MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

ACT 1972

CONTENT

Government of India
(Ministry of Law and Justice)

The Marine Products Export Development Authority
Act, 1972.
 No. 13 of 1972. (20th April, 1972)  

An Act to provide for the establishment of an authority for the development 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 Development Authority  Act, 1972Short Title extent and commencement
 (2)It extends to the whole of India 
 (3)It 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 this Act.
 
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. 
3.In this Act, unless the context otherwise requires.  Declaration expendiency of control by the Union Definitions
 (a)“Authority” means the Marine Products Export Development 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 profit; 
 (h)“marine products” included all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-fish, other aquatic animals or plants or part thereof and any other products 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. 
 (j)“owner”, in the 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 
  (ii)a mortgage lessee or other person in actual possession of the fishing vessel, processing plant, storage premises or conveyances;  
 (k)“prescribed”, means prescribed by rules made under this Act; 
 (l)“processing” in relation to marine products, includes the preservation of such products such as canning, freezing, drying, salting, 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.Establishment and constitution of the Authority 
 (2)The Authority shall be 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 contract, 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-officio; 
  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; 
   iii)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 the government by notification in the official Gazette from among persons 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. 
   iii)the interest of dealers; 
   iv)the interests of persons employed in the marine products industry; 
   v)the interest of person 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) or sub-section (3), the term of office of the members other than the member referred to in clause (b) of the sub-section, and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members 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 the proceedings thereof but shall not be entitled to vote. 
 (6)The Authority shall elect from among its members a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. 
5.No act or proceedings of the Authority or any Committee appointed by it under section 8, shall be invalidated merely by reason of-Acts or proceedings of  Authority or its Committees not to be invalidated
 a)any vacancy in or any defect in the Constitution of the Authority or such Committee; or
 b)any defect in the appointment of person acting as a member of the Authority or such Committee; or 
 c)any irregularity in the procedure of the Authority or such Committee not affecting the 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 matter as may, from time to time, be fixed by the Central Government.Salary and allowance of Chairman
7.(1)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 Authority 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. 
 (3)The Director and the Secretary to the Authority shall be entitled to such salaries and allowance 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 salaries 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 Government. 
8.(1)The Authority may appoint such Committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.Committees of the Authority
 (2)The authority shall have the power to co-opt as members of any Committee appointed under sub-section (1) such other number of persons 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 measures as it thinks fit, the development under the control of the Central Government of the marine products     industry with special reference to exports.Functions of the    Authority
 (2)Without prejudice to the generally of the provisions of sub-section (1), the measures referred to therein may provide for- 
  (a)developing and regulating off-shore and deep-sea fishing and undertaking measures for the conservation and management of off-shore and deep-sea fisheries. 
  (b)registering fishing vessels, processing plants or storage premises for 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 processing plants or storage premises for marine products and conveyances 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, 
  (g)improving the marketing of marine products outside India, 
  (h)registering of exporters of marine products on payment of such fees as may be 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 matters relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts there from; 
  (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 Central Government. 
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 Government 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
Dissolution of the Authority  
 (2)When the Authority is dissolved under the provisions of sub-section (1). 
  (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 in this behalf; 
  (c)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
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 fishing Vessel, processing plant, storage premises, or conveyance owned by him:

Provided that the Authority may, for sufficient reasons, extend the time-limit for registration by such period as it thinks fit.

Registration of fishing vessel, processing plant etc.
 (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 application, the particulars to be included in such applications, the procedure to be followed in granting and canceling registration and the registers to be kept by the Authority shall be such as may be prescribed.

Application, cancellation, fee payable and other matters relating to registration
13.(i)

Every owner referred to in Sub-Section (1) of Section 11 shall furnish to the Authority at the prescribed time and in the prescribed manner such returns as may be prescribed.

Returns to be made by owners
 (ii)

The Authority may authorise a member of any of its officers to inspect any fishing Vessel, processing plant, storage premises or conveyance at any time to verify the accuracy of any return made under this Section.

CHAPTER IV
Finance, Accounts and Audit
14.

Repealed vide Gazette Notification No.26 dated June 2,2006

 

15.

 

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,

 

17.

1

There shall be formed a Fund to be called the Marine Products Export Development Fund and there shall be credited thereto-

 

 

 

(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 the measures referred to in Section 9.

 

 

2

The fund shall be applied.

 
 

 

a.

for meeting the salaries, allowances and other remuneration of the officers and other employee of the Authority.

 
 

 

b.

for meeting the other administrative expenses of the Authority.

 
 

 

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 Marine Products Export Development fund or any other asset for carrying out the purpose of this Act.

Borrowing powers of the Authority

19.

(1)

The Authority shall maintain proper accounts and other relevant records and prepare annual statement of accounts, including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

Accounts and audit

 

(2)

The accounts of the authority, shall be audited by the Comptroller and Auditor-general of India at such intervals as may be specified 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 has in connection with the audit of Government accounts, and, in particular shall have the right to demand the production of books, accounts connected vouchers and other documents and papers and to 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 thereof 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 provisions 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 exports of marine products

 (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 all the provisions of that Act shall have effect accordingly (52 of 1962).

 
 

(3)

If any person contravences any order made under sub-section (1), 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 for the efficient administration of this Act.

Directions by Central Government

22.

(1)

The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statement and such particulars in regard to any proposed or   existing programme for the promotion and development of the marine products industry, as the Central Government may, from time to time, require.

Returns and reports

 

(2)

without prejudice to the provisions of sub-section (1). the Authority, shall, as soon as possible after the end of each financial year. submit to the Central Government a report in such form and before such date, as may be prescribed, giving a true and full accounts of its activities, policy and programmes during the previous financial year

 
 

(3)

A copy of the report received under-section (2) shall he laid before each House of Parliament.

CHAPTER VI

Miscellaneous

23.

Any person who being required by or under this Act to furnish any return fails to furnish such returns or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.

Penalty for making false returns

24.

 Any person who-

 
 

a)

obstructs any member authorised by the Chairman in writing or any officer or other employee of the Authority authorised by it in this behalf or any person authorised in this behalf by the Central Government or by the Authority. in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or

Penalties for obstructing a member or officer of the Authority in the discharge of his duties and for failure to produce books and other penalties

 

b)

Having control over or custody of any account book or other record, fails to produce such book of       record when required to do so by or under this Acts 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.

25.

Whoever contravenes or attempts to contravene or abets 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 punishable with imprisonment for a term which may extend to six months, or with fine which may extend one thousand rupees or with both and in the case of a continuing such contravention with an additional fine which may extend to fifty rupees for everyday during which such contravention continues after conviction for the first such contravention.

 

26.

(1)

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 as well as the company shall be deemed to be guilty 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.

Offences by Companies

 

(2)

Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company such Director, Manager or Secretary or other officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation – For the purpose 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, means a partner in the firm.

 

27.

No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

Jurisdiction of court

28.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government

Previous sanction of Central Govt.

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.

Protection of action taken in good faith

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 rule under section 33) may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein.

Power to delegate

31.

(1)

If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers necessary or despondent so as to do in the public interest, the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extend, either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this Act.

Suspension of operation of Act.

 

(2)

 Where the operation of any provisions of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension of relaxation may be at any time while this Act remains in force be removed by the Central Government by notification in the official Gazette.

 

32.

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

Application of other
laws not barred.

33.

(1)

The Central Government may, by notification in the Official Gazette, make rules     for carrying out the purposes of this Act.

Power of Central Govt. to make rules

 

(2)

In Particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely

 

 

 

(a)

the number of persons to be appointed as members from each of the categories specified in clause(e) of sub-section (3) of section 4, the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members:

 

 

 

(b)

the circumstance in which and the authority by which a member may be removed.

 

 

 

(c)

the holding of a minimum number of meetings of the Authority 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 of the Authority, its Chairman, the Director and Committees of the Authority with respect to the incurring of expenditure;

 

 

 

(g)

the conditions subject to which the Authority may incur expenditure outside India;

 

 

 

(h)

the preparation of budget estimates of receipts and expenditure of 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 by the Authority;

 

 

 

(j)

the deposit of the funds of the Authority in banks and the investment of such funds;

 

 

 

(k)

the conditions subject to which the Authority may borrow;

 

 

 

(l)

the conditions subject to which and the manner in which 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) of 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)

the form, of and the manner of making applications for registration and for its cancellation by the Authority, the fee payable on such applications and the procedure to be followed in granting and canceling registration and the conditions governing such registration;

 

  

(q)

the 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 made 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 two 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 regulations

 

(2)

Without prejudice to the generality of the foregoing powers 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 form a quorum at a meeting.

 

 

 

b)

the delegation to the Chairman, members, Director, Secretary or other officers of the Authority of any of the powers and duties of the Authority under this Act:

 

 

 

c)

the traveling and other allowances of members of the Authority and of Committees thereof;

 

 

 

d)

the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) 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 function;

 

 

 

h)

the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Authority

 

 

(3)

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 make 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.

RULES

PUBLISHED IN SUB-SECTION (II) OF SECTION 3 OF PART II OF THE GAZETTE OF INDIA EXTRAORDINARY 
DATED 12-7-1972
GOVERNMENT OF INDIA
MINISTRY OF FOREIGN TRADE
    New Delhi, the 12th July 1972
NOTIFICATION
MARINE  PRODUCTS INDUSTRY DEVELOPMENT CONTROL

S. O. No. 485.E. In exercise of the powers conferred by Section 33 of the Marine Products Export Development Authority Act, 1972 (13 of 1972), the Central Government 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.

 

(2)

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)

‘Forms” means a form appended to these rules;

 

(d)

“Secretary” means the secretary to the Authority appointed under Section 7.

 

(e)

“Section” means a section of the Act;

 

(f)

“Vice-Chairman” means the Vice-Chairman of the Authority;

 

(g)

“Year” means the year commencing on the first day of April

 

 

 

 

 

 

*

Amendment vide S.O. No. 1896  Dated: 26.7.1972. 

In exercise of the powers conferred by sub-rule (20 of Rule 1 of the Marine Products Export Development Authority Rules 1972, the Central government hereby appoints the 26th July 1972 as the date on which the provisions of the said Rules other than Chapter VII thereof, shall come into force.

++

Amendment vide 5. 0. No.  Dated:      25.8.1978 

In exercise of the powers conferred by sub-rule (2) of Rule 1 of the Marine Products Export Development Authority Rules, 1972, the Central Government hereby appoints the 25th August 1978 as the date on which the provisions of Chapter VII of the said rules as amended from time to time shall come into force. 

Vide Ministry of Commerce letter dt. 17.8.1978

CHAPTER II

 

The Authority and its Committees

3.Constitution of the Authority: 
 (1)

The Authority shall consist of a Chairman, the members specified in clauses (b), (c) and (d) of sub-section (3) of section (4) and twenty other members representing other interest 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, Tamilnadu and West Bengal.

  

(b)

one member shall represent the Union Territories  of Goa, Daman and Diu, Andaman and Nicobar islands, the Laccadive, Minicoy and Aminidiv, Islands or Pondicherrry, by rotation in that order;

  

Provided that, if any of the Union territories mentioned in this clause becomes a State at any time the person representing the such territory shall continue to be a member of the Authority representing the Union territory till the next constitutions of the Authority. Provided also that the above provision shall apply to the existing members representing the Union territories.

  (c)

Four members shall represent respectively the interest of owners of fishing vessels; processing plants and storage premises for marine products and conveyances used for the transport of marine products.

  (d)

Three members shall represent the interests of dealers and persons employed in the marine products industry.

  (e)

one member shall represent the interest of persons employed in research institutions engaged in the researches connected with the marine products industry; and

  (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 (f) sub-rule (2).

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

  (ii)

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 of members and their addresses

6.

Change of 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.Resignation :
 (1)

A member may resign his office by a letter addressed to the Chairman.

 (2)

The office of a member shall fall vacant from the date on which the resignation of such member is accepted or on expiry of thirty days from the date of the receipt of resignation by the Chairman, whichever is earlier.

 (3)

The Chairman shall communicate the acceptance of the resignation of the member to the Authority at its next meeting

8.

Removal of members :- The Central Government may remove any member from office:-

 (a)if he is of unsound mind and stand so declared by a competent court, or
 (b)if he is an undischarged insolvent, or
 (c)if he is convicted of an offence involving moral turpitude, or
 (d)

if, without the leave of the Chairman, he fails to attend three consecutive meetings of the Authority.

9.Absence from India 
 (1)

Before a member is going out of India

  

(a)

he shall intimate the Secretary of his depart from, and the date of his expected return to 1ndia and

  

(b)

If he intends to be absent from India for a period longer than six months, he shall obtain leave of absence in writing from the Chairman.

 (2)

If a member leaves India without fulfilling the conditions specified in sub-rule (I) he shall be deemed to  have resigned his office with effect from the date of departure from India.

10.Vice-Chairman 
 (1)

The Authority shall, at the last meeting held before 30th June of every year, elect, from among its members a vice-chairman who shall hold office for a period of year from the 1st of July. Provided that in any year in which the term of office of all the members expires on the 30th June, the Vice-Chairman shall be elected at the first meet after reconstitution of the Authority and the Vice-Chairman so elected shall hold office upto 30th of June next following.

 (2)

If a casual vacancy occurs in the office 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 elected under sub-rule (i)

11

Appointment of Committees

 

 

(1)

The Authority shall, at the last meeting held before the 30th of June every year, appoint the following standing Committees, namely:-

 

 

a.

An Executive Committee,

 

 

b.

a Technical Committee, and

 

 

c.

an Export Promotion Committee.

 

(2)

The standing Committees appointed under sub-rule (A) shall hold office for a period of one year from the 1st of July.      

 

(3)

The Executive Committees shall consist of

 

 

a.

The Chairman, who shall be the ex-officio Chairman thereof;

 

 

b.

The Vice-Chairman;

 

 

c.

The Director

  d.

The secretary; and

  e.

three other members to be elected by members of the Authority from among themselves, in such manner as may be laid down by the Authority.

 

(4)

The Technical Committee shall consist of

 

  a.

The Chairman, who shall be the ex-officio Chairman thereof;

  b.

The Vice-Chairman;

  c.

The Director

  d.

eight other members to be elected by the members of the Authority from among themselves in such manner as may be laid down by the Authority.

 

(5)

The Export Promotion Committee shall consist of

  a.

the Chairman who shall be the ex-officio chairman thereof;

  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 promotion Committee.

 

(b)

Technical Committee :
Subject to such restriction as may be imposed by 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 undertaken for the development of activities connected with the distribution, deep sea and off­shore fishing, processing and storage of marine products and conveyance 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 all the functions of the authority with regard to the promotion of exports of marine products.

CHAPTER III
Procedure for meetings 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 presented to him in writing by at least ten members,

 

(2)

The Chairman may require any officer of the Authority or invite any person of standing who has sufficient knowledge, experience or background in a subject relating or relevant to any matter under consideration of the Authority, to attend any meeting of the Authority, but such officer or person shall not be entitled to vote.

 

(3)

At least fourteen clear days before any meeting of the Authority, notice of the time and place of the intended meeting signed by the secretary shall be sent to the Central Government and left at or posted to the address of every members.
Provided that in case of urgency, a special meeting of the authority may be summoned at any time by the Chairman, who shall inform, at least seven clear days in advance, the Central Government and the members of the subject, matter for discussion and the reasons for which he considers the summoning of such meeting urgently.

 

(4)

Notwithstanding anything contained in this rule, the central Government may, at any time call a meeting of the authority.

15.

Quorum 
 

(1)

No business shall be transacted at a meeting of the authority unless there are present at such meeting at least ten members.

 

(2)

If at any time the number of members present at a meeting is less than the number of members specified in sub rule (1), the person presiding shall adjourn the meeting to a date not later than three days from the date of such meeting after informing the members of the date, time and place of the adjourned meeting, and it shall thereupon be lawful for the person presiding at such 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 Vice-Chairman are absent, the members present at the meeting shall elect one from among themselves to preside over such meeting.

17.

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 Authority without the permission of the Chairman.

18.

Voting

 

 

(1)

Every question brought before a meeting of the Authority shall 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 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 the members (other than members who are not in India) by circulation of papers and copies of papers so circulated shall also be sent to the Central Government.

 

(2)

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 ten members of the Board have recorded their views on the proposal or resolution:
Provided further that when a proposal resolution is referred to the members by circulation, any five members may require that the proposal or resolution be referred to members at a meeting and thereupon such reference shall be made to members at a meeting of the Authority provided also that the recourse to circulating resolutions may be adopted only in unavoidable cases.

 

(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 replies from member and such period shall be reckoned from the date on which the notices of business is issued

 

(4)

If a proposal or resolution is circulated under this rule, the result of the circulation shall be communicated all the members and to the Central Government.

 

(5)

All decisions on questions arrived at by circulation of papers shall be placed at the next meeting 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 immediately after these are ready.

 

(2)

When a business is transacted by circulation of papers  under rule 19, a record of business so transacted shall be signed by the Chairman.

 

(3)

The record of business is transacted at every meeting of the Authority shall be signed by the Chairman, the Vice-Chairman or as the case may b e, the member 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.

 

(2)

A copy of every order passed under sub-rule (1) shall be sent to the Authority by the Central Government.

 

(3)

 

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
Powers of the Authority, the Chairman, the
 Director and the Secretary.
22.Power to incur expenditure and to write off losses:
 (1)

Subject to the provisions of the Act, these rules and the rules made by the Central Government relating to revenue and expenditure for the time being in force, the Authority may incur such expenditure as it may think fit on items provided for, and within the amounts sanctioned by the Central Government, in the budget.

 (2)

The Authority may write off losses incurred on account of theft, fraud or negligence upto ten thousand rupees and write off losses or waive recoveries upto twenty thousand rupees in individual cases, subject to the observance of general guidelines, if any, issued by the Central Government from time to time.

 (3)

Re-appropriations between sub-heads under heads of expenditure may be made by the Authority within the overall sanctioned budget for the implementation of schemes approved by the competent authority.

 (4)

The Authority shall not incur expenditure outside India in excess of fifteen 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 for carrying out the measures referred to in section 9.

24.

Contracts

 (1)

The authority may enter into any contracts for the discharge 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; and

  (b)

every agreement or contract for technical collaboration or consultation services with firms or foreign Governments, shall require the previous sanction of the Central Government.

 (2)

Contracts shall not be binding on the Authority unless they are executed by the Chairman or any officer 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 liable under any assurances or contracts made by the Authority and any liability arising under such assurances or contracts shall be discharged from the money at the disposal of the Authority.

25.

Powers and duties of Chairman

 

 

(1)

The Chairman shall be responsible for the proper functioning of the authority and the discharge of its 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.

 

 

(ii)

to exercise administrative control over all departments and officers of the Authority including the Director and the Secretary.

 

 

(iii)

to call for documents and record and to inspect or cause to be inspected, the accounts and places of storage or of business as required under the Act or these rules;

 

 

(iv)

to sanction expenditure for contingencies; supplies and services and 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 committee 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 Committee 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, provided that where the Authority or the Committee, as the case may be modifies or cancels the action taken by the Chairman, any action taken prior to such modification or cancellation shall have effect to the extent that the action so taken cannot be modified or cancelled retrospectively.

26.

Powers of Director

 

 

(1)

The Director shall be responsible for the implementation of the decisions arrived at by the Authority with regard to the planning, development and evaluation of the various matters in relation to offshore 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 other matter and steps to be taken if any to accelerate the quantum of exports of such products.

27.

Powers of Secretary

 

(1)

The Secretary shall be responsible for the implementation 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 be presented to the authority as early as practicable:

 

 

(b)

issue directions as to the method of carrying out the decisions of the Authority.

 

 

(c)

grant or subject to the resolutions by the Authority, authorise some other 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 of the Authority; and

 

 

(e)

present an annual draft report on the working of the Authority to the Authority for approval and submit the report in the form approved by 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 the Parliament.

CHAPTER V
Finance, Budget and Accounts of the Authority

28.

Budget Estimates

 

 

(1)

The Authority shall, in each financial 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 dates as may be appointed by the Government.

 

(2)

No expenditure shall be incurred until the budget is sanctioned by the Central Government and the sanction for that expenditure by the competent authorities is received.

 

(3)

The budget shall be prepared in the following form or as may be directed by the Central Government indicating:­

 

 

(i)

the estimated opening balance;

 

 

(ii)

the estimated receipts referred to in sub-Section (1) of section 17;

 

 

(iii)

the estimated expenditure classified under the following broad heads or such other heads as per the schemes approved by the Central Government.

 

 

 

(a)

Administration; 

 

 

 

(b)

Development;

 

 

 

(c)

Prawn Farming;

 

 

 

(d)

Market and Product Development

 

 

 

(e)

Export Promotion and Publicity;

 

 

 

 

(f)

Statistics;

 

 

 

 

(g)

works;

 

 

 

 

(h)

Financial and other assistance subsidy scheme;

 

 

 

 

(i)

others

 

 

 

Note:

Wherever applicable, full details shall be given, under various Sub-heads for each broad head, indicating estimated expenditure including that of pay of officers, pay of establishment, allowance, honoraria, 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 or with any nationalised bank.

 

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 Trustees Securities or Ten Year Treasury Saving Deposit Certificates or 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 Government, for the time being in force, shall subject to such modifications or adaptations 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, namely:-

 

(a)

assess the requirements of any machinery, equipments 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;

 

(c)

suggest the manufacture of new modern items of equipment required for 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 layout of the processing plants equipment and other matters for 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 of fisheries on behalf of the Ministry of Agriculture of the Government of India; and

 

(i)

undertake such other measures which shall directly or indirectly improve, organise and develop the marine products industry with special reference to exports.

CHAPTER – VII
Registration

33.

Application for Registration

 

(1)

Every application for the registration of a fishing vessel, processing plant or storage premises for marine products or conveyance used for the 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)

Every application under Sub-rule (1) for the registration of a fishing vessel, processing plant. storage premises or conveyance specified in column (1) of the Table below shall be accompanied by the fees specified in the corresponding entry in column (2) of the said Table*

 

 

    

 

                                                                 TABLE

 

1.

Fishing Vessels 

 

 

a.Fishing vessels upto 45′ in lengthRs. 25.00

 

 

b.Fishing vessels of more than   45′ in lengthRs. 100.00
 2.Storage* 
  IChilled and Frozen 
   a)For storage upto and including 50 tonne capacity (both chilled and frozen)Rs. 50.00
   b)For storage above 50 tonne capacity (both chilled and frozen)Rs. 100.00
  IIOther than Chilled and Frozen 
   (a)For storage upto and including 50 tonnes capacityRs. 10.00
   (b)For storage above 50 tonne capacity   Rs. 20.00
 3.Processing Plants 
  (a)For Plants with processing capacity to handle upto and including 5 tonnes raw materialsRs. 50.00 
  (b)For plants with processing capacity to handle above 5 tonnes of raw materialRs. 100.00
 

4.

Conveyances                        

Rs. 25.00
per conveyance
 *

Amendment vide S. 0. No.
dt. 10.1.1973 vide Ministry’s letter dt. 10.1.1973

 *Amendment vide S. 0. No. 914 dt. 6.4.1974
34Grant of registration certificate
 

(1)

On receipt of an application under rule 33, the officer referred to in sub-rule (1) of the said rule shall cause the concerned Regional Office of the Authority to verify the particulars given in the app1ication and to inspect the concerned units to ensure that the unit meets the standards prescribed by the Authority. The certificate of registration shall be issued by the aforesaid officer only if he is satisfied on the report of verification and inspection of the Regional Officer as aforesaid. However, in case any defect is noticed in the application, the attention of the applicant shall be drawn in writing requesting him/her to rectify the defect within a specific period, and in case of failure on the part of the application to rectify the defect within such period that the registration shall be refused.

 

(2)

Where the application for registration is refused the reasons for such refusal shall be recorded in writing and a copy of the same along with the order of refusal shall be furnished to the applicant and fees paid by the applicant shall be refunded to him.

 

(3)

Where the application for registration is not refused. a certificate of registration shall be granted in Form V, Form VI. Form VII or Form VIII, as the ease may be, and shall be subject to the terms and conditions specified in the certificate.

35.

Power to call for additional information

 

(1)

The Secretary or other officer authorised by him may require the applicant 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 officer may, by 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 information.

Provided that a copy of the order together with the reasons for such refusal shall be communicated to the applicant.

 

(3)

Nothing in sub-rule (2) shall preclude the applicant to apply afresh for registration after six months of the rejection made thereunder, if the applicant has rectified the defects and has reasons to believe that he can fully comply with the standards prescribed by the Authority.

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 furnishing 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 officers may, without prejudice to any other action that may be taken against such person, by order cancel the certificate of registration:

Provided that before cancelling such certificate, the person concerned shall be given an opportunity to make its representations:

Provided further that a copy of the order together with the reasons for the cancellation shall be communicated to the person concerned.

37Appeal 
 

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 of the order of refusal or cancellation, as the case may be, appeal to the Chairman who may either affirm, vary or set aside such order.

38Transfer of fishing vessels 
 

(1)

Where a fishing vessel, processing plant, storage premises 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 along with the document evidencing such transfer.

 

(2)

Every such application shall be accompanied by a fee of rupees fifteen.

 

(3)

The Officer referred to in sub-rule (1) shall, after verifying the connected documents original registration certificate transfer requests from the original owner, register the transfer and record an entry to that effect in the certificate of registration.

39Change 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 place where the processing plant or storage premises is located, or the lay out as approved 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 advance of 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 by a fee of rupees fifteen.

 (3)

Where the Secretary or other officer agrees to the change he shall enter the details of such change in the certificate of registration.

40Registration of Exporters 
 

(1)

No person shall. after the expiration of two months from the date of coming into force of this rule, export any marine products 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 gift parcel or sending of samples;

  

c)

as personal effects of passengers;

  

d)

for any non-commercial purposes; and

  

e)

for any exhibition abroad.

 (2)

In case of items referred to in clauses (b) to (e) of the provision to sub-rule (1), a maximum limit in terms of value shall be fixed by the Authority from time to time, depending on the nature of the product, quantum to be exported, volume of samples to be exhibited/distributed.

41Application for Registration 
 (1)

Every application for registration as an exporter of marine products shall be made to the Secretary or other officer authorised by him in form IX obtained from the offices of the Authority on payment of Rs.5/- for each application and shall be accompanied by a certificate regarding 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 bound 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

 

 (1)

On receipt of an application for the grant 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.

 (2)

Where the application for registration is refused, the reasons for such refusal shall be recorded in writing and a copy of the same along with 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, 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.Cancellation of registration 
 

Where the Secretary or other officer is satisfied that any person has obtained a certificate of registration by furnishing incorrect information or that he has contravened any of the provisions of this rule or 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 disqualified to continue as an exporter, the Secretary or such officer may, after 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 receipt 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, namely:-
 a)a register of fishing vessels;
 b)a register of processing plants;
 c)a register of storage premises;
 d)a register of conveyances;
 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 under this Chapter to maintain such records of his business in such form and manner as may be specified in the order and to submit to the Authority returns relating to his business 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 information in respect of his business and

 

 

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 any done previously 
 

4.

Particulars of registration under the Merchant Shipping Act, 1953 
 

5.

Where and when the fishing vessel was secured 
 

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 
 

Place:

   
 Date:   
    

Signature of applicant               

  

VERIFICATION
I ……………………………. do hereby declare that to the best of my knowledge and belief, the above information is correct and complete.

 
  Place:  
  Date:  
    

Signature 

 
  Note : A lay-out of the fishing vessel should be sent along with this application. 

  

FORM II
THE MARINE PRODUCTS EXPORT
 DEVELOPMENT AUTHORITY RULES 1972

(See Rule 33)
Form of application for registration of processing plant for 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 
 

 

a.Length 
 

 

b.Breadth 
 

 

c.Height 
 

 

d.Capacity 
 

5.

List of machinery with particulars 
 

6.

Total HP 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. 
 

 

  
 

Place:

   
 

Date:

   
 

 

  

Signature of applicant               

 

 

  VERIFICATION
I ……………………………………..  do hereby declare that to the best of 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.
 
 

 

Place:  
 

 

Date:  
 

 

  

Signature

 
 

 

NOTE:1Separate 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 this application. 
  Place:  
  Date:  
      

  

FORM III
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES 1972

(See Rule 33)
Form of application for registration of storage premises for marine products

 
  1.Name and address of the applicant 
  2.Locations of storage premises 
 

 

3.Capacity of storage 
 

 

  Length 
 

 

  Breadth 
    Height 
    Hold capacity 
  4.List of machinery with particulars 
  5.Name of marine products to be stored 
  6.Mode of payment of registration fees 
      
  Place:  
  Date:  
    

Signature of applicant                             

    

VERIFICATION
I   …………………………………..  do hereby declare that to the best of my knowledge and belief, the above information is correct and complete.

 
  Place:  
  Date:  
    

Signature

 
  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 along with this application 
      

  

FORM IV
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES
 1972
(See Rule 33)
Form of application for the registration of conveyance for 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 
  Place:  
  Date:  
    

Signature of applicant                             

    VERIFICATION
I    …………………………….   do hereby declare that to the best of my knowledge and belief, the above information is correct and complete.
 
  Place:  
  Date:  
    

Signature

 
  Note: 
  

1.

Separate application should be sent in respect of each conveyance

 
  

2.

A lay-out of the conveyance should be sent along with this application

 

  

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 certificate of Registration

 
  

2.

Name of the person to whom the certificate of registration is issued.

 
  

3.

Particulars of the fishing vessels including the port where it is operated

 
  

 

   
  

 

 

Signature of the Officer issuing the certificate

 
  

 

 

(Seal of the Authority)

 
  

 

 

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))
Certificate of registration of processing plant

 

 

 

1.

Number and date of the certificate of registration.

 

 

 

2.

Name of the person to whom the certificate 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. 
  

 

   
  

Place:

 
  

Date:

  
    

Signature of the Officer issuing the certificate.

(Seal of the authority)

 
    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 VII
THE MARINE PRODUCT
S EXPORT DEVELOPMENT AUTHORITY RULES 1972

(See Rule 34 (3))
Certificate of registration of Storage Premises

 
      
  1.Number and date of the certificate of registration. 
  2.Name 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 be stored 
      
  Place:  
  Date:  
    

 Signature of the Officer issuing the certificate
(Seal of the authority)

 
    
 
  

 

 

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 VIII
THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES 1972

(See Rule 34 (3))
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 number of the conveyance and the type of conveyance 
  4.Place of operation 
  5.Technical details regarding the conveyance. 
      
  Place: 
  Date:  
    

Signature of the Officer issuing the Certificate

(Seal of the Authority)

 
    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, 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 IX
THE MARINE PRODUCTS EXPORT
 DEVELOPMENT AUTHORITY RULES 1972

(See Rule 41)
Form of application for registration as an exporter of marine
 products

 
  1.Number and address of the applicant. 
  2.Category of exporter (strike out whichever is not applicable) 
   a)Manufacturer Exporterb)   Merchant Exporter 
   c)Route-through Merchant Exporterd)   Ornamental Fish Exporter 
  3.Full particulars of the form 
   a)Year of establishment of the form 
   b)Whether the firm is Proprietary/Partnership/or a  Limited  Company 
   c)Name of Proprietor, or partners or Directors as the case may be and their addresses. Attach separate sheet, if necessary. 
   d)Affix passport size photograph of the Proprietor/Managing Partner/Managing Director 
   e)Registered address of the firm 
   f)Permanent residential address of the proprietor/Managing Partner/ Managing Director. Please attach proof of residential address 
   g)Telephone Numbers with STD code 
   h)Mobile telephone number  of the Chief Executive   
   i)Email ID of the firm 
   j)Website, if any 
  4.Category of marine products, which the applicant wishes to export. Please tick.(   ) 
   Frozen Marine ProductsCanned Marine Products 
   Freeze Dried Marine ProductsLive marine products, other than Ornamental fish 
   Dried Marine ProductsChilled Marine Products 
   Ornamental FishOther (specify) 
  5.Is the applicant an established exporter?                    YES/NO 
   If yes  (A) Quantity and value of exports made during the last three years 
    (B)  Has the applicant been deregistered as an exporter of marine products? 
           If yes, indicate reasons for deregistration and the year of deregistration 
  6.Name and address of processing plant/handling facility where the applicant proposes to process and store marine products. Attach a copy of the agreement and the original of the undertaking by owner of Processing Plant or Handling Facility addressed to MPEDA 
   a)Approved processing capacity of the plant 
   b)Number of merchant exporters currently processing at the above premises 
   c)MPEDA Registration Number and date of the processing  plant/handling center/storage premises. (Attach original registration certificate issued to the Processing Plant and Storage Premises/Handling Facility 
   d)Whether payment of endorsement fee has been made.      YES/NO 
   e)EIA approval and validity of the processing establishment. (Attach a copy of the same). 
  7.Indicate the name and address of the Scheduled Bank from where  the Bank Certificate is produced 
  8.Whether the applicant is a member of any Chamber of Commerce, SEAI or the FIFO                   YES/NO
If yes, give particulars           
 
  9.If the applicant is a Route-through Merchant Exporter attach relevant copies of approval letter of DGFT 
  10.IE Code number of the applicant
(Attach a copy of the Certificate of Importer Exporter Code  (IEC)
 
  11.Details of payment of registration fee as an exporter 
     
  Place:

Signature of the applicant

 
  Date:

Name

 
    

Designation

 
    

 

 
  

                         Declaration
I ……………………………. ( Name ) do hereby declare that to the best of my knowledge and belief, the above information is correct and complete. I also do hereby certify that I shall handle, process, pack and store the items allowed for export as at Sr. No 4 above only in premises approved by EIA and registered with MPEDA as per the guidelines issued by MPEDA vide Office Order Part 1 – No 10 / 2004 dated 23/7/2004.

 
      
  Place:

Signature

 
  Date:  
  List of enclosures: 
  (1)Passport  size photograph of the applicant 
  (2)Proof of address (PAN Card/Voters ID Card/Passport) 
  (3)Copy of written agreement for utilization of surplus capacity of Processing Plants and Handling Facilities 
  (4)Original of the undertaking by owner of Processing Plant or Handling Facility 
  (5)Original Registration Certificate of Processing Plant/Handling facility for endorsement 
  (6)Original Registration Certificate of Storage premises for endorsement 
  (7)Fee for endorsement (Cash or Demand Draft favoring MPEDA) 
  (8)Certificate from Scheduled Bank showing financial soundness 
  (9)Copy of the Certificate of Importer Exporter Code issued by DGFT 
  (10)Approval letter issued by DGFT in case of Route-through Merchant Exporter 
  (11)Registration fee of Rs.5000/- (Cash or Demand Draft favoring MPEDA) 
  (12)Copy of the purchase order 
     
  

PS –

Certificates at 5 & 6 above shall be colleted from MPEDA after endorsement 
      

  

FORM X
THE MARINE PRODUCTS EXPORT 
DEVELOPMENT AUTHORITY RULES 1972 

(See Rule 42)
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.Category of exporter 
   (Strike out whichever is not applicable) 
   (a)Manufacturer Exporter(c)  Route-through Merchant Exporter 
   (b)Merchant Exporter(d)  Ornamental Fish Exporter 
  4.Name(s) of Marine Products permitted to be exported 
   (1)Frozen Marine Products(5)  Dried Marine Products 
   (2)Canned Marine Products(6)  Chilled Marine Products 
   (3)Freeze Dried Marine Products(7)  Ornamental Fish 
   (4)Live Marine Products, other than Ornamental Fish(8)  Others (Specify) 
  5If Merchant Exporter, details of Processing Plant or Handling Facility, the production from which alone the exporter is allowed to export: 
   Sl NoMPEDA Regn NoName of UnitDate FromDate To  
   1.      
   2.      
   3.      
   4.      
   5.      
   6.      
   7      
     
  6Endorsements (may be done on additional sheets added, if necessary) 
      
    

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, as amended from time to time

 
  2.

The holder will abide by the Guidelines dated 23.07.2004 of MPEDA for issue of Certificate of Registration as an Exporter, as amended from time to time

 
  3.

Only the item(s) permitted to be exported vide Sl No 4 of this certificate will be exported

 
  4.

The exporter shall ensure that the quality of the marine products exported by him conform to the specifications recognized by the Central Government under section 6 of the Export (Quality Control and Inspection) Act 1963 (21 of 1963) and Rules, regulations and instructions there-under, as amended from time to time

 
  5.The exporter shall conform to the rules, regulations and instructions issued by the Export Inspection Council of India, Export Inspection Agency and the Authority from time to time in respect of packing, quality control, pre-shipment inspection and all other matters. 
  6.The sanitary and other hygienic requirements relating to preservation, processing and storage of marine products should also conform to the regulations issued by the Export Inspection Council, Export Inspection Agency and the Authority from time to time 
  7.The exporter shall process, handle, pack or store the items allowed for export as above only in premises registered with MPEDA and approved by the EIA 
  8.The certificate is liable to be cancelled for any act of omission or commission by the holder or by any person utilising the surplus capacity of a processing plant or live fish or dried fish or chilled fish handling facility owned/operated by the holder, either in respect of quality issues or for trade related issues, including cheating, whether or not the complaint can be attributed to the processing unit or handling facility 
  9.The registration shall cease to have validity if the holder becomes no longer entitled to such registration under the provisions of the Guidelines dated 23.07.2004 of MPEDA for issuing Certificate of Registration as an Exporter, as amended from time to time 
  10.The holder shall  indicate  in every  invoice and  shipping  bill   the name and the MPEDA registration number of the processing plant or handling facility where the marine product being exported has been processed/ handled 
  11.

The exporter  shall   comply with such other instructions as may, from time  to time, be issued by   the Government  of India, the  Authority, the  Export  Inspection  Council of India and the Export Inspection Agency

 

REGULATIONS

REGULATIONS 

PUBLISHED IN THE GAZETTE OF INDIA: EXTRAORDINARY (PART III – SEC. 4)

MINISTRY OF COMMERCE AND INDUSTRY (DEPARTMENT OF COMMERCE)

 THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY

 NOTIFICATION NO.1/6/2000-EP (MP) DATED 12TH OCTOBER 2001

In exercise of the powers conferred by section 34 of the Marine Products Export Development Authority Act, 1972 (13 of 1972), the Marine Products Export Development Authority hereby makes the following revised regulations, the same having been approved by the Central Government as required by sub-section (3) of the said section,   namely


CHAPTER
-I
Preliminary

1.

Short title and commencement.

 

 

(1)

These regulations may be called the Marine Products Export Development Authority Regulations, 2001.

 

(2)

They shall come into force on the date of their publication in the official gazette.

2.

Definitions.

 

 

In these regulations, unless the context otherwise requires:­

 

(i)“Act” means the Marine Products Export Development Authority Act, 1972 (13 of 1972);

 

(ii)“Committee” means any of the Committees appointed by the Authority under section 8;
 (iii)“Executive Committee”, “Export Promotion Committee” and “Technical Committee” means respectively the Executive Committee, the Export Promotion Committee and the Technical Committee appointed by the Authority under section 8;
 (iv)“Secretary” means the Secretary of the Authority appointed under section 7;
 (v)“Section” means a section of the Act;
 (vi)“Vice-Chairman” means the Vice-Chairman of the Authority;
 (vii)“Year” means the financial year commencing on the first day of April and ending with the 31st  day of March next following.

CHAPTER -II

Procedure for meetings of the Committees

3.Power to call meetings. 
 (1)

The Chairman of the Committee concerned may, at any time, call a meeting of the Committee and shall do so if a requisition for a meeting of the Committee is presented to him in writing by at least one half of the total number of members of that Committee.

 (2)

The Chairman of a Committee may require any officer of the Authority or invite any other person to attend any of the meetings of the Committee but the officer or person so required or invited shall not be entitled to vote at such meetings.

 (3)

At least ten clear days before any meeting of a Committee, notice of the time and place of intended meeting signed by the Secretary shall be left at, or posted to, the address of every member of the Committee:

Provided that in cases of emergency, special meetings of a Committee may be summoned at any time by its Chairman, who shall inform in advance the members thereof the subject matter for discussions and the reasons for which he considers the summoning of such meeting urgently:

Provided further that no ordinary business shall be transacted at such special meetings 01 a Committee.

 (4)

Notices of every meeting of a Committee shall be sent to the Central Government also.

4.Agenda. 
 (1)The Chairman of the Committee concerned shall cause to be prepared and circulated to all the members of the Committee, at least 10 days before a meeting of the Committee, a list of business to be transacted at such meeting.
 (2)No business, not included in the agenda, shall be transacted at a meeting of a Committee without the permission of its Chairman.
 (3)A copy of such agenda shall be sent to the Central Government also.
5.Quorum. 
 (1)No business shall be transacted at a meeting, of the Executive Committee, the Export Promotion Committee or the Technical Committee unless there are present, at such a meeting a majority of members of the Committee of which at least one shall be an elected member thereof.
 (2)The quorum for a meeting of any Committee, other than a committee referred to in sub-regulation (1), shall be one half of the total number of members of such Committee.
 (3)If at any time, the number of members present in a meeting of a Committee is less than the number specified in sub-regulation (1) or determined under sub-regulation (2) as the case may be, the person presiding shall adjourn the meeting to a date not earlier than seven days from the date of the meeting and inform all the members of the adjourned Committee about the date, time and place of the adjourned meeting and it shall thereupon be lawful for a person presiding to dispose of at such adjourned meeting the business intended to be transacted at the original meeting irrespective of the number of the members attending.
6.Presiding officer of meetings. 
 (1)The Chairman shall preside over the meetings of the Executive Committee, the Export Promotion Committee and the Technical Committee and in the absence of the Chairman, at any meeting of the said Committees, the Vice-Chairman shall preside over the meeting.
 (2)In the absence of the Chairman and Vice-Chairman at any meeting of the Committees referred to in sub-regulation (1), a person elected by the members of the committee from amongst themselves shall preside over such meeting.
 (3)The meetings of any Committee, other than a Committee referred to in sub-regulation (1) shall be presided over by the person appointed as its Chairman:

Provided that in the absence of such person, a person elected by the members of that Committee from amongst themselves shall preside over such meetings.

7.Voting. 
 (1)All questions which may come up for decision before a meeting of any Committee shall be decided by a majority of the members thereof present and voting at such meeting and in the event of an equality of votes, the person presiding over such meeting shall have a second or casting vote.
 (2)All votes at a meeting shall be taken by show of hands unless the person presiding over such meeting decides that the votes shall be taken by ballot.
8.Business by circulation of papers 
 (1)Any business which has to be transacted by a Committee, if the Chairman thereof so considers necessary, be referred to the members of such Committee (other than the members who are absent from India) by circulation of papers.
 (2)Any proposal or resolution circulated under sub-regulation (1) and approved by a majority of the members of such Committee 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 of such Committee at a meeting:

Provided that if three members of such a Committee require that the proposal or resolution be referred to members at a meeting of the Committee, the proposal or resolution shall be placed at a meeting of the Committee.

 (3)Where a proposal or resolution is referred to the members of Committee by circulation of papers, a period of not less than ten days shall be allowed for the receipt of replies and such period shall be reckoned from the date on which such proposal or resolution is circulated.
 (4)If a proposal or resolution is circulated under this regulation, the result of circulation shall be communicated to all the members of the Committee.
 (5)All decisions arrived at by circulation of papers shall be placed at the next meeting of the Committee, for record,
 (6)Copies of any proposal or resolution and the result of circulation of papers shall also be sent to the Central Government at the time of its circulation or communication, as the case may be, and to the members of the Committee.
9.Record of business. 
 (1)A record shall be maintained by such officer as may be specified by the Chairman of all items of business transacted by the Committee and copies of such record shall be sent to the Authority.
 (2)The record of business transacted at a meeting of the Committee shall be signed by the Chairman of the Committee or the person presiding over such meeting.
 (3)When a business is transacted by circulation of papers under regulation 8, a record of business so transacted shall be signed by the Chairman.

CHAPTER – III

Travelling and other allowances payable to members of the Authority or a Committee.

10.  Travelling and daily allowance payable to members of the Authority and Committees.
 (1)Members of the Authority, other than the officials of the Central or State Government shall be entitled to payment of travelling and daily allowances for journeys undertaken by them for attending any meeting of the Authority or of any Committee at the rates admissible to Government Servant of the first grade under the rules made by the Central Government, and for the time being in force:

Provided that such members will be entitled to appropriate hotel accommodation in which case, the rate of daily allowance will be restricted as provided for in the rules made by the Central Government and for the time being in force:

Provided further that the Members of Parliament elected to the Authority under section 4(3)(c) of the Act shall, for such journeys, be entitled to the payment of traveling and daily allowances at the rates as admissible to the Members Of Parliament under the relevant rules of the Parliament, and for the time being in force.

 (2)In the case of any journey performed by an official of the Central or State Government for attending any meeting of a Committee or for any other business of the Authority or a Committee, the travelling and daily allowances admissible to him shall be payable by the Authority at the rates admissible to him under the rules of the Government under which he is for the time being employed:

Provided that such officials will be entitled to appropriate hotel accommodation in which case the rate of daily allowance will be restricted as provided for in the relevant rules of the Government under which he is for the time being employed.

 (3)No traveling allowance or daily allowance shall be allowed to a member of the Authority or of any Committee unless he certifies that he has not drawn any traveling or daily allowance from any other source in respect of the journey or halt, as the case may be, for which the claim is made.
 (4)Traveling allowance should be payable from the usual place of residence of a member of the Authority or a Committee to the place of the meeting or the place where he has gone to attend to any business of the Authority or a Committee and back to his place of residence:

Provided that when the journey commences from or the return journey terminates at any other place, the traveling allowance shall be limited to the amount that would have been payable had the journey commenced from or terminated at the usual place of residence or to the amount payable in respect of the actual journey undertaken, whichever is less:

Provided further that in special circumstances, and with the previous approval of the Central Government, the Chairman may grant traveling allowance from places other than the usual place of residence of a member.

11.Conveyance allowance. 
 (1)No conveyance allowance for attending any meeting of the Authority or a Committee or to any other business of the Authority or a Committee shall be paid to the members of the Authority or a Committee who draw travelling allowance or daily allowance.
 (2)Notwithstanding anything contained in sub-­regulation (1), a member of the Authority or a Committee who is resident at a place where the meeting of the Authority or a Committee is held or where any other business of the Authority or a Committee is transacted may be paid the actual expenditure incurred on conveyance by him subject to a maximum of rupees five hundred per day.

CHAPTER IV   
Delegation of Powers  

12.Power to sanction expenditure 
 (1)

An officer of the Authority in the rank of a Joint Director or a Deputy Director and an officer of the Authority specified as Head of Office by the Chairman shall have power to sanction expenditure upto five thousand rupees recurring and upto one lakh rupees non­recurring relating to schemes already approved by the competent authority and also to office contingencies, supplies and services on any single item at one time, subject to the budget provisions relating to that item.

 (2)

An officer of the Authority of the rank of Assistant Director shall have power to sanction expenditure upto five thousand rupees non­recurring for office contingencies, supplies and services on any single item at one time; subject to the budget provisions relating to that item.

13.Power to re-appropriate between sub-heads of expenditure, write off losses, enter into and execute contracts and lease deeds.
 (1)

The Chairman shall have power to re-appropriate estimated savings between sub-heads within a head of expenditure, subject to a ceiling of 25% of the approved budget.

 (2)

The Chairman shall have power to write off as irrecoverable losses upto an amount of two thousand five hundred rupees. The Secretary shall have no power to write-off irrecoverable losses.

 (3)

The Chairman or any officer of the Authority authorised in this regard by the Authority shall have power to enter into contracts involving expenditure sanctioned by the competent authority.

 (4)

The Chairman shall have power to execute lease deeds and power-of-attorney.

 (5)

The Secretary or any officer of the Authority, authorised in this regard by the Chairman, shall have power to execute such lease deeds and powers-of-attorney, the terms and conditions of which have been approved by the Chairman.

CHAPTER V  

Conditions of Service of Officers and Employees of
 the Authority

14.Pay and allowances and leave and other conditions of service of officers and other employees.
 (1)

The pay and allowances, leave, pension and retirement benefits, disciplinary proceedings and impositions of penalty, other conditions of service including age of superannuation and other facilities such as advances of pay, advances for the purchase of conveyances, construction of houses and the like, in respect of officers and employees appointed by the Authority shall, if no provision is made in these regulations, be regulated in accordance with such rules and regulations as are for the time being applicable to officers and employees of the Central Government of the corresponding grades or status stationed at those places:

Provided that the said officers and employees of the Authority who are in service on the date of commencement of these regulations and who are governed by the contributory provident fund scheme of the Authority shall have the option to elect to be governed either by the said pension-cum-gratuity scheme of the Authority or to continue to be governed by the said contributory provident fund scheme within a period of three months from such date: 

Provided further that where any such officer or employee elects to be governed by the pension-cum-gratuity schemes, the amount representing his own contribution shall be credited to his general provident fund account and contributions made by the Authority as well as by the erstwhile Marine Products Export Promotion Council upto the date of his election, together with the interest thereon, shall form part of the funds of the Authority.

 (2)

No extension of service beyond the age of superannuation shall be granted by the Authority to any of its officers or employees, in cases where exceptional circumstances exist justifying such extension, except with the previous sanction of the Central Government.

15.Controlling officers

 

 

The Chairman shall be the controlling officer in respect of his own travelling and daily allowances and of the members, officers and employees of the Authority or of any Committee:

Provided that the Chairman may appoint an officer of the Authority to be the controlling officer in respect of travelling and daily allowances for the employees of the Authority in the rank of Joint Director or below.

16.Sending persons abroad.

 

 

The Authority shall not send any member or officer or employee of the Authority to places outside India, without the previous sanction of the Central Government.

17.

Operation of accounts.

 

 

All cheques and all orders for making deposits or investments or withdrawal of the same or for the disposal in any other manner of the funds of the Authority shall

 

(i)

If the cheques or orders are for an amount  exceeding Rs.5,00,000I-, be signed by the  Secretary or in his absence, any other officer nominated by the Chairman and the Chairman, and in the absence of the Chairman, such cheques shall be signed by the Secretary or any other officer nominated by the Chairman.

 

(ii)

If the cheques or orders are for an amount not exceeding Rs.5,00,000/-, be signed by the Secretary and an officer nominated by the Chairman, and in the absence of the Secretary, such cheques shall be signed by any two officers nominated by the Chairman.

 

(iii)

In the case of the account operated by the Regional Offices/Centres or the Sub-Regional Offices/Centres of the Authority, the cheques for an amount not exceeding Rs.2,00,000/- be signed by an officer of such office nominated by the Chairman.

Sd/-
(K. JOSE CYRIAC)
CHAIRMAN

The Marine Products Export Development Authority, Cochin.