Duties, Powers and functions of Nodal Agencies , APEDA

 

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About APEDA under Foreign Trade Policy of India 2015-20

 

Duties, Powers and functions of Nodal Agencies , APEDAThe following extracts of Foreign Trade Policy explain about duties, powers and functions of Nodal Agencies:

 

The duties, powers and functions of Nodal Agencies shall include the following:

The nodal agency shall perform all or one or more than one of the following functions required for the export of Perishable Agricultural Produce through a Single Window Clearance System:

I. Issue Export Documents as per the notified procedure;

II. Collection and remittance of notified charges for issue of export document; and

III. Any other function as APEDA may prescribe.

The Nodal Agency shall be accountable and answerable for the declarations and the truthfulness of the export document to APEDA and the exporter be liable to them on this count.

Significance of Export Document:

The Export Document issued by the Nodal Agencies under the provisions of this Appendix shall be deemed to have been issued by the Government, as required under various Acts and / or rules and / or notifications and / or conventions for the export of perishable agricultural produce or as prescribed from time to time and meet the purposes of the documents as specified in the Schedule A to this Appendix. The documents specified in Schedule B shall only be facilitated by the Nodal agencies. The Nodal agency acting as facilitating agency will compile and consolidate the information and submit Single Export Document (SED) along with Shipping Bill, SDF / GR Form, Commercial Invoice and the Phyto sanitary Certificate (as listed out in Schedule B) to Custom Authorities for ‘Let Export Order’. The format of SED is specified in Schedule C and may be amended & notified by APEDA as per the requirements.

Suspension, Forfeiture and Penalties:

Adjudication of disputes, imposition of penalties, appeals and revisions for contravention of any of the provisions of this Appendix shall be as follows:

i. If APEDA is of the opinion that any accreditation granted to a nodal agency, in the interest of export or in the public interest, be suspended or forfeited, APEDA may after giving a reasonable opportunity to the nodal agency to be heard in the matter, suspend or forfeit the accreditation granted to the said agency of the shipper. However, no such action shall affect the validity of any contract entered into or made before the date of such action, and APEDA may make such provision as it deems fit in the suspension or forfeiture order for the due performance of any contract outstanding on that date;

ii. If any Nodal agency, which is required under this Appendix or any rules made there under:

1. Fails to furnish any document, return or report to APEDA, fails to furnish the same;

2. Fails to file any return or furnish any information, books or other documents within the time specified therefor, in the guidelines;

3. Fails to maintain books of account or records;

4. Does not function with due diligence or does not carry out the function of the Nodal Agency in a manner as intended; or

5. Contravenes any other provision of this Appendix; it shall be liable to a penalty as prescribed by APEDA.

 

 

 

(iii) If any person or a person who is in charge of, and responsible to a nodal agency to conduct the business of the nodal agency obstructs any officer of APEDA or any other person authorized by it to conduct inspection or to discharge any other function assigned by the APEDA, such persons as well as the nodal agency shall be liable to penal action as prescribed by APEDA;

(iv) If any nodal agency, after having been called upon by APEDA in writing to redress the grievances of exporters, fails to redress such grievances within the time specified by APEDA, it shall be liable to a penalty as prescribed by APEDA;

(iv) If any nodal agency indulges in fraudulent and unfair trade practices relating to export documentation, it shall be liable to a penalty and or prosecution as prescribed under the FT (D&R) Act, 1992;

(v) Penalties under sub paras (ii) to (iv) above shall be prescribed by APEDA after prior approval of the Government.

(vi) The DGFT shall be the Appellate Authority for any orders passed by APEDA, under this Appendix.

Amendment of schedule:

The addition/ deletion of any document(s) in the schedule may be carried out through notification by the DGFT without prejudice to any of the provisions contained in The Customs Act 1962, The Shipping Bill and Bill of Export (Form) Regulations, 1991 and The Plant Quarantine Act & Notification 8-97/91-PP.I, dated 26th November 1993.

 

The above information explains about APEDA under Foreign trade policy of India 2015-20.

 

The above information is a part of Online Export Import course




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M.L.MAHESHWARI: have you published any book for guidance of clearance of import export goods from customs

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