REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 331] NEW DELHI, WEDNESDAY, JULY 12, 1972/ASADHA 21, 1894
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF FOREIGN TRADE
NOTIFICATION
MARINE PRODUCTS INDUSTRY DEVELOPMENT CONTROL
New Delhi, the 12th July 1972
S.O. 485E.—In exercise of the powers conferred by section 33 of the Marine Products Export Development Authority Act, 1972 (13 of 1972), the Central Gov- ernment hereby makes the following rules, namely:—
CHAPTER I
Preliminary
1. Short title and commencement.— (1) These rules may be called the Marine Products Export Development Authority Rules, 1972.
(21 They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of these rules,
2. Definitions.—In these rules, unless the context otherwise requires,—
(a) "Act" means the Marine Products Export Development Authority Act, 1972 (13 of 1972);
(b) "Committee" means any of the Committees appointed by the Authority under section 8;
(c) "Form" means a form appended to these rules;
(1361)
1362 THE GAZETTE OF INDIA EXTRAORDINARY [PART U—(d) ''Secretary" means the Secretary to the Authority appointed under
section 7;
(e) "section" means a section of the Act;
CHAPTER II
The Authority and its Committees
:i. Constitution of the Authority.—(1) The Authority shall consist of a Chair- man, the members specified in clauses (bj, (c) and (d) of sub-section (H) of section 4 and twenty other members representing other interests specified in sub-rule (2).
(2) Of the aforesaid twenty members,—
(a) eight members shall represent the Governments of the States having a sea-coast, one each from the States of Andhra Pradesh, Gujarat, Kerala, Maharashtra, Mysore, Orissa, Tamil Nadu and West Bengal; (b) one member shall represent the Union Territories of Goa, Daman and Diu, Andaman and Nicobar Islands, the Laccadive, Mlnlcoy and AmindJvi Islands or Pondicherry, by rotation in that order;
(d) three members shall represent the interests of dealers and persons employed in the marine products industry;
(f) three members shall represent other persons or class of persons, who in the opinion of the Central Government ought to be represented on the Authority.
(3) The Central Government may make such consultations as it thinks fit before appointing representatives of the interests specified in clauses (c) to
4. Term of office of members.—(1) A member shall hold office for such period not exceeding three years as may be specified in the notification appointing him as such member and shall be eligible for re-appointment:
Provided that a member elected or appointed under clause (c)\ clause (d) or clause (e) of sub-section (3) of section 4 shall cease to be a member if he ceases—
(i) to be a member of the House of Parliament by which he was elected- or
(li) to hold the office by virtue of which he was appointed; or (iii) to represent the category from which he was appointed.
(2) A member elected or appointed to fill a casual vacancy shall hold office for so long as the member in whose place he Is elected or appointed would have held office if the vacancy had not occurred.
5. Membership roll:—The Secretary shall keep a record of the names 01 mem- bers and their addresses.
6. Chane-e o* address:—A member shall keep the Secretary informed of any change in his address. If he fails to inform the change of address, the address in the official records shall for all purposes be deemed to be his address.
7. Re-rfimation:—(1) A member may resign his office by a letter addressed to the Chairman.
C1 Tho offW of p rn°vrib ~*>ec- J(iUJ THE GAZETTE OF INDIA EXTRAORDINARY 1363
(3) The chairman shall communicate the acceptance of the resignation of the member to the Authority at its next meetlng.
8. Removal of member:—The Central Government may remove any member tfrom office—-
(a) if he is of unsound mind and stands so declared by a competent court, or
(b) if he is an undischarged Insolvent, or (c) if he is convicted of nn oflence involving moral turpitude, or (d) if, without the leave of the Chairman, he fails to attend three conse- cutive meetings of the Authority.
9. Absence from India:—(1) Before a member is going out of India-—
fa) he shall intimate tho Secretary of his departure from, and the date of his expected return to, India, and
(b) if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If a member leaves India without fulfilling th? conditions specified In •sub-rule (1), he shall be deemed to have resigned his office with effect from the date of his departure from India.
10. Vice-Chalrman: —(11 The Authority shall, at the last meeting held before the 30th of June every year, elect, from among its members, a Vice-Chairman who shall hold office for a period of one year from the 1st of July.
Provided that in any year in which the term of office of all the members ex- pires on the 30th June, the Vice-Chairman shall be elected at the first meeting after the r?constilution of the Authority and the Vice-Chairman so elected shall hold office upto the 30th of June next following.
(2) If a casual vacancy occurs in the nffice of the VIce-Chairman on account of resignation or ceasing to be a member or otherwise, the Authority- shall, at Its next meeting, elect another member to be VIce-Chairman who shall hold office for the unexpired portion of the term of office of the VIce-Chairman el?cted under sub-rule (I).
11. Aupoiotment of Committees:—(1) The Authority shall, at the last meeting held hefore the 30th of June every year, appoint the following standing Corn- mitteeq, namely:—
(a) an Executive Committee. (b) a Technical Committee, and (c) an Export Promotion Committee. (2) The Standing Committees appointed under sub-rule (1) shall hold office .lor a period of ons year from the 1st of July.
(3) The Executive Committee shall consist of — (a) the Chairman, who shall be the ex-officio Chairman thereof; (b) the Vice-Chairman; (c) the Director;
14) The Technical Committee shall consist of— '(a) the Chairman, who shall be the ex-offtcio Chairman thereof;
<5) The Export Promotion Committee shall consist of—
!364 THE GAZETTE OF INDIA EXTRAORDINARY [PAST II—
(b) the Vice-Chairman; (c) the Director; and (d) three members to be elected by the members of the Authority from among themselves, in such manner as may be laid down by the- Authority.
12. Functions of the Committees:—(a) Executive Committee—Subject to such restrictions as may be imposed by the Authority, the Executive Committee shall, in addition to such functions as have been specifically assigned to it under these- rules, discharge any other functions of the Authority in regard to matters not specifically assigned hereunder to the Technical Committee or the Export Promo- tion Committee.
(b) Technical Committee.-—Subject to such restrictions as may be imposed ay the Authority, the Technical Committee shall discharge all the functions of the- Authority in regard to the promotion of technological researches connected with the marine products industry and with regard to measures that may be under- taken for the development of activities connected with the distribution, deep sea and oll'-shore fishing, processing and storage of marine products and conveyances- used for the transport thereof.
(c) Export Promotion Committee:—Subject to such restrictions as may be- imposed by the Authority, the Export Promotion Committee shall discharge all1 the functions of the Authority with regard to the promotion of exports of marine- products.
CHAPTER III
Procedure for meeting* of the Authority
13. Meetings of the Authority:—There shall be not less than two ordinary meetings of the Authority in a year on such dates and at such places as the Chairman may think fit and the interval between any two ordinary meetings shall not, in any case, be longer than eight months.
14. Power to call meetings:—(1) The Chairman may, at any time, call a- meeting of the Authority and may do so if a requisition for a meeting is presen- ted to him in writing by at least ten members
(2) The Chairman may require any ofllcer of the Authority or invite any person to attend any meeting of the Authority, but such officer or person shall not be entitled to vote.
d) At least fourteen clear days before any meeting of the Authority, noiire of the time and place of the intendsd meeting signed by the Secretary thall he sent to the Central Government and left at or posted to the address of every member:
Provided that in case of urgency, a special meeting of ihe Authority may be summoned at any time by the Chairman, who shall inform, in advance, the Central Government and the members, of th? subject matter for discussion and the reasons for which he considers th? summoninR of such meeting urgently.
(4) Notwithstanding anything contained in this rule, the Central Govern- ment may, at any time, call a meeting of the Authority.
15. Quorum:—(1) No business shall be transacted at a meeting of the Autho- rity unless there are present at such meeting at least ten members.
SEC. 3U)J THE GAZETTE OF INDIA EXTRAORDINARY 136517. Agenda.1— {!) The Chairman shall cause to be prepared and circulated to the Central Government and among the members of the Authority at least ten •days before a meeting of the Authority a list of business to be transacted at such .meetings.
(2) No business not included In the agenda shall be transacted at a meeting of the Autnority wiihout the permission of the Chairman.
18. Voting:—(1) Every question brought before a meeting of the Authority "hall be decided by a majority of the members present and voting.
(2) In the case of an equality of votes, the Chairman, the Vice-Chairman or •the member presiding over such meeting shall have a second or casting vote.
19. Business by circulation;—(1) Any business which is to be transacted by the Authority may, if the Chairman so directs, be referred to members (.other than members who are not in India) by circulation of papers and copies of papers BO circulated shall also be sent to the Central Government.
(3) Any proposal or resolution circulated under sub-rule (1) and approved by the majority of the members who have recorded their views In writing shall -be as effectual and binding as If such proposal or resolution were decided by the majority of the members at a meeting:
Provided that at least eight members of the Board have recorded their views •on the proposal or resolution:
Provided further that when a proposal or resolution is referred to the members bv circulation, any five members may require that the proposal or resolution De .referred to members at a meeting, and thereupon such reference shall be made to members at a meeting of the Authority.
(3) Where any business is referred to members under sub-section (1). a period of not less than ten clear days shall be allowed for the receipt of reull^i "from members and such period shall be reckoned from the date on which the notice of business is is ;ued.
(4) If a proposal or resolution is rirrulatpd under this rule, the result ot "the circulation shall be communicated to all the members and to the Central Government
(5) All decisions on questions arrived at by circulation QL papers shall be placed at the next meeting of the Authority for record.
20. Record of business:— (1) A record shall be maintained by the Secretary -of all items of business transacted by the Authority and copies of such record shall be forwarded to the Central Government.
(2) When a business is transacted by'circulation of papers under rule 19, a reco.fi of business so transacted shall be signed by the Chairman.
(3) Ths record of business transacted at every meeting of the Authority shall be sifined by the Chairman, the Vice-Chairman or, as the case may be, the mem- ber presiding over such meeting.
21. Review,-—(1) The Central Government may, for reasons to be recorded in writing, review any decision of the Authority and pass such order in such, manner as It thinks fit.
(21 A copy of every order passed under sub-rule (1) shall be sent to the Authority by the Central Government.
fH) On receipt of a copy of the order under sub-rule (2), the Authority may make a representation to the Central Government against the said order and the Central Government may, after considering such representation, either cancel, •modify or confirm the order passed by it under sub-rule (1), or take such other action as may in its opinion, be just or expedient.
CHAPTER IV Fowers of the Authority, the Chairman, the Director and the Secretary
22. Power to Incur expenditure and to write oft losses.—(1) Sublect to tTift provisions 6? tb.p Act, these rules and thp rules made by the Central Government
1366 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-ralatin£ to revenue and expenditure for the time being in force, the Authority Diay incur such expenditure at it may think fit on items provided for, and within the amounts sanctioned by, the Central Government, in the budfiet.
(2) The Authority may write off losses or waive recoveries upto ten thousand rupees in any single case.
(3) Re-appropriations between sub-heads under heads of expenditure may be.- made by the Authority.
(4) The Authority shall not incur expenditure outside India In excess of. flfteen thousand rupees on any single item without the previous sanction of the Central Government.
23. Borrowing powers.—The Authority may, with the previous sanction of.
the Central Government borrow, on the security of the Marine Products Export Development Fund or any of its other assets, for meeting its expenses or lor carrying out the measures referred to in section 9.
24. Contracts.—(lj The Authority may enter into any contracts for t'ne dis- charge of its functions under the Act.
Provided that—
(a; every contract which extends over a period of more than three years or involves an expenditure in excess of rupees one lakh; ana (b) every agreement on contract for technical collaboration or consulta- tion services with firms or foreign Governments, shall require tha previous sanction of the Central Government.
(2) Contracts shall not be binding on the Authority unless they are cxecuK'd by the Chairman or any olllcer authorised by the Authority with the previous approval of the appropriate authority concerned.
(3) Neither the Chairman nor any officer of the Authority nor any member thereof shall be personally liable1 under any assurances or contracts made by the Authority and any liability arising under such assurances or contracts shall be discharged from the moneys at the disposal of the Authority.
25. Powers and duties of Chairman.—(1) The Chairman shall be respond uie- for the proper functioning of the Authority and the discharge of it functions under the Act and these rules.
(2) The Chairman shall have the following powers, namely,—
(i) to grant leave to officers and employees of the Authority including the Director and the Secretary;
(li) to exercise administrative control over all departments ana officers ot
the Authority including t^e Director and the Secretary;
(iil) to call for documents and records and to inspect or cause to be inspec- ted, the accounts and places of storage or of business as required under the Act or these rules;
(iv) to sanction expenditure lor contingencies, supplies ana services ana purchase of articles required for the working of the office of the Authority; and
(v) to carry out the measures referred to in section 9.
(3) The Chairman shall have power to require the Authority or any Com- mittee thereof to defer taking action In pursuance of any decision taken by the Authority or the Committee, as the case may be, pending a reference to the Central Government on such decision.
(4) Where a matter has to be disposed of by the Authority or a Commucee and a decision in respect of that matter cannot wait till a meeting of the Authority or the Committee, as the case may be, is held or till the completion of circulation of the resolution relating to that matter among the members of the Authority or the Committee, as the case may be, the Chairman may take the decision himself.
(5) Where the Chairman takes a decision under sub-rule (4). he shall submit" the same for ratification to the Authority or the Committee, as the case may be at Its next meeting:
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1367Provided that where the Authority or the Committee modifies or cancels the action taken by the Chairman, such modification or cancellation shall be with- out prejudice to the validity of any action taken before such modification or cancellation.
26. Powers of Director.—(1) The Director shall be responsible for the imple- mentation of the decisions arrived at by the Authority with regard to the planning, development and evaluation of the various matters in relation to off-shore and deep-sea fishing vessels, processing, inspection, quality control, market intelligence and other technical functions.
(2) The Director shall present to the Authority such periodical reports as may be specified by the Chairman on the export of marine products with particular reference to market potential, quality control, pre-shipment inspection or any otner matter and steps to be taken if any to accelerate the quantum of exports of 3ucn products.
27. Powers of Secretary.— (1) The Secretary shall be responsible for the imple- mentation of the decisions arrived at by the Authority or by the Committees and the discharge of the duties imposed on him under the Act or by these rules.
(2) Subject to such delegation as may be made by the Chairman to such other officers as may be appointed for the purpose of this rule, the Secretary shall—
(a) cause all important papers and matters to bs presented to the Authority
as curly as practicable;
(b) issue directions as to the method of carrying out the decisions of the
Authority;
(c) grant or, subject to the resolution by the Authority, authorise some oth?.' person to grant receipts on behalf of the authority for all moneys received under the Act;
(d) maintain or cause to be maintained an account of the receipts and
expenditure ol the Authority; and
(e) present an annual draft report on the working of the Authority to the Authority for approval and submit Ihn report in the form approver! hy the Authority to the Central Government not later than the dates specified from time to time in this behalf by the Central Government for being laid on the table of both the Houses of Parliament.
CHAPTER V
Finance, Budget arid Accounts of the Authority
28. Budget Estimates.— (1) The Authority shall, in each fmanciaL year, prepare a budget for the Marine Products Export Development Fund for the next financial year and shall submit It for sanction to the Central Government on or before such date as may be appointed by that Government.
(2) No expenditure shall be incurred until the budget is sanctioned by tha Central Government and the sanction for that expenditure by the competent authorities is received.
(3) The budget shall be prepared In accordance with such instructions as may be framed from time to time and he in such form as the Central Government may direct and shall include a statement of—- (i) the estimated opening balance; (11) the estimated receipts referred to in sub-section (1) of section 17 of the Act;
(lii) the estimated expenditure classified under the following heads and sub- heads or such other heads and sub-heads as the Central Government may from time to time direct, namely:-
Heads;
(a) Administration; (b) Development; (c) Statistics; (d) Works;
1368 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—(e) Propaganda and Publicity;
(ee) Promoting co-operative efforts for marketing of marine products, (eee) Financial and other assistance for Improved methods of catching marine products; and
(f) Others.
Sub-heads:
(i) Pay of officers; (11) Pay of establishment;
(iii) Allowances, honoraria and tho like; and (iv) Otber charges, contingencies and the like.
(4) Supplementary estimates of expenditure, If any, shall be submitted for the sanction of the Central Government In such form and on such dates as may be directed by it in this behalf.
29. Accounts of the Authority.—(1) The Authority shall maintain accounts of all receipts and expenditure relating to every financial year.
(2) The expenditure incurred in a particular financial year shall be shown under separate heads and sub-heads.
(3) The opening balance, if any shall also be stated as such separately.
(4) The closing balance of the year shall be shown at the foot of the accounts on the expenditure side.
30. Deposit of Funds of Authority in banks and investment of such Funds.—(1) Money required for the current expenditure of the Authority with the exception of petty cash and surplus moneys shall be kept in the Personal Ledger Account in the District Treasury or Sub-Treasury or in current account with the State Bank of India or any of its subsidiaries.
(2) Any funds not required for current expenditure may be placed in deposit account with the Central Government in the Public Account:
Provided that the funds In the Authority's pension fund or provident fund not required for current expenditure may be invested in Trustee Securities or Ten-Year Treasury Savings Deposit Certificates ov National Defence Certificates to the extent permissible or in fixed deposit with the State Bank of India or any of its subsidiaries or, if approved by the Central Government, with any other scheduled bank.
(3) Payment by or on behalf of the Authority shall be made in cash or by cheque drawn against the current account of the Authority.
31 Financial transactions In general.—Except as otherwise provided in these rules' the provisions of the Central Treasury Rules, the Delegation of Financial Powers Rules 1958, and the General Financial Rules, 1962 of the Central Govern- ment for the time being in force, shall, subject to such modifications or adapta- tions as may be made by the Authority therein with the previous approval of the Central" Government, apply to all financial transactions of the Authority.
CHAPTER VI
Additional Functions
32 Additional matters in respect of which measures may be undertaken by the Authority.—The Authority may, in addition to the functions specified in sub- section (2) of section 9, undertake the following measures in the discharge of its functions, n a m e l y :^
(a) assess the requirements of any machinery, equipment and spares, including ancillary material, required for the handling and processing of marine products and, where necessary, recommend and arrange for Import of such machinery, equipment, spares and ancillary material;
(b) assess the standards of quality of Indigenous processing equipment and recommend measures for their Improvement;
SEC- 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1369(c) suggest the manufacture of new modern items of equipment required
lor the marine products industry;
(d) augment the availability of raw material for processing; (e) assess the requirements of the marine products industry for cold-storage, transport and other facilities and ensure provision of such facilities; (f) specify and enforce the lay-out of the processing plants, equipment and other matters lor maintaining high quality of the marine products; (g) co-ordinate the demand and availability of reefer space and. hold for regulating the shipment of marine products from the existing as well as new ports;
£h) undertake regulatory measures for conservation and management ot fisheries on behalf of the Ministry ot Agriculture of the Government of India; and
CHAPTER VII
Registration
33. Application for registration.—(l) Every application for the registration of a fishing vessels, processing plant or storage premises for marine products or conveyance used for tne transport of marine products shall be made to the Secretary or other officer authorised by him in Form I, Form II, Form III or Form IV, as the case may be, obtainable from the offices of the Authority on payment of rupees five for each application.
(2.1 Every application under sub-rule (1) shall be accompanied by a fee of rupees fifteen.
34. Grant of registration certificate.—(1) On receipt of an application under rule .", the Secretary or such officer shall, after making such inquiry as he deems necessary, register the lishins vessels, processing plant, storage premises or con- veyance or b.v order refuse such registration.
(2) Where the application for registration is refused, the reasons for such refusal shall he recorded in writing and a copy of the same alongwlth the order of refusal shall be furnished to the applicant; and the fees paid by the applicant shall be refunded to him.
(3) Where the application for registration is not refused, a certificate of regis- tration shall be Rranted in Form V, Form VI, Form VII or Form VIII, as the case may be, and shall be subject to the terms and conditions specified in the certificate.
£5. Power to call for additional Information.—(1) The Secretary or other officer authorised by him may require the apnlicani to furnish within a specified period such additional information as he may consider necessary for the purpose of registration and every such applicant shall be bound to furnish such information within the specified period.
(2) The Secretary or other office" may. }y order, refuse an application to register a fishing vessel, processing plant, storage premises or conveyance if the applicant fails to furnish the information asked for or furnishes Incorrect In- formation:
Provided that a copy of the order together with the reasons for such refusal shall be communicated to the applicant.
36. Cancellation of registration.—Where the Secretary or other officer is satisfied that any person has obtained a certificate of registration under rule 34 by furnish- ing incorrect information or that he has contravened any of the provisions of these- rules or of the conditions mentioned in the certificate of registration, the Secretary or such officer may. without preiudice to any other action that may- be taken afiainst such person, by order, cancel the certificate of registration:
Trovidcd that bnfore cancelling such certificate, the person concerned shall be given an opportunity to make his representations:
1370 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—Provided further that a copy of the order together with the reasons for the cancellation shall be communicated to the person concerned.
37. Appeal.—Any person aggrieved by an order of refusal under rule 34 or rule 35 or an order of cancellation under rule 36 may, within thirty days from the date of receipt by him of a copy oi the order of retusal or cancellation, as the case may be, appeal to the Chairman who may either affirm, vary or set aside such order.
38. Transfer of fishing; vessels.—(1) Where a fishing vessel, processing plant, storage premise or conveyance is transferred by way of sale, mortgage or other- wise, the transferee shall, within a period of one month from the date of such transfer apply to the Secretary or other officer authorised by him for registering the transfer alongwith the documents evidencing such transfer.
(2) Every such application shall be accompanied by a fee of rupees fifteen.
(3) The Secretary or other officer shall, after making such Inquiry as he deema necessary, register the transfer and record an entry to that eliect In the certificate of registration.
39. Change of details Included In the certificate of registration.—(1) If during the period when the registration of the fishing vessel, processing plant, storage premises or conveyance is in force, the owner thereof desires to change th? place •where the processing plant or storage premises is located, or the lay out as ap- proved by the Authority, or any change in its capacity or otherwise, or change the place of operation of the fishing vessel or conveyance, he shall apply to the Secretary or other officer authorised by him at least thirty days in advoTit't oi such intended change.
(2) Every such application shall specify In detail the new place, lay out or other changes, the area of operation, as the case may be. and shall be accompanied hy a fee of rupees fifteen.
(3) Where the Secretary or other office- agrees to the change, he shall enter the details of such change in the certificate of registration.
40. Registration of exporters.—No person shull, after the expiration of two months from the date of coming into force of this rule, export any marine pro- ducts unless he has been registered as an exporter with the Authority. The applicant will be allowed to export during the period of one month pending issue of the Certificate of Registration:
Provided that this rule shall not apply to the export of marine products—
(a) by or on behalf of the Central Government or the Authority or any person authorised by the Central Government or the Authority to export marine products;
(b) by means of a gift parcel or sending of samples; (c) as personal effects of passengers; (d) for any non-commercial purposes; and (e) for any exhibition abroad.
41. Application for registration.—(1) Every application for registration as an exporter of marine products shall be made tr> the Secretary or other officer authorised by him in Form IX obtained from the offices of the Authority on pay- ment of Rs. 5 for each application and shall be accompanied by a certificate regard- Ing his financial status from any Scheduled bank.
(2) Every application for registration as an exporter shall also be accompanied by a fee of rupees fifteen,
(3) The applicant shall also be hound to furnish such additional information In respect of his application as the Secretary or other officer may require.
42. Grant of a certificate of registration.—(I) On receipt of an application for the erant of a certificate of registration, the Secretary or other officer may, after making such inquiry as he deems necessary, either grant or by order refuse such registration.
Sfc£. 3(ii)] THE OAZETTfe OF INDIA EXTRAORDINARY 137 nrefusal shall be recoraed in writing and a copy of the same along with the order of refusal shall be furnished to the applicant; end the fees paid by the applicant shall be refunded to him.
(3) Where the application for registration is not refused, the Secretary or other officer shall grant the applicant a certificate of registration in Form X which. shall be subject to such conditions as are mentioned in the certificate thereof.
43. Concellation of registration.—Where the Secretary or other officer is satis- fled that any person has obtained a certificate of registration by furnishing incor- rect information or that he has contravened any of the provisons of this rule ar of the conditions mentioned in the certificate of registration, or any person who has been registered as an exporter fails during the period of twelve consecutive months to export any of the marine products in respect of which he is registered, or if the Secretary or other officer is satisfied that such person has become dis- qualified to continue as an exporter, the Secretary or such ofllcet may, alter giving the person who holds a certificate a reasonable opportunity of making his objections, by order, cancel the registration and communicate to him a copy of such order.
44. Appeal.—Any person aggrieved by an order of refusal under rule 42 or an order of cancellation under rule 43 may, within thirty days of the date of- recelpt by him of the copy of the order, appeal to the Chairman who may either affirm, amend or set aside such order.
45. Registers.—The Authority shall maintain the following registers, nameiy:—
(a) a register of fishing vessels; (b) a register of processing slants; (c) a register of storage premises; (d) a register of conveyances; and (e) a register of exporters.
46. Power to call for returns.— ! 1) The Authority may, by general or special order, direct the holder of a certificate of registration issued undor this Chapter to maintain such rorords of his business in such form a:nl manner as may be specified in the order and to submit to the Authority returns relating to his busi- ness in such form as may be specified in such order.
(2) The Chairman or any officer authorised by him in writing, may with a view to secure compliance with these rules,—
(a) require any holder of a certificate of registration to give any informa-
tion in respect of his business; ani
(b) inspect any books, accounts or other documents relating to his business-
CHAPTER VIII
Miscellaneous
47. Payment of fees. -Any fees or amount payable to the Authority under the Act or these rules shall be paid either by money order to the Authority or by cheque or draft drawn in favour of the Authority.
FORM I
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES
1972.
(See Rule 33)
Form of application for registration of fishing vessels
1. Name and address of the applicant in full. 2. Name of the fishing vessel. 3. Particulars of registration, if anv done previously. 4. Particulars of registration under t^e Merchant Shipping Act, 1953. 5. Where and when the fishing vessel was secured.
1372 ™H GAZETTE OF INDIA EXTRAORDINARY [PART II-7. 6. Particulars of fishing vessel:
(a) Length (b) Breadth (c) Draft (d) H. P. of the Engine. (e) Type of vessel.
7. Place where constructed. 8. Year of construction. 9. The port where it is proposed to operate.
10. Number of crew. 11. Mode of payment of registration fees.
Signature of the applicant.
Place: Date:
VERIFICATION
I do hereby declare that to the best of my knowledge " and belief, the above information is correct and complete.
Signature Place: Date:
NOTE.—A lay-out of the Fishing Vessel should be sent along with thJ3 application,
FORM II
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES,
1972.
(See Rule 33)
"Form 0/ application for the registration 0/ processing plant f&r marine products
1. Name and address of the applicant in full. 2. Location of processing plant. 3. Type of processing. 4. Capacity of processing plant:
(ai Length (b) Breadth (c) Height (d) Capacity
1 5. List of machinery with particulars. 6. Total H, P. of motors/prime movers. 7. Type of canning plant. 8. Type of grading. 9. Names of marine products proposed to be processed.
10. Mode of payment of registration fees.
Signature of the applicant.
Place: Date:
VERIFICATION
I do hereby declare that to the best at my knowledge and belief, the above information is correct and complete and that I agree to abide by the conditions of the certificate of registration.
Signature "lace: Date:
NOTE.—1. Separate application should be sent in respect of each building or place where the processing is proposed to be done.
2. A lay-out of the processing plant should be sent along with thia application.
SOT. 3(H)\ THE GAZETTE OF INDIA EXTRAORDINARY 1373/!FORM III THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES,. 1972. (See Rule 33) Form of application for the registration of storage premises for marine products* 1. Name and address of the applicant. 2. Location of storage premises. 3. Capacity of storage:
(a) Length (b) Breadth (c) Height (d) Hold capacity
4. List of machinery with particulars. 5. Names of marine products to be stored. 6. Mode of payment of registration fees.
Signature of the applicant.
Place: Date:
VERIFICATION
I do hereby declare that to the best of my knowledge
Signature and belief, the above information is correct and complete. Place: Date:
NOTE—1. Separate application should be sent in respect of each building or place where storage is proposed to be done.
2. A lay-out of the storage premises should be sent alongwith this- application.
FORM IV THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES 1972. (See Rule 33) Form of application for the reqistt'otion of a conveyance fdr the transport of marine products
1. Name and address of the applicant. 2. Type of conveyance. 3. Registration number, if any of the conveyance. 4. Details of the conveyance regarding machinery, capacity, trailer etc. 5. Mode of payment of registration fees.
Signature of the applicant.
Place: Date:
VERIFICATION
I do harcby declare that to the best of my knowledge
Signature and belief, the above information is correct and completa. Place: Date:
NOTE.—1. Separate application should be sent in respect of each conveyance. 2, A layrout of the conveyance should be sent along with this applica- tion.
FORM V THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES 1972. [See rule 34 (3)] Certificate of registration for fishing vessels
1. Number and date of the certificate of registration, 2. Name of the person to whom the certificate of registration is issued 3. Particulars of the fishing vessel including the port where it is operated."
Signature of the officer issuing the certificate. (Seal of the Authority)'-
374 ™E GAZETTE OF INDIA EXTRAORDINARY [PAST ^It-Conditions of the certificate of registration
1. This certificate of registration is granted subject to the provisions of the Marine Products Export Development Authority Rules, 1972.
2. Any change in the lay-out, design or capacity or other matters should be got approved by the Authority.
3. The sanitary and hygienic requirements should conform to the regulations issued in this behalf by the Export Inspection Agency and the Authority from time to time.
4. The owner should use only approved chemicals for preservation, processing and storage of marine products.
5. The owner shall also comply with such other instructions as may, from time to time be issued by the Authority.
Endorsement of any change in the ownership, etc.
FORM VI THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES.
1972. [See rule 34 (3)1 Certificate of registration of processing plant
1. Number and date of the certificate of registration. 2. Name of the person to whom the certification of registration is Issued. 3. Location of the processing plant. 4. Details of the processing plant. 5. Names of the marine products authorised to be processed.
Signature of the officer issuing the certificate. (Seal of the Authority) Place: Date:
Conditions of the certificate of registration
1. This certificate of registration is granted subject to the provisions of the Marine Products Export Development Authority Rules, 1972.
2. Any change in the lay-out, design or capacity or other matters should be got approved by the Authority.
3. The sanitary and hygienic requirements should conform to the regulations issued in this behalf by the Export Inspection Agency and the Authority from time to time,
4. The owner should use only approved chemicals for preservation, processing and stoBage of marine products.
5. The owner shall also comply with such other instructions as may, from time to time be issued by the Authority.
Endorsement of any change in the ownership, etc.
FORM VII THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES 1972. [See rule 34 (3)] Certificate Of registration of storage premises
1, Number and date of the certificate of registration. % Namp of the person to whom the certificate of registration is issued. 3. Location of the storage premises. 4. Details regarding the storage premises. 5. Name of marine products authorised to ba stored.
Signature of the officer issuing the certificate. (Seal of the Authority) Place; Date:
3(iO] THE GAZETTE OF INDIA EXTRAORDINARY 1375Conditions of the certi/icate of registration
1. This certificate of registration is granted subject to the provisions of the Marine Products Export Development Authority Rules, 1972.
2. Any change in the lay-out, design or capacity or other matters should be Rot approved by the Authority.
3. The sanitary and hygienic requirements should conform to the regulations issued in this behalf by the Exgort Inspection Agency and the Authority from time to time.
4. The owner should use only approved chemicals for preservation, processing and storage 01 marine products.
5. The owner shall also comply with such other Instructions as may, from time to time be issued by the Authority.
Endorsement of any change in the ownership, etc,
FORM VIII THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES,
1972. [See rule 34 (3)1 Certificate of registration of conveyance
1. Number and date of the certificate of registration. 2. Name of the person to whom the certificate of registration Is Issued. 3. Registration numbsr of the conveyance and the type of conveyance. 4. Place of operation. B. Technical details regarding the conveyance.
Signature of the officer issuing the certificate. (Seal of the Authority) Tlace: "Date:
Conditions of the certificate of registration
1. This certificate of registration is granted subject to the provisions of the Marine Products Export Development Authority Rules, 1972.
2. Any change in the lay-out, design or capacity or other matters should be got approved by the Authority.
3. The sanitary and hyffienic requirements should conform to the regulations issued in this behalf by the Export Inspection Agency and the Authority from "time to time.
4. The owner should use only approved chemicals for preservation, processing and storage of marine products,
5. The owner shall also comply with such other .instructions as may, from.
"time to time be issued by the Authority,
Endorsement of any change in the ownership, etc,
FORM IX
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES. 1972. (See rule 41)
Form of application for registration as an exporter of marine products 1, Name ana address of the applicant. .2. Full particulars of the applicant.
(a) year of establishment (b) status of the applicant (0) names of proprietors, partners and directors and their addresses.
"3. Names of marine products which the applicant wishes to export. 4. Whether the applicant is an established exporter or a new comer.
1376 THE GAZETTE OF INDIA EXTRAORDINARY [PART II5. If the applicant is an established exporter, the quantity or the particular of marine products mentioned in item 3 which he had exported during the three- years immediately preceding the date of application.
6. Whether the applicant has produced a certificate from a Scheduled bank (indicate the name and address of the bank).
7. Whether the applicant is a member of any Chamber or Commerce or trade association; if so, particulars should be given.
8. Mode of payment of registration fees.
Signature
Place: Date:
VERIFICATION
I * do hereby declare that to the best of my knowledge and belief, the above information is correct and complete. Place:
Signature
Date:
FORM X
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES,,. 1972.
(See rule 41)
Certificate of registration as an exporter
1. Number and date of certificate of registration. 2. Name and address of the person to whom the certificate is granted. 3. Names of the marine products allowed to be exported.
Signature of the offlcar issuing the certificate. (Seal of the Authority) Place: Date:
Conditions of the certificate of registration
1. This certificate of registration is granted subject to the provisions of the Marine Products Export Development Authority Rules, 1972.
2. The exporter shall see that the quality of the marine products exported by him conform to the specifications recognised by the Central Government under section 6 of the Export (Quality Control and Inspection) Act, 1963 (21 of 1963).
3. The exporter shall conform to the regulations issued by the Export Inspec- tion Agencies and the Authority from time to time in respect of packing, quality control, pre-shipment inspection and other "matters,
4. The sanitary and other hygienic requirements relating to preservation pro- cessing and storage of marine products should also conform to the r?gulations issued by the Export Inspection Agencies and the Authority from time to time.
5. The exporter shall comply with such other instructions as may, from time- to time, be issued by the Authority.
[No. F. 5/14/72-EP(Agri. 1I.)1J
K. V. BALASUBRAMANIAM, Under Secy.
PRINFED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, M1NTO ROAD,
HEW DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DELHI, 1 9 72
- at suchT adjourned meeting to dispose of the business intended to be transacted at the original meeting, irrespective of the number of members present. 16. Chairman of meetings:—The Chairman shall preside over every meeting Of the Authority and in his absence the Vice-Chairman shall preside, and if both the Chairman and the Vice-Chairman are absent, the members present at Hie* meeting shall elect one from among themselves to preside over such meeting. ↩