Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT

Ministry of Law and Justice

Act nº 13 of 1972


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 13 of 1972

Preamble

THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972

[Act, No. 13 of 1972]

[20th April, 1972]

PREAMBLEAn 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

Section 1. Short title, extent and commencement

(1) This Act may be called THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972.

(2) It extends to the whole of India.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act.

1. All provisions, except sections 11 to 18 enforced on 12-7-1972; sections 11 to 19 enforced from 15-1-1973.


Section 2. Declaration as to expediency of control by the Union

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

Section 3. Definitions

In this Act, unless the context otherwise requires,--

(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" means 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 "includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shell-fish, other acquatic animals or plants or parts 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 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 mortgagee, lessee or other person in actual possession of the fishing vessel, processing plant, storage premises or conveyance;

(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

Section 4. Establishment and constitution of the Authority

(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.

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to 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 Ministers 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 that 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 interests of dealers;

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

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

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

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

Section 5. Acts or proceedings of Authority or its Committees not to be invalidated

No act or proceeding of the Authority or any Committee appointed by it under section 8, shall be invalidated merely by reason of--

(a) any vacancy in, or any defect in the constitution of, the Authority or such Committee; or

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

Section 6. Salary and allowances of Chairman

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

Section 7. Executive Officers of the Authority and other staff

(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 he delegated to him by the Chairman.

(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 allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may be fixed by the Central Government.

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

Section 8. Committees of the Authority

(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.

(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.

Section 9. Functions of the Authority

(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,

(2) Without prejudice to the generality 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 arid such other persons as may be prescribed on any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts therefrom;

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

(k) such other matters as may be prescribed.

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

Section 10. Dissolution of the Authority

(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.

(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

Section 11. Registration of fishing vessel, processing plant, etc.

(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 reason, extend the time-limit for registration by such period as it thinks fit.

(2) Registration once made shall continue to be in force until it is cancelled by the Authority.