CHAPTER II

Marine Products Export Development Authority

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 

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.

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.

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.

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.

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.

Acts or proceedings of  Authority or its Committees not to be invalidated

any vacancy in or any defect in the Constitution of the Authority or such Committee; or

any defect in the appointment of person acting as a member of the Authority or such Committee; or

any irregularity in the procedure of the Authority or such Committee not affecting the merits of the case.

Salary and allowance of Chairman

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

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.

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.

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.

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.

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

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.

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

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.

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.

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

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.

Previous

Next