MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES, 1972
(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.* ++
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*. 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.
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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.
(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 re
(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 i
The Secretary shall keep a record of the names of members and their addresses.
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.
(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.
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.
(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.
(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).
(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
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(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
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.
(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 aut
(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.
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.
(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.
(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.
(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
(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.
(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.
(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.
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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.
(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 thereo
(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 r
(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.
(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;
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(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
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.
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 ban
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.
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;
(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
(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 su
(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 thereun
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.
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.
(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 I original registration certificate I transfer requests from the original owner, register the transfer and record an entry to that effect 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.
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(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
(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.
(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.
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.
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.
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.
(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.
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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.
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