Spices Board (Registration of Exporters) (Amendment) Regulations, 2021 as notified by Notification No. F. No. MKT-REGN/0002/2017 Dtd. 25th October, 2021
By exercising the powers conferred under Section 39 of the Spices Board Act, 1986, the Spices Board, with the previous approval of the Central Government, has notified a set of amendment regulations to further amend the Spices Board (Registration of Exporters) Regulations 1989, which shall come into force on the date of its publication in the Official Gazette i.e., 02nd day of November, 2021.
| Sr. No. | Regulations | Comments |
| 1 | Substitution: Regulation 3(1):
An application for grant of certificate under section 12, shall be made to the Board in the prescribed form and shall be accompanied by a fee as given below, plus tax as applicable, (i) Manufacturer Exporter: Rs.15,000/- (ii) Merchant Exporter: Rs.10,000/- |
In the existing provisions of this sub-regulation, it was provided that the application for grant of certificate under section 12 shall be made to the Board to obtain certificate for a block period of 3 years or part thereof which is now removed and is modified and inserted in sub-regulation (6). |
| 2 | Substitution: Regulation 3(2):
The fee shall be payable in the form of bank transfer or other electronic mode of payment and there shall be a periodic revision of fees for grant of certificate, as specified by the Spices Board. |
Vide this amendment, the Board has removed the option of paying the fees by crossed account payee demand draft and has provided that the fees shall be paid either by bank transfer or any other electronic payment mode. |
| 3 | Insertion: Regulation 3(6):
after the words “issue a certificate”, the words “valid for three years from the date of issue”, shall be inserted. |
In the existing provisions, this point was a part of sub-regulation (1). However, it is now modified and inserted in this sub-regulation. Here, the point to note is that, the certificate shall be granted for a period of 3 years and not for a shorter period. |
| 4 | Insertion: Regulation 3(8):
(8) Every applicant for certificate of registration as exporter of spices shall notify Spices Board, of each establishment or unit under its control that carries out any of the stages of warehousing, processing, value addition etc of spices for export and shall also ensure that the Board always has up-to-date information on such establishments, including any significant change in activities and any addition or closure of an establishment or unit”. |
Self-explanatory. |
| 5 | Substitution: Regulation 4(2):
The fee shall be payable in the form of bank transfer or other electronic modes of payment and there shall be periodic revision of fees for renewal or issue of duplicate certificate, as prescribed by the Spices Board. |
Vide this amendment, the Board has removed the option of paying the fees by crossed account payee demand draft and has provided that the fees shall be paid either by bank transfer or any other electronic payment mode. |
| 6 | Substitution: Regulation 5(3):
for the words “or crossed account payee demand draft drawn in favour of the Spices Board, payable at Ernakulam or Kochi, and for every subsequent block period, there shall be a revision of fees for amendment of certificate, as prescribed by the Spices Board time to time.”, the following words shall be substituted, namely: “or other electronic modes of payment and there shall be a periodic revision of fees for amendment of certificate, as prescribed by the Spices Board” |
Vide this amendment, the Board has removed the option of paying the fees by crossed account payee demand draft and has provided that the fees shall be paid either by bank transfer or any other electronic payment mode. |
| 7 | Substitution: Regulation 5(4):
for the words “accompanied by the fee as specified in sub-regulation (1) of regulation 3”, the following words shall be substituted, namely: “accompanied by the applicable fee” |
– |
| 8 | Substitution: Regulation 5(5):
for the words “a fresh registration certificate”, the words “an amended certificate” shall be substituted. |
In the existing provisions, the certificate issuing authority after verifying that whether the permission of the authorities concerned, in regard to the change, has been obtained or not, used to issue a fresh registration certificate. Post to this amendment, the authority shall not issue a fresh certificate rather, it will issue an amended certificate, so as to retain the original certificate no. and other identifying details. |
| 9 | Substitution: Regulation 5(11), (15) & (16):
for the words “by the Chairman”, the words “by the Secretary”, shall be substituted. |
The powers exercised by the Chairman under sub-regulations (11), (15) & (16) is now vested in the hands of the Secretary. |
| 10 | Insertion: after Regulation 5(18):
(19) Every registered exporter shall inform Spices Board of any suspension, revocation or cancellation of the certificate of Importer-Exporter Code, granted in its favour by the Directorate General of Foreign Trade not later than three working days from the date of such order of suspension, revocation or cancellation. (20) When the certificate of Importer – Exporter Code granted by the Directorate General of Foreign Trade is suspended, revoked or cancelled, the Certificate of Registration as Exporter of Spices granted under the Spices Board (Registration of Exporters) Regulations 1989 as amended till date, shall be deemed to have been cancelled. (21) Spices Board may reconsider the cancellation of such certificate of registration as exporter of spices, that has been cancelled as a consequence of the suspension, revocation or cancellation of certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade, if- (i) the suspension, revocation or cancellation of the certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade has been withdrawn; or set aside; or (ii) a fresh certificate of Importer-Exporter Code has been issued to the said exporter by the Directorate General of Foreign Trade. |
1. Registered exporters shall inform Spices Board of any suspension, revocation or cancellation of the certificate of Importer-Exporter Code within 3 working days from the date of such order.
2. As a consequence of such suspension, revocation or cancellation, the Certificate of Registration as granted under these regulations shall be deemed to be cancelled. 3. Spices Board may reconsider the cancellation of such certificate of registration in the following cases: a. The order is withdrawn or set aside by DGFT; or b. A fresh certificate of IEC is issued to the exporter. |
Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.
The author can also be reached at cstanveersaluja@gmail.com.
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SPICES BOARD
NOTIFICATION
Cochin, the 25th October, 2021
F. No. MKT-REGN/0002/2017.—In exercise of the powers conferred by Section 39 of the Spices Board Act,1986 (10 of 1986), the Spices Board, with the previous approval of the Central Government, hereby makes the following regulations further to amend the Spices Board (Registration of Exporters) Regulations 1989, namely:-
1. Short title and commencement- (1) These Regulations may be called the Spices Board (Registration of Exporters) (Amendment) Regulations, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Spices Board (Registration of Exporters) Regulations 1989 (hereinafter referred to as the said regulations), in regulation 3,-
(a) for sub-regulation (1), the following sub-regulation shall be substituted, namely :-
“ (1) An application for grant of certificate under section 12, shall be made to the Board in the prescribed form and shall be accompanied by a fee as given below, plus tax as applicable,
(i) Manufacturer Exporter : Rs.15,000/-
(ii) Merchant Exporter : Rs.10,000/-
(b) for sub-regulation (2), the following sub-regulation shall be substituted, namely:-
“ (2) The fee shall be payable in the form of bank transfer or other electronic mode of payment and there shall be a periodic revision of fees for grant of certificate, as specified by the Spices Board” ;
(c) in sub-regulation (6), after the words “issue a certificate”, the words “valid for three years from the date of issue”, shall be inserted;
(d) after sub-regulation (7), the following sub-regulation shall be inserted, namely:—
“(8) Every applicant for certificate of registration as exporter of spices shall notify Spices Board, of each establishment or unit under its control that carries out any of the stages of warehousing, processing, value addition etc of spices for export and shall also ensure that the Board always has up-to-date information on such establishments, including any significant change in activities and any addition or closure of an establishment or unit”.
3. In the said regulations, in regulation (4), for sub-regulation (2), the following sub-regulation shall be substituted, namely :-
“(2) The fee shall be payable in the form of bank transfer or other electronic modes of payment and there shall be periodic revision of fees for renewal or issue of duplicate certificate, as prescribed by the Spices Board”.
4. In the said regulations, in regulation (5),-
(a) in sub-regulation 3, for the words “or crossed account payee demand draft drawn in favour of the Spices Board, payable at Ernakulam or Kochi, and for every subsequent block period, there shall be a revision of fees for amendment of certificate, as prescribed by the Spices Board time to time.”, the following words shall be substituted, namely:-
“or other electronic modes of payment and there shall be a periodic revision of fees for amendment of certificate, as prescribed by the Spices Board”;
(b) in sub-regulation 4, for the words “ accompanied by the fee as specified in sub-regulation (1) of regulation 3”, the following words shall be substituted, namely:-
“accompanied by the applicable fee”;
(c) In sub-regulation (5), for the words “a fresh registration certificate”, the words “an amended certificate” shall be
substituted;
(d) In sub-regulation (11), for the words “by the Chairman”, the words “by the Secretary”, shall be substituted;
(e) In sub-regulation (15), for the words “by the Chairman”, the words “by the Secretary”, shall be substituted;
(f) In sub-regulation (16), for the words “by the Chairman”, the words “by the Secretary”, shall be substituted.
(g) after sub-regulation (18), the following sub-regulations shall be inserted, namely:—
“(19) Every registered exporter shall inform Spices Board of any suspension, revocation or cancellation of the certificate of Importer-Exporter Code, granted in its favour by the Directorate General of Foreign Trade not later than three working days from the date of such order of suspension, revocation or cancellation.
(20) When the certificate of Importer – Exporter Code granted by the Directorate General of Foreign Trade is suspended, revoked or cancelled, the Certificate of Registration as Exporter of Spices granted under the Spices Board (Registration of Exporters) Regulations 1989 as amended till date, shall be deemed to have been cancelled.
(21) Spices Board may reconsider the cancellation of such certificate of registration as exporter of spices, that has been cancelled as a consequence of the suspension, revocation or cancellation of certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade, if-
(i) the suspension, revocation or cancellation of the certificate of Importer-Exporter Code granted by the Directorate General of Foreign Trade has been withdrawn; or set aside ; or
(ii) a fresh certificate of Importer-Exporter Code has been issued to the said exporter by the Directorate General of Foreign Trade”.
No.5/12/2017-Plant-D
D. SATHIYAN, Secy.
[ADVT.-III/4/Exty./394/2021-22]
Foot Note: The principal regulations were published in the Gazette of India vide notification F.No. Admn/Reg/01/89, dated the 5th of October, 1989 and subsequently amended vide —
Notification F.No. Admn/Reg/01/2002, dated the 4th of September, 2002,
Notification F.No. Admn/Reg/01/2003, dated the 30th of June, 2003,
Notification F.No. Admn/Reg/01/2004, dated the 21st of June, 2004,
Notification F.No. Mktg/Regn/01/09/f.No 7/1000/2011 – EP (Agri.V)/ Plant D, dated the 16th April, 2012,
Notification F.No. Mktg/Regn/01/09/f.No 7/1000/2011 – EP (Agri.V)/ Plant D, dated the 3rd of August, 2012 and
Notification F.No. Mkt-Reg/0002/2017- EP (Agri.V)/ Plant D, dated the 2nd January, 2018.
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