THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972
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THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972
Title : THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972
Year : 1972
Any person who being required by or under this Act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.
A member or officer of the Authority in the discharge of his duties and for failure to produce books and records Any person who:
(a) Obstructs any member authorised by the Chairman in writing or any officer or other employee of the Authority authorised by it in this behalf or any person authorised in this behalf by the Central Government or by the Authority, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or
(b) Having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules made there under other than the provisions, punishment for the contravention whereof has been
provided for in sections 20,23 and 24, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section:
(a) "Company" means anybody corporate and includes a firm or other association of individuals; and
(b) "Director", in relation to a firm, means a partner in the firm.
No court inferior to that of a Presidency magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government.
No suit, prosecution or other legal proceedings shall lie against the Government, or the Authority or any Committee appointed by it, or any member of the Authority or such Committee, or any officer or other employee of the Government or of the Authority or any other person authorised by the Government or the Authority, for anything which is in good faith done or intended to be done under this Act or the rules made there under.
The Central Government may, by order notified in the Official Gazette, direct that any power exercisable by it under this Act (not being the power to make rules under section 33) may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein.
(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent, either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this Act.
(2) Where the operation of any provision of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be removed by the Central Government by notification in the Official Gazette.
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) The number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (3) of section 4, the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members;
(b) The circumstances in which and the authority by which a member may be removed;
(c) The holding of a minimum number of meetings of the Authority every year;
(d) The procedure to be followed at meetings of the Authority for the conduct of business and the number of members which shall form a quorum at a meeting;
(e) The maintenance by the Authority of records of business transacted by the Authority and the submission of copies thereof to the Central Government;
(f) The powers of the Authority, its Chairman, the Director and Committees of the Authority with respect to the incurring of expenditure;
(g) The conditions subject to which the Authority may incur expenditure outside India;
(h) The preparation of budget estimates of receipts and expenditure of the Authority and the authority by which the estimates are to be sanctioned;
(i) The form and manner in which the accounts should be kept by the Authority;
(j) The deposit of the funds of the Authority in banks and the investment of such funds;
(k) The conditions subject to which the Authority may borrow;
(l) The conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Authority;
(m) The additional matters in respect of which the Authority may undertake measures in the discharge of its functions;
(n) The remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 10;
(o) The form of, and the particulars to be contained in, any returns or reports to be made to the Authority under this Act;
(p) The form of, and the manner of making applications for registration and for its cancellation by the Authority, the fee payable on such applications and the procedure to be followed in granting and cancelling registration and the conditions governing such registration;
(q) The collection of any information or statistics in respect of marine products;
(r) Any other matter which is to be or may be prescribed by, or provided for by rules under, this Act.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) The Authority may make regulations not inconsistent with this Act and the rules made there under, for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) The procedure to be followed at meetings of the Committees appointed by the Authority and the number of members which shall form a quorum at a meeting;
(b) The delegation to the Chairman, members, Director, Secretary or other officers of the Authority of any of the powers and duties of the Authority under this Act;
(c) The travelling and other allowances of members of the Authority and of Committees thereof;
(d) The pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Authority;
(e) The maintenance of its accounts;
(f) The maintenance of the registers and other records of the Authority and its various Committees;
(g) The appointment by the Authority of agents to discharge on its behalf any of its functions;
(h) The persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Authority.
(3) No regulation made by the Authority shall have effect until it has been approved by the Central Government and published in the Official Gazette, and the Central Government, in confirming a regulation, may make any change therein which appears to it to be necessary.
(4) The Central Government may, by notification in the Official Gazette, cancel any regulation which it has confirmed and thereupon the regulation shall cease to have effect.
(5) 1*Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.
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