CHAPTER - VII
Registration

33.

Application for Registration

(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.

4.

Conveyances                        

Amendment vide S. 0. No.
dt. 10.1.1973 vide Ministry’s letter dt. 10.1.1973

(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 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 fees paid by the applicant shall be refunded to him.

(3)

Where the application for registration is not refused. a certificate of registration shall be granted in Form V, Form VI. Form VII or Form VIII, as the ease may be, and shall be subject to the terms and conditions specified in the certificate.

Power to call for additional information

(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 thereunder, if the applicant has rectified the defects and has reasons to believe that he can fully comply with the standards prescribed by the Authority.

Cancellation of registration

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.

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.

Where the Secretary or other officer agrees to the change he shall enter the details of such change in the certificate of registration.

(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

e)

for any exhibition abroad.

In case of items referred to in clauses (b) to (e) of the provision to sub-rule (1), a maximum limit in terms of value shall be fixed by the Authority from time to time, depending on the nature of the product, quantum to be exported, volume of samples to be exhibited/distributed.

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.

Every application for registration as an exporter shall also be accompanied by a fee of  rupees fifteen.

The applicant shall also be bound to furnish such additional information in respect of his application as the Secretary or other officer may require.

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.

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.

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.

Appeal

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.

(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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