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.

       

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