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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-14082024-256392
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 462]
NEW DELHI, WEDNESDAY, AUGUST 14, 2024/SHRAVANA 23, 1946
MINISTRY OF COMMERCE AND INDUSTRY
(Department Of Commerce)
NOTIFICATION
New Delhi, the 14th August, 2024
G.S.R. 501(E).—In exercise of the powers conferred by clauses (qa) and (qb) of sub-section (2) of section 33
of the Marine Products Export Development Authority Act, 1972 (13 of 1972), the Central Government hereby makes
the following rules namely:-
1. Short title and commencement.-(1) These Rules may be called the Marine Products Export Development
Authority (Adjucation of Penalties) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) "Act" means the Marine Products Export Development Authority Act, 1972 (13 of 1972)
(b) "adjudicating Officer" means an officer appointed by the Chairman under Section 25A of the Act;
(c) "appellant" means an aggrieved person who makes an appeal before the Appellate Authority;
(d) "appellate authority" means Chairman of the Marine Products Export Development Authority;
(e) "complainant" means an aggrieved person who makes a complaint before the adjudicating officer;
(f) "form" means a form appended to these rules;
(g) "section" means section of the Act.
(2) The words and expressions used in these rules and not defined, but defined in the Act shall have the
same meanings respectively assigned to them in the Act.
3. Holding of inquiry. - (1) For the purpose of adjudication of penalties under section 25A of the Act, on receipt of
any complaint of any contravention of provisions any section specified therein, the adjudicating officer shall, issue a
notice in Form-I to such person, requiring him to show cause within such period as may be specified in the notice
(being not less than seven days from the date of service thereof) why an inquiry should not be held against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been
committed.
(3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that
an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or
through a representative duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his
authorised representative, the contravention committed by such person and the provision of the Act, in
respect of which contravention is alleged to have been committed.
(5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or
evidence under Form-II as he may consider relevant to the inquiry and if necessary, the hearing may be
adjourned to a future date (not later than fifteen days from the first date and up to a maximum of three
dates) and in taking such evidence the adjudicating officer shall not be bound to observe the provisions
of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) While holding an inquiry under these rules, the adjudicating officer may require and enforce the
attendance of any person acquainted with the facts and circumstances of the case to give evidence or to
produce any document which in the opinion of the adjudicating officer may be useful for or relevant to
the subject matter of the inquiry.
(7) If any person fails, neglects or refuses to appear as required under sub-rule (3) before the adjudicating
officer, the adjudicating officer may proceed with the inquiry in the absence of such person after
recording the reasons for doing so.
(8) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer
is satisfied that the person has committed the contravention, he may by order in writing, impose such
penalty under the Act as he considers reasonable.
(9) Every order made under sub-rule (8) shall specify the provision of the Act in respect of which
contravention has been committed and shall contain the reasons for imposing the penalty.
(10) Every order made under sub-rule (8) shall be dated and signed by the adjudicating officer.
(11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of
cost to the person against whom the inquiry was held.
(12) The adjudicating officer shall complete the proceeding within six months from the issuance of the
notice to the person against whom the inquiry was held.
(13) A notice or an order issued under these rules shall be served on the person against whom an inquiry is
held, in any of the following manner:
(i) by delivering or tendering it to that person or his authorised representative; or
(ii) by sending it to the person through electronic means or by registered post or speed post to the
address of his place of residence or his last known place of residence or the place where he
carried on or last carried on, business or personally works or last worked for gain; or
(iii) if it cannot be served in the manner specified under clauses (i) or (ii), by affixing it on the outer
door or some other conspicuous part of the premises in which that person resides or is known to
have last resided or carried on business or personally works or has worked for gain.
4. Appeal. (1) Any person aggrieved by an order of the adjudicating officer under these rules, may prefer an appeal
to the appellate authority under sub-section (2) of section 25A of the Act in Form-III.
(2) The appeal shall be filed with the appellate authority within a period of sixty days from the date of the
order:
Provided that, the appellate authority may, where sufficient cause for not preferring the appeal within
such period of sixty days is given, he may admit the appeal and record the reasons for such extension in
writing.
(3) The appeal shall be accompanied by a copy of order of adjudicating officer issued under sub-rule (8) of
rule 3 and a clear statement of facts appealed against, the grounds for appeal and the relevant section of
the Act.
(4) The appeal shall be filed by the appellant in person or by his duly authorised representative in writing
duly appointed in this behalf, or by registered post or speed post or through electronic means.
(5) The appeal sent by post shall be deemed to have been filed to the appellate authority on the day it is
received.
(6) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be
defective, the appellant authority shall intimate the appellant about the defects and allow him to rectify
the defects within fifteen days and if the appellant fails to rectify such defects within the time period, the
appellate authority may by order and reasons to be recorded in writing, decline to register such appeal
and communicate such refusal to the appellant with a period of seven days thereof. On admission of the
appeal, the appellate authority shall serve a copy of appeal upon the adjudicating officer against whom
the appeal is sought along with a notice requiring him to file his reply thereto, within such period, not
exceeding thirty days, as may be stipulated by the appellate authority in the said notice. The notice may
be served by hand or by registered post or speed post or through electronic means.
(7) On admission of the appeal, the appellate authority shall serve a copy of appeal upon the person against
whom the appeal is sought along with a notice requiring him to file his reply thereto, within such period,
not exceeding thirty days, as may be stipulated by the appellate authority in the said notice.
(8) The notice may be served by hand or by registered post or speed post or through electronic means.
(9) The appellate authority may call for the records relating to the proceedings from the respective
adjudicating officer.
(10) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass
such orders as he may consider reasonable.
(11) The appellate authority shall dispose of the appeal within sixty days from the date of admission of
appeal.
5. Extension of time. - The adjudicating officer or the appellate authority may, for reasons to be recorded in writing,
where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such
period as he considers reasonable.
6. Order and penalties. — (1) Every order under these rules, shall be dated, signed and communicated to all the
parties.
(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India.
Form - I
[See sub-rule (1) of rule 3]
To
---------------------------------
---------------------------------
---------------------------------
SHOW CAUSE NOTICE
Sub: Contravention of the Marine Products Export Development Authority Act, 1972.
Sir/Madam,
As per intimation dated ______________ (copy enclosed), a contravention has been committed under
section ______________ of the Marine Products Export Development Authority Act, 1972 at ______________
2. The above contravention is liable for penalty. Therefore, you are required to show cause within a period of ______
days of service of this notice, why an inquiry should not be initiated against you under section 25A of the Marine
Products Export Development Authority Act, 1972 for imposition of penalty. In case, no reply is received within the
given period, the further action shall be taken under the said Act.
Date and place............
Adjudicating officer
FORM-II
Furnishing of document or evidence by or on behalf of the contravener
[See sub-rule (5) of rule 3]
To
..................................
..................................
..................................
..................................
1. I/We, ............................................
hereby give a statement in reference to the show cause notice dated.......
..................................
..................................
..................................
2. Complete address including postal index number/code and state along with mobile number and e-mail.
3. Signature of the contravener or his authorised representative:
4. Name of the person along with mobile number who has signed.
FORM-III
Appeal
[See sub-rule (1) of rule 4]
To
Appellate Authority,
..................................
..................................
..................................
..................................
1. Particulars of appellant:
(i) Name:
(ii) Address for correspondence:
(iii) Contact No:
(iv) Email:
2. Grounds of appeal:
(A copy of order of adjudicating officer to be enclosed)
3. Date of order of the adjudicating officer:
4. Statement of facts:
I/We..., the appellant hereby declare that the facts stated herein above are correct to the best of my/our knowledge,
information and belief.
5. Signature of appellant and date:
6. Name of appellant:
[F. No. 11/2/2019-EP(MP)Pt.2]
AMARDEEP SINGH BHATIA, Addl. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
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