Section 1 Short title, extent and commencement.
(1) This Act may be called the Marine Products ExportDevelopment 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 theOfficial Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act.
Section 2 Declaration as to expediency of control by the Union.
It is hereby declared that it is expedientin 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 undersection 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 undersection 7;
(f) "export and import" mean respectively taking out of, or bringing into, India by land, seaor air;
(g) "fishing vessel" means a ship or boat fitted with mechanical means of propulsion which isexclusively 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 aquatic animals or plants or part thereof and any otherproducts which the Authority may, by notification in the Gazette of India, declare to be marineproducts 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 storagepremises for marine products or in relation to any conveyance used for the transport of marineproducts, includes
(i) any agent of the owner; and
(ii) a mortgagee, lessee or other person in actual possession of the fishing vessel, processingplant, 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 ascanning, freezing, drying, salting, smoking, peeling or filleting and any other method of processingwhich the Authority may, by notification in the Gazette of India, specify in this behalf.
Section 4 Establishment and constitution of the Authority.
(1) With effect from such date as the CentralGovernment may, by notification in the Official Gazette, specify in this behalf, there shall be establishedfor the purposes of this Act, an Authority to be called the Marine Products Export DevelopmentAuthority.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract, 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 andone by the Council of States;
(d) five members to represent respectively the Ministries of the Central Government dealingwith
(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 thinkexpedient, to be appointed by that Government by notification in the Official Gazette from amongpersons 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 marineproducts 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 researchesconnected 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 inclause (e) of sub-section (3), the term of office of the members other than the member referred to inclause (b) of that sub-section, and the manner of filling vacancies among, and the procedure to befollowed 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 bythat Government in this behalf, shall have the right to attend meetings of the Authority and take part in theproceedings thereof but shall not be entitled to vote.
(6) The Authority shall elect from among its members a Vice-Chairman who shall exercise such ofthe powers and perform such of the functions of the Chairman as may be prescribed or as may bedelegated to him by the Chairman.
Section 5 Acts or proceedings of Authority or its Committees not to be invalidated.
No act orproceeding of the Authority or any Committee appointed by it under section 8, shall be invalidated merelyby 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 suchCommittee; or
(c) any irregularity in the procedure of the Authority or such Committee not affecting the meritsof the case.
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