a) |
a) Every certificate shall be deemed
to have been granted personally to the certificate holder and no certificate
shall be sold or otherwise transferred. |
b)
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Where a certificate holder sells or otherwise transfers
his business to another person, the purchaser or transferee, as the
case may be, shall obtain a fresh certificate in accordance with the
provisions of these Regulations and Rules. |
c)
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Where there is any change in the name or address
of any certificate holding exporter, he shall intimate the change
to the certificate issuing authority within a period of 30 days from
the date of the change. The certificate issuing authority may for
sufficient reasons condone any delay in this regard up to a period
of three months. In case where the delay is not condoned by the certificate
issuing authority or requisite intimation about the change is not
sent within the time specified, the exporter shall apply for fresh
registration. In the case of manufacturer-exporters the certificate
issuing authority shall also verify whether the permission of the
sponsoring authority in regard to the change has been obtained. After
due verification, the certificate issuing authority may issue a fresh
registration certificate to the new concern, which shall be valid
from the date of change in name or address as the case may be. |
d)
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Where there is a change in the constitution of a
certificate holding exporter firm by death and consequential admission
of the legal heirs of the diseased as owner or partner (or by a change
of Karta in the case of Hindu undivided family concern), and the reconstituted
firm takes over the business as a whole without any change in its
name and address such change will not require any fresh registration:
Provided that where there is a change in the ownership, constitution,
partnership or power of attorney holder of any certificate holder,
the certificate shall be deemed to have expired and a fresh certificate
shall be required:
Provided further that the said proviso shall not apply to changes
in the constitution of the Board of Directors of public limited companies. |
e)
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If a certificate holder enters into a partnership
in regard to the business covered by his certificate, he/she shall
apply for a fresh certificate. |
f)
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If a partnership holding a certificate is dissolved
every person who was a partner immediately before such dissolution
shall send a report, on the dissolution to the certificate issuing
authority within thirty days thereof. |
g) |
The certificate holder shall submit a periodical
return regarding exports and imports of spices in the prescribed form
as specified by the Board, from time to time |
h) |
Subject to clause (k) and (I), the certificate holder
shall effect shipment of spices of specified quality standards as
agreed to with the buyer in the export contract. |
i) |
Every exporter of spices shall produce on demand
for inspection by any officer of the Board authorised in this behalf
by the Chairman, all accounts, registers, and other records kept by
him in connection with his business as spices exporter |
j) |
The certificate holder shall fulfill all obligations
under the export contracts entered into with the buyer as per the
terms of the contract and shall not commit any breach of the terms
and conditions of the contract, if the buyer has fulfilled his obligations
under the contract. |
k) |
The certificate holder shall neither contract to
export nor export spices which do not conform to the quality standards
in force in the country to which they are exported, the standards
prescribed by the Prevention of Food Adulteration Act 1954 (37 of
1954) and Rules made thereunder and quality standards prescribed by
the Board, from time to time. |
l) |
The certificate holder shall not export spices
in contravention of the Geographical Indications of Goods (Registration
and Protection) Act, 1999 (No.48 of 1999) and the rules made thereunder,
the Agricultural Produce (Grading and Marking) Act, 1937 (No.1 of
1937) and the rules made thereunder and the Export Quality Control
and Inspection Act, 1963(No.22 of 1963) and the rules made thereunder. |
m) |
Every certificate holder shall, on demand, allow,
any officer of the Board or agency authorized in this behalf by the
Chairman, to draw samples, from spices being processed, packed, stored,
warehoused, container stuffed or transported for export purposes,
for analysis of the same, to verify conformity to prescribed quality
standards, in the laboratories designated by the Board |
n) |
Every certificate holder shall, if so, required
by an officer authorized in this behalf by the Chairman, refrain from
exporting or recall if already exported, at his expense, spices, which,
during analysis of samples drawn as provided in these regulations,
are found to be not satisfying the prescribed standards |
o) |
Every registered exporter shall register his contract
of exports with the Board prior to the export in respect of such spices
as specified by the Board from time to time. |
p) |
Every registered exporter shall register his brand
names in respect of such spices as notified by the Board from time
to time, if they propose to export in consumer packs under brand names.” |