions governing such registration;

{qj me collection of any information or statistics in respect of

marine products;

(r) any other matter which is to be or may be prescribed by, or

provided for by rules under, this Act.

(3) Every rule naae under this section shall be laid, as soon as may be, after it is made, before each House of Parliament, while it Is in session, for a total period of thirty days which may be comprised in one session or in two¹ or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment

shall be without prejudice to the validity of anything previously done under that rule.

34. (1) The Authority may make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to discharge its functions under this Act.

Power to make regula- tions.

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: —

(a) the procedure to be followed at meetings of the Committees appointed by the Authority and the number of members which shall torm a quorum at a meeting;

(b) the delegation to the Chairman, members, Director, Secre- tary or other officers of the Authority of any of the powers and duties of the Authority under this Act;

(c) the travelling and other allowances of members of the Authority and of Committees thereof;

(d) the pay and allowances and leave and other conditions of bervice of officers (other than those appointed by the Central Govern- ment) and other employees of the Authority;

(e) the maintenance of its accounts;

(f) the maintenance of the registers and other records of the Authority and its various Committees;

(g) the appointment by the Authority of agents to discharge on its behalf any of its functions;

(7i) the persons by whom, and the manner in which, payr. .nts, deposits and investments may be made on behalf of the Authority.

(') No regulation made by the Authority shall have effect until it has been approved by the Central Government and published in the Official Gazette, and the Central Government, in confirming a regulation, may m a ke any change therein which appears to it to be necessary.

(4) The Central Government may, by notification in the Official Gazette, cancel any regulation which it has confirmed and thereupon the regulation shall cease to have effect.

STATEMENT OF OBJECTS AND REASONS

The marine products industry hay been included in the Export Policj Resolution as one uf the lew industries having immense export potential if proper incentive and care be given to the industry. Though, in receni years, India has come up irom a low position in the world shrimp rnarkei to occupy the second piace m the list of exporting nations, yet it has touched only a fringe ol the vatst potentialities available lor export in the country. Besides eilecting an increase in the volume and value of ex- ports of shrimps ana lobsters, which at present constitute ninety per cent, of our exports, there is considerable scope for exporting other varieties of marine products like tuna, sardines, pomfrct, Bombay duck, bream, crabs, eels, etc.

2. The marine products industry is at present not subject to any dis- cipline or regulation. This has resulted m an uneven and unhealthy development of the fisfrpiocessing sectors thus affecting adversely its eco- nomic operation and better realisation of the unit value of export pro- ducts. Such an unregulated growth has also led to problems connected with inadequate facilities on shore relating to fresh water, power and timely internal transport and shipping arrangements.

3. The problems faced by the marine products industry in the country call for the establishment of a central agency for regulating, organising and developing that industry on economic lines. Such agency should also be vested with adequate authority and necessary organisation directly involved in the co-ordinated development of the industry in relation to raw material, supply, processing, storage, transport and export marketing. A detailed study recently under taken oy the Institute of Foreign Trade has indicated the necessity for the setting up ol such a central agency. After careful consideration, Government ol India has come to the conclu- sion that a statutory Authority to be known as the Marine Products Ex- port Development Authority should be set up under the control of the Union. The Authority is proposed to be constituted, among others, with representatives of Governments of States having a coast, dealers of marine products and owners of fishing vessels and processing plants. It is proposed to vest the Authority with adequate powers to undertake suitable measures for the development of the marine products industry, such as promoting exports, undertaking marketing activities with a view to increasing the export potential of marine products, registering fishing vessels, processing plants, etc., giving financial and other assistance and carrying out allied objects. The Bill contains a declaration that it is expedient in the public interest that the Union should take under its control the marine products industry and seeks to take powers for the 'etting uP of a statutory Authority for the marine products industry ma nly v£th a view to enable it to undertake the activities mentioned Tbove Power has also been taken for the Central Government to pro- Mbit or control the imports and exports of marine product,.

L. N. MISHRA.

NEW DELHI; The 29tli February, 1972.

PRESIDENTS RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

[Copy of letter No. 5/60/71-EP (Agri. II), dated the 7th March, 1972 from Shri Lalit Narayan Mishra, Minister of Foreign Trade to the Secre- tary, Lok Sabha.]

The President having been informed of the subject matter of the Marine Products Export Development Authority Bill, 1972, recommends under articles 117(1) and 117(3) of the Constitution of India, the intro- duction of the Bill and consideration thereof in the Lok Sabha.

FINANCIAL MEMORANDUM

The Marine Products Export Development Authority Bill, 1972 pro- vides for the control by the Union if the marine products industry and for that purpose to establish a Marine Products Export Development Authority [clause 4(1)] and levy a cess at a rate not exceeding three per cent ad valorem on all marine products exported.

2. Under clause 4 (3), read with clause 6 of the Bill, the Authority will h -vs a Chairman, who will have to be paid such salary and allowances as may be fixed by the Central Government. Under clause 7 (n and (2), a Director of Marine Products Export Development and a Secre- tary to the Authority have to be appointed for exercising such powers. and performing such duties under the Chairman as may be prescribed. Under clause 7 (3), the Director and Secretary will have to be paid such salary and allowances as may be fixed by the Central Government Under clause 7 (4), the Authority may appoint such officers and emplo- yees, as may be necessary for the efficient performance of its functions and pay them such salaries and allowances, at it may determine from time to time. Provision has been made for the malting of rules in regard to the payment of remuneration to any person or persons appointed to perform the functions, of the Authority during the period of its dissolu- tion [clause 10(2) (b)].

3. It is not possible at the present stage to indicate precisely what ex- penditure will be incurred on the proposed Marine Products Export Deve- lopment Authority. However, it is estimated that a non-recurring ex- penditure of about Rs. 2 lakhs is, likely to be incurred initially on the establishment of the- said Authority. A recurring expenditure not ex^ ceeding Rs. 12 lakhs per annum is also likely to be incurred.

4. Clause 16 of the Bill provides for grants and loans to be paid to the Authority by the Central Government. The amount of such payment*, will depend on the actual proceeds of the cess on the marine products and the amounts required by the Authority to meet its expenses, taking into account the scope of its activities. It is therefore, not possible to deter- mine the exact amount of expenditure that is likely to be incurred in this behalf. The amount of the grant to be given bv the Government is, how- ever, expected to ho within the realisations from the conn, No such ex- penditure will, in any case, be incurred without due appropriation rrndf by Parliament by law in this behalf.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 33 of the Bill gives power to the Central Government to make rules to carry out the purposes of the Bill. The: maters in, respect of which rules may be made relate, among others, to the term ol oHice and other conditions of service of the members of th? Authority, the proce- dure to be followed at me.'tint.^ oi" the Authority, the preparation of budget estimates of receipts and expenditure of the Authority, the form and manner in which the accounts, of the Authority are to be maintain- ed and other matters of procedural or administrative nature.

2. Clause 34 of the Bill empowers the Authority to make regulations not inconsistent with the proposed legislation and the rules made there- under for enabling the Authority to discharge its functions linger the Bill. The various mattetf. in relation to whkh the Authority may make regulations, have been detailed in particular In suhfause (2) of the clause These matters inter aVa relate to the procfciurp 1o be followed'for the transaction of business at meetings of the Comrm11e.es appointed by the Authority, the travelling and other allowances payable to the members of the Authority and the members of its Committees, the conditions o£ service of the officers and employees of the Authority (other than the Director of Marine Products Export Development and the .Secretary) and the deposit and investment of the funds of the Authority. These are mat- ters of detail which it is difficult to provide for in the Bill itself. Under sub-clause (3) of clause 34, no re^ulrtion made by the Authority will have effect until it has been approved by the Central Government.

3, The delegation of legislative power, proposed to be conferred on the Central Government and the Authority under clauses 33 and 34 res- pectively of the Bill, is of a normal character,

B m. No. 24 off 1972

A Bill to provide for the -withdrawal of certain sums from and out of

the Consolidated Fund oj India for the services of a part oj the finan- cial year 1972-73.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows:—•

1. This Act may be called the Appropriation (Vote on Account) Act, Short title.

1972.

2. From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Sche- dule amounting in the aggregate to the sum of three thousand ave hundred and sixteen crores, thirteen lakhs and thirty-five thousand rupees towards defraying the several charges which will come in course of pavraent during the financial vear 1972-73.

With,

drawal

at

R*. 35,18,

13,36,000

from and

out of

the Con-

solidate

ed Fund

of India

for the

finan-

cial year

1972-73.

Appro-

pria-

tion,

3. The sums authorised to be withdrawn from and out of the Consoli- dated Fund by this Act shall be appropriated for the services and pur- poses expressed In th§ Schedule in relation to the s?id year.

THE SCHEDULE

(See sections 2 And 3)

I

> 3

3

Sums not exceeding

No. of Vote Services and purposes

Total

Voted by

Parliament

Charged on the Consolidated Fund

Rs.

Rs-

Rs.

1 Ministry of Defence

20,20,000

20,20,000

a Defence Services, Effective— Army . . ..

1,53.67,17,000

1,53,63,67,000

i,So,ooo

Defence Services, Effective—

3

Nflvy . . ..

8,000

11,33.92,000

11,34,00,000

Defence Services, Effective—

4

Air Force .

45.32.i7.ooo

30,000

45.3l.97.OOO

9,01,67,000

Defence Services, Non-effective

5

9.01,67.000

6 Department of Education

40,67,000

40,67,000

Education . . . •

13,20,92,000

7

13.20,92,000

8 Department of Social Welfare

..

1,45,63.000

1,45.63.000

External Affain .

5,70,30,000

9

1,000

5,70,19,000

10

jo,i7.88,ooo

Other Revenue Expenditure of the Ministry of External Affair .

io,i7,#8,6oo

11

* *

Ministry of Finance

3.29.74,00°

3.29,74,000

12

1,84,47,000

7.000

Customs . . ..

1,84,40,000

3,68,58,000

13, 000

Union Excise Duties

3,68,46,000

13

14 Taxes on Income including

3,^6,28,000

34.000

3.75.94.ooo

Corporation Tax, etc.

86,30,000 Stamps

86,20,000

15

6,33,03.000

9,69,000

Audit

6,23,34,000

16

3,7960,000

2.79.60,000

Currency and Coinage

*7

91.20,000 18

91,20,000

Mint . .

• •

Pensions and other Retirement

19

^,22,37000

6,39.000

Benefits

3,16,08,000

30 Opium Factories and Alkaloid

7,63,63,000

1,000

7,63.62,000

Works . . ..

31 Other Revenue Expenditure

12,24,36,000

12.24,36,000

of the Ministry of Finance

32

40,05.75,000

1,71,51,32,000 Grants-in-aid to State and Union Territory Govern- ments . ..

1,31.45.57.0°°

33

8.64,000

8,64,000

Miscellaneous Adjustments between the Central nnd State and Union Territory Governments

I

2

3

Sums not exceeding i

NT ofVot

Services and purposes

To'.al

Voted by

Parliament

Charged on the Consolidated

Fund

Rs.

Rs.

R8.

4,000

Pre-partition Payments •

78,000

74,000

M

1,21,67,26,000

CHABOED,—Interest on Debt and other obligations .

i,3r,6y,a6,ooo

CHARGED.—Payments of State'

44.78,64,000

Share of Union Excise

Duties .

44,78,64,000

Department of Agriculture

92,95,000

35

92,95,000

26 Agriculture

5.23.96.000

•5,23,96,000

27 Payments to Indian Council of

5,42,31,000

5,42,31,000

Agricultural Research .

28

32,80,000

32,89,000

Forest

20,06,92,000

"9

20,06,02,000

Department of Food

30 Department of Community Dev-

elopment

8,35.000

8,35,000

3i

53.64,000

53,64,000

Departmcni of Co-operation •

Ministry of Foreign Trade • ,

83,33,000

32

82,32,000

11,14,08,000

33

2i,T4.o8,ooo

Foreign Trade

i,26,?4,ooo

34

1,26,84,000

Export Oriented Industries

35 Ministry of Health and Family

26,28,000

26.28.oco

P l a n n i ng . . ..

36

5.20,55,000

5.30,55,000

Medical and Public Health .

27,95,000

37

27,95,020

Ministry of Home Affair* •

38

14,12,000

14.12,000

Cabinet .

76,92,000

39 Department of Personnel

76,92,000

40

18.47,27,000

I ,47,27.000

Police

67,56,000

4i

67,56,000

Census ,

42

86,95,000

Statistics . . ..

S6,95.°°o

37.99.ooo

43

37,99,000

Territorial and PolitjcalPen&ions

44

2,38,71,000

2,38,71,000

Other Revenue Expenditure of the Ministry of Home Affairs

11,83.39.000

D e l hi

ii.77.97 °oo

45

5,42,000

46

1,41,20,000

1,46,94,000

C h a n d i g a rh . . ..

SJ4.0Q0

2,02,07,000

A n d a m an a nd N i c o b ar I s l a n ds •

2,02,06,000

47

1,000

Arun ach al Pradesh

2,70,22;ooo

2,70,22,000

48

15.21,000

DadruaDdNagarHaveliArea ,

15,21,000

49

Laccadivo, Miriicoy and Atnin-

50

4i.34.ooo

divilslandB

41,34,000

1,08,30,000

Mizoram

1,08,30,000

51

Ministry of Industrial Develop-

5*

ment

a<."0.000

94.Ao.oao

I

3

3

Sums not exceeding

Services and purposes

Total

Voted by

Parliament

Charged on the Consolidated Fund

of Vote

Rs.

Rs.

Rs.

77.75.OOQ Industries . . ..

77.75)000

53

Village and Small Industries ,

3,79,",ooo

5,50,000

3,76,61,000

54

Ministry of Information and

55

Broadcasting

5.74.000

5.74.000

Broadcasting

2,87,46,000 56

2,87,46,000

Information and Publicity

1,54,56,000

1,54,56,000

57

Ministry of Irrigation and

58

1,68,19.000 Power . . ..

1,68,19,000

Irrigation and Flood Control

59

Schemes . . ..

63,16,000

63,16,000

Electricity Schemes

6a

61,17,000

61,17,000

6i Department of Labour and

Employment

27,52,000

27,52,000

Labour and Employment

63

3,72)44.000

1,000

3,73,43.000

Department of Rehabilitation .

6.43*55.000

7,000

6,43,48,000

63

Ministry of L aw and Justice

64

1.09,55.000

I,O9J553OPQ

Administration of Justice

7,16,000

6,69,000

47,000

65

Ministry of petroleum and

66

Chemicals

14,41,000

14,41,000

Ministry of Planning

85,000

85,000

67

Planning Commission

28,94,000 68

28,94,000

Ministry of Shipping and Trans-

69

28,83,000 port . . ..

28,38)000

4,23,01,000 Roads

3,000

70

4,22,99,000

1.51.68,000 Shipping . . ..

1,000

1,51,67,000

71

23,43,000 Lighthouses and Lightships

22,42,000

72

88,83,000 Ports . . ..

..

88,83,000

73

Road and Inland Water T r a n s-

74

8,16,000 port . . ..

8,r6,ooo

Department of Steel

19,13,000

19,12,000

75

Department of Mines

2>98,38jooo

6,000

3,98.53,000

,76

Geological Survey

2,80,83,000

2,80,83,000

77

Ministry of Tourism and Civil

78

..

Aviation . . ..

4,86,000

4,86,000

Meteorology

1,07,44,000

..

79

1,07,44,000

Aviation . . ..

..

8Q

3.59.S4.QOO

3.59,54.000

52,20,000 81 T o u r i sm . . ..

• *

52,20,000

Ministry of Works and Housing

83

50,96*, 000

50,96,000

Public Works

7>ia"8",poo

6,4*fioo

7,14,48,000

83

Stationery and printing

1,000

a,79,3*.ooo

3J79I!5JOOO

84

I

z

3

Sums not exceeding

Services and purposes

Tot"l

No. of Vote

Voted by

Parliament

Charged on the Consolidated Fund

Rs.

Rs.

R".

Department of Atomic Energy

85

5,3O^QpO

5,30,000

86 Atomic Energy Research^and

Nuclear Power Schemes

9.15*13)000

9)15.13,000

Ministry of Communications .

87

1^37.00-0

1 " " 3 7 , 0 OQ

83 Overseas Communications

Service . . ..

87,34,000

L87,34,poo

Po"ta and Telegraphs (Working

89

Expenses)

48,73,12,000

2,000

48)72,i4,OQQ

90 Posts and Telegraphs—Divi- dend to General Revenues, Appropriations to Reserve Funds and Repayments of Loans from General Revenues

7,52,00,000

7,52,00,000

Department of Company

91

Affairs . . ..

20,6 O,OOQ

20,60,000

Department of Electronics

63,25,000

92

63,25,000

Department of Culture

75JO5)QOO

75,O5,QQO

93

Archaeology

40,70,000

40,70,000

94

Department of Parliamentary

95

2,06,000

Affairs . . ..

2,O6,QQO

Department of Science andA

96

Technology

159,05,000

59;OS,OQO

Survey of India

1,48,49,000

1,48,49,000

97

Grants to Council of Scientific

98

and Industrial Research

4,12,22,000

4,12,22,001

. *

Department of Supply

3Q,82,OOQ

30,82,000

99

Supplies and Disposals .

IOQ

84,75,000

84,75,000

IQI LokSabha . . ..

17,000

47,54,opo

[47>37iO""

RaJyaSabha

Li9)36,ooo

ioa

ijjooo

19,51,000

y

CHAROED.—Stqff, Household and Allowances oftht President .

8,28,QOO

S,^fi,000

Secretariat of the Vice-president

L 63,000

63,000

103

CHARGED.—Union Public Service

ContnUinon

[19,02,000

19,02,000

Defence Capital Outlay

31)78,33,000

3r,Si,66,ooo

1 04

3,33,ooo

Other Capital Outlay of the

IQ3

Ministry of Defence

1,04,17,000

1)04^7*000

106 Capital Outlay of the Ministry of Education and Social Wel- fare

H7M6,aQa

117^6,000

Capital Outlay on the India

107

Security Press .

Li7)O3,ooo

H7303,Cioo

••

I

2

3

Sums not exceeding

Services and purposes

Total

No of Vote

Voted by

Parliament

Charge d on the Consolidated

Fund

Rs.

Rs.

Rs.

108 Capital Outlay on Currency and

Coinage

4,01,08,000

4,01,08,000

1 09

1 0,58,000

Capital Outlay on Mints

10,58,000

Commuted Value of Pensions

1,68,34,000

1,67,87.000

no

41,000

in Other Capital Outlay of the

Ministry of Finance

50,12,000

|5o,w,ooo

112

5,14,81,000

5,14,81,000

Capital Outlay on Grants to State Governments for Deve- lopment . . ..

Loans and Advances by the

113

Central Government

3,31.13,06,000

1,91,17,34,000

1,39.95.73,000

CHAIKIED.—Repayment of Debt.

31,10,80,97,000

31,19,80,97,000

114 Purchase of Foodgralns and Fer-

26,44,03,000

26,44,37,000 tilisers . . ..

34,ooo

Other Capital Outlay of the

115

9,05,32,000

Ministry of Agriculture

17-000

9,05,49,000

1 16 Capital Outlay of the Ministry

..

of Foreign Trade c

54,93,000

f54.93,ooo

1 17

4,28,19,000

Capital Outlay of the Ministry of Health and Family Plan- ning . . ..

4,28,19,000

118 Capital Outlay in Union Terri-

4,89,12,000

4,54,53,000

tories . . ..

34>6otooo

119 Other Capital Outlay of the

42,08,000

Ministry of Home Affairs

42,08,000

1 20

..

3,42^6,000

Capital Outlay of the Ministry of Industrial Development ,

3,42,46,000

121

2,08,03,000

2,08,03,000

Capital Outlay of the Ministry of Information end Broad- casting . . ..

122 Capital Outlay on Irrigation tod

..

1,98,36,000

Flood Control Schemes

1.98,36,000

1 23

5,45*30,000

Other Capital Outlay of the Ministry of Irrigation and P o w er . . ..

5J45.2O,OQG

1 24

i,33)i8,ooo

I>33.I8,QQO Capital Outlay of the Ministry of Labour and Rehabilitation

135

I3,82,53jOOO

13,82,52,000 Capital Outlay of the Ministry of Petroleum and Chemicals

" ,

i

I4,37.50*oco 126 Capital Outlay on Roads •

33,ooo

1,70,02,000

1,70.85,000 Capital Outlay on Ports .

83,000

"7

12S

3,93,39,000

Other Capital Outlay of the Ministry of Shipping and Transport

3,93.39.000

H9

m 9

I5)3*"59"QOO

Other CapitiU Outlay of the Ministry of Steel and Mines

I5.3l.59.ooo

94*79.000 Capital Outlay on Aviation

94"4<5,aoo

33,oeo

130

I

2

3

Sums not exceeding

Total

Service* and purposes

1 Charged on the

Consolidated

Voted by

Parliament

Of Vote

Fund

Rs.

RB.

Rs.

131 Other Capital Outlay of the Ministry of Tourism and Civil Aviation

3,09,04,000

[ 1,67,000

2,10,71,000

Capital Outlay on Public Works

133

1,13,24,000

1,20,40,000

Delhi Capital Outlay

2,84,000

133

134

f45,26,oao

43^6.OOQ

Other Capital Outlay of the

Ministry of Works and Hous-

ing

Capital Outlay of the Depart-

135

11,79,60,000

11,79,60,000

ment of Atomic Energy

i3"

21,21,17 ,0QQ

24,m ,I7.

Capital Outlay on Posts and

Telegraphs (Not met from

Revenue) ,

Other Capital Outlay of the

m

60,13,00 0

60,13,00.0"

Ministry of Communication! <•

35"i

TOTAJi.

35,15,68,51,000

9.97.44,84,QQO

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 114(1) of the Consti- tution of India, read with article 116 thereof, to provide for the ap- propriation out of the Consolidated Fund of India of the moneys required to meet the expenditure charged on the Consolidated Fund and the grants made in advance by the Lok Sabha in respect of the estimated expenditure of the Central Government, excluding Railways, for a part of the financial year 1972-73.

Y. B. CHAVAN.

PRESIDENTS RECOMMENDATION UNDER ARTICLE 117 OP THE CONSTITUTION OF INDIA

[Copy of letter No. F. 3(13)-B/72, dated the 21st March, 1972 from Shri Y. B. Chavan, Minister of Finance to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the pro- posed Bill to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of India for the services of a part of the financial year 1972-73, recommends under article 117(1) and (3) of the Constitution of India read with article 116(2) thereof, the intro- duction of the Appropriation (Vote on Account) Bill, 1972, in the Lok Sabha and also the consideration of the Bill.

2. The Bill will be introduced in the Lok Sabha immediately after the Demands for Grants, 'on account' for expenditure of the Central Government (excluding Railways) for the year 1972-73 have been voted.

S. L. SHAKDHER,

Secretary.

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