अक्सर पूछे जाने वाले सवाल

Yes. Registration as an exporter (both merchant and manufacturer  exporter)  is granted under section 9(2)(h) of Marine Products Export Development Authority (MPEDA) Act 1972 read with rules  40-42 of MPEDA Rules. 

Rule 40 (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:- 

1. by or on behalf of the Central Government or the Authority or any person authorized by the Central Government or the Authority to export marine products;
2. by means of gift parcel or sending of samples (maximum ₹ 10,000/-);
3. as personal effects of passengers (maximum ₹ 5000/-);
4. for any non-commercial purposes (maximum  ₹ 25,000/-; and
5. for any exhibition abroad (maximum ₹1,00,000/-)

Under Rule 41(1) and 42(1), Secretary or other authorized officers are empowered to exercise powers of registration.  

Application shall be submitted online (http://e-mpeda.nic.in/registration/Reg_login. aspx)  along with  prescribed fees and the following  documents to the concerned registering office under whose jurisdiction the registered or Head Office of the applicant is located,: –

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 Plant and Handling Facility.
4. Original of the joint undertaking by the owner of Processing Plant and 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  (IEC) issued by DGFT
10. Approval letter issued by DGFT in case of Route- through Merchant Exporter
11. Registration fee of ₹5,000/- (Cash or Demand Draft   favoring MPEDA)
12. Copy of the purchase order

“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.”

Application for registration as an exporter shall be refused in the following cases: 

1. If the proprietor or any of the Partners / Directors has been convicted by a court of Law.
2. If there is any pending trade dispute against the applicant.
3. If there is any pending complaint against any firm in which the Proprietor or any of the Partners / Directors is involved.
4. If registering office feels that it is a benami concern or it has information that it is so.
5. If the applicant’s registration certificate has been cancelled earlier.
6. If the applicant had violated MPEDA Act / Rules.
7. If the applicant failed to submit any information as required by the registering office.
8. If the application is refused on grounds (4) and (5) above, the matter may be referred to MPEDA HO. 
9. Any other reason, which the Authority has stipulated.  

Where the application for registration is not refused, the Certificate of Registration is issued in Form X subject to the following conditions:-

1. 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 the 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 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 of registration issued to an exporter will be valid for a period of 3 years unless other specified.
9. The certificate is liable to be cancelled for any act of omission or commission by the holder or by any person utilizing 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.
10. 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.
11. The exporter 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.
12. 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.
13. The exporters / processing plant will procure raw material only from approved peeling sheds / pre-processing centers registered by MPEDA.

As per the New Guidelines dated 23.07.2004, exporters are categorized into four, viz:- 

1. Manufacturer Exporter – owner of an approved processing plant, or an approved fishing vessel having onboard processing facilities, or live fish handling facility, or chilled fish handling facility or dried fish handling facility.

2. Merchant Exporter – an exporter who does not own a processing plant, but utilizes the surplus capacity of an approved processing or handling facility.

3. Route through Merchant Exporter – Does an Export House, a Trading House, Star Trading House or Super Star Trading House possess a certificate of approval issued by the DGFT?

4. Ornamental Fish Exporter – is an exporter of ornamental fish but not an exporter of live marine products for human consumption.

 The marine products are classified into 9 categories as given below:- 

1. Frozen Marine Products
2. Canned Marine Products
3. Freeze Dried Marine Products
4. Live Marine Products, other than Ornamental Fish
5. Dried Marine Products
6. Chilled Marine Products
7. Ornamental Fish
8. Other Edible Marine Products (Specify)
9. Other Non Edible Marine Products (Specify)

Merchant exporters of marine products of category 1-3 are required to process from an approved processing (freezing) plant/canning plant.  Merchant exporters of marine products of category 4-6 are required to process from an approved live/dried/chilled fish handling facility.

Non-edible items (such as sea shells, fish bones, oyster powder, prawn feed, fish meal which are not meant for human consumption) are grouped under the category of “Others”, for which also Processing/Handling facility is required.

The products registered under “others” are classified into two.  They are “Others – Edible” & “Others- non edible”.

A. The products which are coming under “Others – Edible” category is given below:

i. Agar Agar   

ii. Sea Weed(Edible) 

iii. Fish Maws(Edible)     

iv. Fish Oil (Edible)

v. Fish Collagen Peptide

vi. Fish Protein powder  

vii. Fish Meal(Edible)  

viii. Fish gelatin 

ix. Seaweed Products (Edible)    

x. Kappa Carrageenan     

xi. Chitin

xii. Chitosan  

xiii. Glucosamine   

xiv. Surimi/ Fish Paste

xv. Surimi Analogue Products    

B. The products which are coming under “Others – Non-Edible” category is given below:

i. Sea Shells                                                                                                

ii. Oyster Shell/Grit/Powder                         

iii. Cultured Pearls    

iv. Wet Salted Stingray Skin 

v. Dried Stingray Skin/Head/Bone/Headbone 

vi. Cuttle Fish Bones                                                                             

vii. Crab Shell     

viii. Fish Skin/Nails/Gills/Scale  

ix. Prawn Feed   

x. Squid Meal 

xi. Fish Bone  

xii. Fish Head Bone b           

xiii. Shrimp Shell / Shrimp  meal 

xiv. Polished Sea Shell

xv. Shrimp Head & Shell Meat       

xvi. Fish paste/Fish Silage (Non-edible)    

xvii. Fish Oil (Non-edible)     

xviii. Animal Feed

xix. Live Aquarium Plants  

xx. Dried Shrimp Shell    

xxi. Fish Powder (Non-edible)    

xxii. Operculum of Non-Restricted Species 

xxiii. Fish Feed (Non-edible)   

xxiv. Fish Meal (Non-edible)  

xxv. Sea Weed (Non-edible)  

xxvi. Dried Shark Skin/Head/Tail  

xxvii. Seaweed Products(Non-edible)

xxviii. Fish Soluble Powder (Non-edible)    

xxix. Fish Protein Hydrolysate Powder (Non-edible)     

xxx. Shrimp Seed 

xxxi. Fish Seed  

xxxii. Crab Seed 

xxxiii. Fish Based Organic Fertilizer     

xxxiv. Fish Soluble Paste (Non-edible) 

xxxv. Scallop Shells

xxxvi. Scampi Seed 

The registration of all entities is granted online.  The field offices are empowered to register Manufacturer Exporter, Route Through Merchant Exporter and Ornamental Fish Exporter coming under their jurisdiction. However, for registering a new Merchant Exporter, the online approval is accorded by Secretary, MPEDA. 

Merchant Exporters should fulfill the following conditions highlighted in the guidelines for obtaining registration:

1. The certificate of registration as an exporter issued to a merchant exporter should indicate the name and number of the processing plant/handling facility and the storage premises the production from which alone the holder is allowed to export.
2. The name and number of the merchant exporter utilizing the surplus capacity of processing plant or handling facility shall be endorsed on the certificates of registration of processing plant/handling facility and storage premises.  However, for endorsing such agreements, a fee of ₹15,000/- (Rupees fifteen thousand only) need to be collected for (a) endorsing the name of the exporter in the certificate of processing plant, (b) in the certificate of storage premises, and (c) for endorsing the processing plant registration number in the certificate of registration as an exporter. 
3. Merchant exporters shall enter into a regular written agreement with the owner of the plant or handling facility for a period not less than 3 years.
4. With a view to preventing frequent cancellation of agreements to circumvent the stipulation of 3-year agreement, once an agreement of 3-years is terminated prematurely, only one more chance would be given to the exporter to enter into an agreement.
5. When merchant exporters, on expiry of their processing agreement wishes to renew/enter into another processing agreement, such requests being normal, may be decided by the head of the field offices themselves, verifying whether there is surplus capacity etc and endorse the processing agreements without referring to MPEDA HO.  Requests for multiple processing agreements by the merchant exporters need to be approved by MPEDA HO.
6. Ordinarily no merchant exporter will be allowed to enter into an agreement with the owners of more than one processing plant for utilizing the surplus capacity.  However, agreements with more than one processing plant can be allowed if the need for the same could be established before the MPEDA on the basis of previous export record of the applicant and the processing requirements.  The onus of proving such need will be on the applicant.  The maximum number of agreements will be limited to four (4).  However, an application for entering into more than one agreement will have to be forwarded by the field offices to the Head Office for consideration and approval.
7. The owner of the plant/handling facility and the merchant exporter will be jointly responsible for acts of omission or commission by the exporter.
8. Merchant exporters will have to indicate the name and number of the processing plant or handling facility and its EIA approval number in the invoice for export of every consignment.
9. The merchant exporter who is utilizing the surplus capacity of processing plant or handling facility will have to export:

a. in his own name

b. in the name of the owner of the processing plant or handling facility

c. In the name of an Export House, Trading House, Star Trading House or Super Star Trading House and he (Merchant Exporter) shall not export in the name of other Merchant or Manufacturer exporters.

a. The name and number of the merchant exporter shall be deleted from the certificate of registration of processing plant, handling facility and storage premises by the owner.

b. Concurrence of merchant exporter is not necessary for the deletion of his name from the registration certificates.

c. The registration as an exporter issued to the merchant exporter will be valid for 12 months from the date of deletion of his name from the certificate of registration of processing plant or handling facility and storage premises.

d. The exporter certificate will continue to be valid if he enters into agreement with another owner before the expiry of 12 months if the exporter certificate is not cancelled before that for any other reason.

e. If the merchant exporter whose agreement has ceased to exist does not enter into an agreement before the expiry of 12 months or does not enter into an agreement with another processor, he shall export only those marine products already processed, packed and stored in the approved processing plant and shall not export marine products processed in any other processing plants. The 12 months period is given to enable the exporter to claim benefits due to him for his previous exports.

Merchant exporters of frozen marine products who are registered on or after 2^nd June 2005 are categorized as ‘New Merchant Exporters’ who should submit a Bank Guarantee of ₹ 15.00 Lakh for a period of five (5) years to MPEDA for enforcing accountability and for honoring the settlement in cases of quality complaints and trade disputes.  The field officers concerned should invariably cross check with the concerned bank the genuineness of the bank guarantee   and also certify that the Bank Guarantee has been verified with the bank, while recommending the case to Head Office.   This bank guarantee shall be renewed after the expiry of 5 years.

Merchant exporters will have to submit an additional bank guarantee of ₹ 10.00 lakh for a period of 5 years if they enter into a second processing agreement with a processing plant located in another state. 

Pre-mature release of bank guarantee to a merchant exporter who does not wish to continue export, shall be done only after one year from the date of export of the last consignment by the exporter.  

The merchant exporter who is utilizing the surplus capacity will have to execute a joint undertaking with the owner of the processing plant or handling facility in stamp paper worth ₹ 200/- that they will be fully responsible for the marine products processed, packed and stored in their premises.  

The validity period of the certificate of registration as an exporter issued to the exporters of marine products (both manufacturer and merchant exporters) is fixed as three (3) years.

Before the expiry of the validity period the exporter concerned should approach MPEDA for renewal/ revalidation of certificate of registration.  A fee of ₹1000/- will be charged as endorsement fee for revalidating the certificate of registration.  

1. 1. In processing plants having freezing or freeze-drying capacity of 5 MTs and below per day, only the owner is permitted to process.  In case he does not wish to process, one merchant or manufacturer can be permitted to process in his place.
   2. In processing plants having freezing or freeze drying capacity of 10 MTs or below, but above 5 MTs, apart from the owner, one merchant or manufacturer can utilize the surplus capacity.
   3. In processing plants having freezing or freeze drying capacity of above 10 MTs the owner and a maximum of two merchant or manufacturer exporters are permitted.
   4. The owner of a live fish handling facility, dried fish handling facility or chilled fish handling facility are permitted to take on up to 2 merchant or manufacturer exporters of live fish, dried or chilled fish as the case may be,  to utilize the surplus capacity of the handling facility, irrespective of the capacity of the handling facility.
   5. When an owner of a processing plant or handling facility does not wish to process and export from his processing plant or handling facility, he will be allowed to take on an extra merchant or manufacturer exporter in his place.  However, he will have to surrender his exporter certificate for cancellation, if he does not own and operate another processing plant or handling facility.

Route through Merchant Exporter is an Export House, a Trading House, Star Trading House or Super Star Trading House possessing a certificate of approval issued by the Director General of Foreign Trade. Separate endorsement regarding utilization of surplus capacity of processing plants etc need not be required as Route through Merchant Exporters are to export marine products of either manufacturer exporters or merchant exporters. 

Ornamental Fish Exporter is an exporter of ornamental / aquarium fish, but not an exporter of live marine products for human consumption. 

A Manufacturer Exporter is an exporter who is an owner of an approved Processing Plant or Handling Facility, or has taken a processing plant or handling facility on lease and utilizes the processing or handling facility for export production.  For utilizing the surplus capacity of another processing plant or handling facility, the following documents are to be produced:

1. A manufacturer exporter is permitted to process from any number of plants.  No endorsement is required in his certificate of registration as an exporter to indicate the name of the processing plant where he is processing.
2. A manufacturer exporter shall enter into a regular written agreement with the owner valid for a period of three years with the conditions stipulated by MPEDA.
3. The manufacturer exporter who utilizes surplus capacity of a processing plant or handling facility will have to execute a joint undertaking with the owner of the plant or handling facility in stamp paper worth ₹ 200/- to the effect that they will be fully responsible for the marine products processed, packed and stored in their premises as per the format prescribed by MPEDA.
4. When a manufacturer exporter utilizes the surplus capacity of another processing plant, the name and number of the processing plant need not be endorsed on the certificate of registration as an exporter issued to him.  However, the name and number of the manufacturer exporter should be endorsed on the certificates of registration of processing plant or handling facility.

More than one product can be permitted in the same certificate for export, provided approved facilities as required are present. Hence separate certificates need not be issued for different items.  However, an endorsement affecting the name of additional product permitted for export will be done on the certificate of registration.

In case an owner does not wish to process/handle and export from his processing plant or handling facility he may be allowed to take an exporter in his place.  But the owner should surrender the certificate of registration as an exporter for cancellation unless he owns or operates (on lease) another plant or handling facility. 

In the case of sale or lease of a processing plant or handling facility, the certificate of registration as an exporter issued to the owner shall be surrendered and cancelled.   

When a manufacturer exporter surrenders his processing entitlement in his own plant and utilizes surplus capacity of another processing plant, he shall become a merchant exporter. The exporter registration certificate issued to him as manufacturer exporter shall be surrendered and cancelled. A new certificate as a merchant exporter shall be issued to the firm, subject to fulfillment of all the requirements as per guidelines dated 23.7.2004 & 27.6.2005 and amended thereafter. 

However, submission of bank guarantee can be waived in this case subject to the following conditions:-

1. Prior to applying for registration as merchant exporter, the applicant should have exported marine products, processed their own processing plant, for a minimum period of 10 years as manufacturer exporter.
2. There should not be any trade/quality dispute remaining unsettled in the case of the above manufacturer exporter.
3. The application for registration as merchant exporter should have been submitted within three months of discontinuing the operation as manufacturer exporter.
4. Manufacturer exporters who operated from leased plant will not be eligible.

When a Merchant exporter becomes a manufacturer exporter by purchase / lease of a processing plant, Bank guarantee furnished, if any, shall be released. 

In this case the manufacturer/merchant exporter may be issued with another certificate of registration “Route through Merchant Exporter”.  

An exporter who is eligible to export an item not mentioned in the exporter certificate shall surrender the certificate issued to him in case he wants to add a new item. RO may endorse the new items permitted to export indicating also the date from which the exporter is permitted to export the item or items newly added. 

If the certificate is lost, the holder will apply for a duplicate certificate to the Registering Office concerned explaining the circumstances under which the certificate was lost and also advertise in a local newspaper, the fact that the registration certificate has been lost and that anyone finding the same should return it to the MPEDA. If no response is received within 15 days, a duplicate can be issued in the certificate form which will not be numbered. A fee of ₹ 5,000/- may be levied.

The duplicate may be superscribed as “Issued in lieu of Certificate No…………….. date ……………….. reported lost and irrecoverable”

“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 12 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.”

If registration is cancelled for malpractice, the same exporter should not be given fresh registration for a period of 3 years.  If the registration is cancelled for any other reason, fresh registration should not be granted for a period of one year. However, in case of manufacturer exporter, the registration shall not be restored before six months in all cases. 

Any person aggrieved by 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 affirm, amend or set aside such order, under Rule 44 of the MPEDA Rules