Andaman and Nicobar Islands Marine Fishing Regulation, 2003

AndamanAnd Nicobar Gazette arnTtm'UT EXTRAORDINARY ~ ~ SlCflI~ld Published by Authority <to 100, 'tlli~,~, 14 ll{, 2004 No. 100, Port Blair, Friday, May 14, 2004 ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATION Port Blair, daled the 14'" May, 2004 No.9312004'.IF.No 5-1 (276)/2002-Dev.l-The Andaman and Nlcobar Islands Manne Fishing Regulation. 2003 (No.1 of 2003)- Part II - Seclion I (No. 63 dated 18th December. 2003) is hereby republished for the informalion of general public. By order and in the name of the lieutenant Governor. Sd/· (Theresa Sandanam) Assistant Secretary (Fisheries) MINISTRY OF LAW AND .JUSTICE (Legislative Department) New Delhi. the 1(ih December. 2003lAgmhayana 27, 1925 (Saka) THE ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, 2003 No.1 of 2003 Promulgated by the President in the Fifty-fourth Year of the Republic oflndla, A Requlation to provide for the requlation of sea fishing of fishing vAssels in the walors surrounding the Union Territory of U,e Andaman and Nicobar Islands and for mailers connected therewith. In exercise of the powers conferred by article 240 of the Constitution. the President is pleased to promulgate the following Regulation made by him: CHAPTER I PRELIMINARY 1. {1) This regulation may be called the Andaman and Nicobar Islands Marine Fishing RegUlation. 2003. (2) II extends to the whole of the Union Territory of the Andaman 'and Nicobar Istanus. (3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette. appoint; and different uates may oe appointed for different provisions of Short litle. extentand commence ment. 2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, MAY 14, 2004. this Regulation and any reference in any such provision to the commencement of this Regulation shall be construedas a referenceto Ute cominginto forceof that provision. Definitions. 2. In Utis Regulation,unless the contextotherwiserequires, b) ·'a.cijndic3Iing offleer' , means My officer of the- Fisheries Department not below the rank of an Assistant Dlrector.of Fisheries authorised under-section 3 to exercise the powers conferred00, and to dischargethe duties imposedupon, such an officer by this Regulation for such areas as may be specified by notification in the Official Gazette. (b) "Administration" means the Administrationof the Union territory of the Andaman and NicobarIslands; (e) "Administrator" means Ute Administrator of Ute Union territory of \he Andarnan and Nicobar Islands appointed by the President under article 239 of the Constitution; (el) "Appellate Board" meanstheAppellate Boardconstituted undersection 18; (e) "authorised officer" meansan officer not below Ute rank of an Assistant Director of Fisheries, authorised by Ute Administratorby notification in the Official Gazette, \0 exe rc ise the powers co nferred on , and discharge the duties impos ed upon such officer by this Regulation; (f) "fish" meansany vertebrate and invertebrate animal in Ute sea, and includes lid., crustacean, shellfish, sea cucumber(beche-de-mer),seagrassesBlld conds (dead or living), excludingUte animalscoveredundertheWildLife(Protection) Act, 1972; SJ< (g) . ,Fisheries Department" meansUte Fisheries Department of the Administra tion: (h) " fisheryofficer" meansan officer of the rank of Assistanlfisheries Guard but not above the rankof AssistantFisheries Development Officerin the Department of Fisheriesor any otherofficerof theAdministration or Ute CentralGovernment, as may be appointed by the Administrator by notification in the OfficialGazelle; (I) "fislling" meansexploitation, catchingorcollection ofvertebrateand invertc brate animals in Ute sea excludinganimalscoveredunder the Wild Life (Protection) Act, I~ 1:.1, and includesfish, crustacean, shellfish,sea cucumber(beebe-de-mer). sea 5),,1 ~rasses and corals (dead or living) by applying or operating any fishing gears or cuhure of fish and its harvest in the waters surrounding Ute Union territory of the Andaman and Nicober 1<I.od5; (j ) " fishing gears" in relation to fishing, includesimplements, nets, hooks and lines. cages. traps harpoons but does not include the explosives, poisons and chem ica ls orany o ther device of mass destruction: (A)"'ishing vessels" means a ship or boat, Whether or not lined w ith mecha nised means of propulsion, which is engaged in sea fishing for profit and includes a catamaran, country craft, canoe and dinghy engaged in sea fishing; (I) " port" means the space within such limits as may, from time to time, be ,kl i<l" u by lile Administrator, by notificationin theOfficial Gazelle, for the purposes of Ihis Regu lation: (m) " prescribed" meansprescribed by rules made under thisRegulation; tn ) " I<.: ~i~k t (" d n"hing ve ssel" mcnnx . {J) a rl~h ing vesse l rcg i"I Ncd under section II of the Ma rine Prouucrs Export DevelopmentAuthority Act, 19i2; j) ,ofI9 ( ii) a ves sel regi stered U 8 fish ing vessel under sect ion 9; [HE ANDAMAN AND NIC08AR EXTRAORDINARY GAZETTE. MAY 14, 2004. 3 (n) " specified area" means such area or areas in ihe waters surrounding the l lnion territory of the Andaman and Nieobar Islands, bUI not beyond the territorial WJh:rs. as Ina)'be specified by the Adm inistrator, by nolifiC2tion inthe Official Gazelle. J . The Ad",in;,<lmlor may, by notiticalion inlheOffici.1Gazette, aulhorise anyofficer ofthe Adruin istrat ic u orof Central Government to exercise the powersconferred on, andto Ui"ilhilf ).:l"the dut ies imposed upon, an authorised officer under lids Regulation in such .arca ut '\ICOIS ' IS may be specified in U10 notification. CIIAPTERII RtGlILAnotl0> F'SnlNG 4. (I) TIleAdministrator, may,havingregard to the provisions of sub-section (2), by ordernouned In theOfficial Gazelle, regulate, restrictor prohibit (iI) Ihe fishing inanyspecifiedareaby suchclassor classesoffishing vesselsas may be prescLij>ed; or (b) thenumberof fishing vessels whichmaybe used for fishing in anyspecified area; or (c) the catching inany specified area of such speciesoffish and for such period as may be specified in the notification: or (ei) the use of such fishinc gear in nnyspecified area as may beprescribed; or (e) fishing in any specified area during such period of day or night as may be prescribed. (2) In makingan orderundersub-section (I ).the Administratorshalthavedue regard to the followingmailers,namely: (0) the need to protect the inte rest of different sections of persons ellgaged in fishing, particularly thoseengaged in fishing by using traditional fishingcrafts such a~ catamaran, country craft. canoe ordinghy; (b) Ille need 10 conservelish and 10 regulate fishing on a scientific basis; (c) Ihe need to maintain law and orderin the sea; (d) the need to IC3se nnyspecified area euu uuuding the islands to conservethe r;,h or shellfis h or to culturethe fish or shellfish', : ;) theneed 10 leaseoUI righl10 fish in Iheterritorial watersfor fISh cultureand harvest; and V) allY other matter as maybe prescribed. 5. Nnown er 01 uurstcr ora fish ing vessel shall usc.or t3USe toallow such vessel tohe used, Iorfishillg ill any mannerwhichcontravenes an order made undersection4: Provided thaI nothing in such order shall be construed as preventing the p3SS3gc of alt ~ · Ii,h illgvessel from. or to, the shore, throughany area whetherspecifiedarea or other \\ i-a-: l'tuvidcd further that the palli.'lOine or such fishing vessel through a.ny specified area ~h ; 1 1I nut. in any mann er.causeany damage to any fishing nets or tackles belonging to any acrsou who engage s in filih ing in the specified area by using any traditional fishing cr aft ;Il l'll ;1 \ l';llalll;l lillJ, country crat l, canoe or dinghy ill accordance with the provisions of this ~t..' ~~III ;lIlt)J1. A tl(hori ~;'l'i (1fI of offlcc!!, Powerto regulate, restr ict or prohibit certain mailers wiuun specified area. I" ohihilioll uu usc or Ii~hill e vessels in con Invent io n o r any order madeundc' sec lion 4, (,. ( /) The ownerof a fishing vessel rna)' make an application (0 the authorised officer l;i ccn .~i l1 l! u l 'I tht: Cl i1l11 (lr ;l licence for using such fi,hin~ ves se l for r. ..hin8 in any spe cified area. Iishinn yc \~c l~ 4 "Illhihil l(lll III 1 ' " I1 ",, ~ 11\ u~ ill J.,: rl ,ht ll l' \' l' ~ "l'l" \\ III"II ;\1 " 'loti 11\ ' \ ' ..svd ( ' .1I1l' l' l l;l 1iou, ' \l' I'"' " .. tou lll ll i ," , \>' " .1'1\0''' 1 Il l' I ' l' l 'l l l \ ' .. " q~ t \l r.U h' " I" ' ; ,;l IIII~: \ vvvc\.. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004 . (2) Every applicalion under sub-section (/) shall be in such [orm, contain such pa'tienlars, and be accompaniedby such fees, as may be prescribed. (3) The authorised officer may. after making such inquiry as he may deem fit and having regard to themallers referredtoinsub-section(4).eithergrantorrefuseto gr;~Jlt.to the owner of the fishing vessel a licence for using such fishing vessel for Iishing Ul the specified area or specifiedareasas may be mentioned in such licence. (./) In granting or refusing to grant a licence under sub-seclion (3). the authorised olficer shallhave regardto thefqllowing matters, namely: (u) whether tue fishing vessel is registered or not; ( /0) Ihe curulitiou of the fi shing vessel including the accessories and Iishing r,~:H Willi wlr icl] It is Ilttcd ; (e) whether any order has been made under section 4; and (d) any other nmt tc r us may he presc ribed. (5) A linccnce granled under this seclion shall be in such fonn and valid for such period and subject to such conditions, including conditionsas to payment of such fees and furnishing such sec urity for the due perform ance of the conditions, IlS may be presc ribe d: Provided that different fees and different amounts by way of security may be prescribed in respect of licences for differentclassesof fishing vessels. (0) A licence granted under this section may be renewed by the authorised oflicer subject to the rules made under sub-section (5). 7 No personshall. after the commencement of thisRegulation, carryon fishing in any specified area using a fishing vessel. which is not licencedunder section6: I', ,,vided 'hal nOlh in!; in this section shall apply to a fishing vessel, which was being used for r" hing in such area immediately before the commencement of this Recut.. ion, for such period as maybespecified by theAdministrator.by notification in theOfficialGazette, H. (I) If the Authorised Ofiicer is satisfied, either on a reference made to him in this ,hch .il! ur oth erwise , that (01) a licence granted undersection 6 has been obtainedby misrepresentation as til an essential fact; or (b) the Iluhk, or a licence has, WIthout reasonablecause. failed10comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Regulationor any order or rule made thereunder. th CII , without prej udi ce 10 any other penaltyto which the holderof the licence may be liable under this Regulation, the authorised officer may, after giving the holder of the licence a reasonable opportunity of showing causeand being heard. cancelor suspend the licence or forfeit the whole or any part or security, if an}', furnished for the due perfouuancc of the conditions subject 10 which the licence has been granted. (2) Subject to any rules that may be madein thisbehalf, theauthorised officer may, for reasons to be recorded ill writing, also vary oramend a licence granted under sectio n 6. q. (I) No owner of a "esseIother than a fishingvessel registeredunder section II of the ~I a , inc Products Export Development Authority Act, 1972. shalluscorcause to be used tor th e rurpo "i(,~ of fi sh in~ in the specified area, unless such vessel is registered as a fishing \ l"i Sd under th is Rcgu lnrion. (2) E"cry application for registration of a vessel as a fishing vessel shall be made by the 0\\ ncr the reo f In the author-ised officer in such fouu and in such manner and shal l be accotupnnicd by such fees, as may be prescribcd. THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. MAY 14, 2004 . 5 (a) before ihe expiry of one month from the dateon which he became the owner of such vessels; or (I') beforeule expiryot uireemonthshomthecommencement of III is Regulation, whichever is later: Provided th;\l the auta orised offic er rna)', for reason s to be recorded in writ ing. extend the lime limit for registration by such period or periods notexceedingsix monthsata time. as he may think flt. ( J) The authoriscd ottlccr shall assign a rcgistrauon number 10Illevessel and issue to the owner or the vessel registeredby hima certificateof'rcgistration in the prescribed from ,md shall enicr the particulars of the certificate in the register 10 be kepi by him in such form as may be prescribed: Provided Ihillthe authorisedofficer may, forreasons 10 be recorded inwriting, refuse to register the vessel. (4) '1he registration once made shall continue 10be in force until it is cancelled by the authorised officer. (5 ) Eve')' vessel registered under thisseclion shall carrythe rcgistrarlcn mark assigned 10 it by the aurhoriscd officer and such mark shall be displayed On the vessel in the prescribed manner. ( f» No vessel, nther than a registered fishing vcssel, shall be entitled to apply for a licence under section 6. W, Where a registered fishing vessel moves Irom the arc? of one port 10 the ar"" of :mu !!H:I' pt'.I , fur l i:oh iu~ in lh ilt aIC.,. the uwner of such fishingvessel shall give inform ation I" Ih'lI effect, in the prescribed manner, to the authorised officer by whom such lishing vcsscl wa«registered and also to the port officer having jurisdiction over the area to which su ch Ii shillg vessel mo ves, I r. U) h ely OWUt. " fa registered fishing vessel shall furnish to Iheauthorised officer ;11 surh lII [l'l \'; :1 ilml in such rnauncr such return as may beprescribed. ( 2)1 he authonscd officer may enter upon and inspectany registered fishing vessel al auy time ,,, verify the correctness of any return furnished by the owner under sub ,« 1;'11I ( I). 12. (I) Any person aggrieved by an order made under section 6 or section 8 or section <) 11Iay, within lhirty days from the daleon which the order iscommunicated to him, I'lel l'r an appeal before the adjudicating officer in the prescribedmanner: 1'. "" jtkt llhal lh< adjudicaling officer may entertain the appeal after the expiry of the ,aid l'<'I i"d " I 'hilll' ,lays, bUI not beyond sisly days, if he is satisfied that the appellant was 1 1 I n l'1l 1nlll~' slI l l ir it' 111l' :IUsc: frol11 filing the appeal in time. ( .'1 1111 "'n'ipt O( an :ll'peal under sub-section ( I), the adjudicating officer shall, allcr gil iug Ihe I',utics a rca<ouablc opportunity of being heard. pass such orders thereon as he (k n ll' Iii;" n prditioll\ ly a~ possible. and in,my C3~r. beforethe expiry ofthrcc I1IOlllli s fWIIl 1111' 11,111' 1 1f l ililll: 1ll" ;l jl il l';d Inf"r ll1alil ln In be ~iven to the a uthcriscd 0 (' fleer about movement or fuhhl ~ ,'c\~c1 \ . It clurO\ 10 he Iumi sh cd h) (, \\,,~ r of rc~is ­ tcrc d fishing vessels. Appeal Jl~:lin~1 ordcrs made under sect io n b . secuon ~ Ot section 9. 1.'. I \l" l y lishl'l)" nt ticcr shall assist (he authorised officer in the discharge of his I'owers and dlll il'" ilnd 1II ,I y dUlin I l ( fh hcry 'oi l il1 l l' l pO.'il· for tile purp ose of preventing, and shall to the best o f his ability oUicer) . [u l"\ t'ul. ,11\' 1"1 111111 1i..sion of an OnCIICe punishable under Ch is Regu lation; r")"",\" inl,' <l ily n: .\~c: 1 or prcuuscs , tor inspecting fishing implements: or fish 11 11.'1 1'111 ,mil d ied, the pl l"q ' ''si o fl o f the fishing licence and rc a is trat ion of the vessel; 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE, MAY 14, < i' l" \ ct t, } ~'nl lor ;f l l d ~ 1 : . II ~ h 1i..11 1111: \ :"\ \\ "h ( IL'I(\,h (,t li ..11 \ \11'. .. \,,,.,,' L ~\\l' \ d l "l', ' ~a l I I[ ,("i/~',l li',\1 I'enal!)'. (e) conductfieldvertication of the fishing implements andcraftsavailal the pan ics wh o hav e applie d for fish ing licence; and (d) on knowingthedesign of any personto commit anoffencepunishab! this Regulation, bring thesame to the noticeof the authorised officer. !4. If the authorised officerhas, either00 receipt of a report of the fishery of otherwise, reason to believethat aoy fishing vessel is beingor has been used in call non ~lf ;lIl Y provision of his Regulation or of any order or rule made thereunder or of \ lt~ \:o lllh lio l\!'l of the licence, he Jnay enter and s earch such vessel a.nd impound the and seize the fish found in it. l~ . (I) The authorised officer shall keep the fishing vessel impounded under: \ ·1 , ill such place and in such manner as may be pres cribed. (2) In theabsenceof suitable facili tiesfor thestorage of'thcfishseized, the autl: olf iccr may. ifhe isof theopinion that thedisposal ofsuch fishis necessary, dispose( I r ~d l lllle! depo s it the proc eeds the reof in the pre sc ribed manner in the; office; c a~lj~Jic;\lil\l~ ulliccr, CHAPTER III A OJUDICATlON I(t , (I) Where any authorised officerhas reason 10 believethat any fishing ve bi,.:i llg. or has been, used in contravention ofany of the provisions of this Regulat ion an)' rule or order made thereunderor of anyof theconditionsof the licence, he shalln rcpon thcrcof'to the adjudicating officer.' (2) The adjudicating officer shall hold an inquiry into the mailer mentioned report in the prescribed manner after giving all the parties concerned a reaso opportunity of being heard. 17. ( I) Theadjudicating officer shall, after theinquiry undersub-section (2) of Sf 16, decide whether any persons has used, or caused or allowed to be used, any f vessel in contravention of any of the provisions of this Regulation or of any rule or made thereunder or allYof the conditions of the licence. and any such person, on ; Iound ~" i lty by the i1djudicalingotncer, Shall be liable to suchpenallynot exceeding, {~f) ill case the vessel involved is lifiy feel or above in Icngth, (i) five thousand rupees, if the value of the fish involved j" I)JH~ thot rupees or less; . (i i) five times thevalueofthe fish, if thevalue of the fish involved is I than one thousand rupees; or (Iii) five thousandrupees, in any other case, being a case not invo] fish, as may beadjudged by the adjudicatingofficer; (b) incase die vessel involved Isbelowlilly leet in IengUI, (i) one thousand rupees, if the valueof the fish involved is notmore one hundred rupees; or ( ii) five limesIhe valueof the fish. if the value of the fish involved is n than one hundred rupees but not morc than one thousand rupees; or (iii) one thousand rupees, in any other case, being a CQ.5C Hot involv li "h, il"1Il:l)' he ndjullged hy the ndjud icaling o ffice r. (.') 1" ad:I;lio" to any penalty th,t may be imposed under sub-section ( I), ;ldjIJdll',lllllg 01J leer may direct thal ~DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004 7 (II) the registration certificate of the fishing vessel which has been used, or cu rsed or allowed10 be used, ill contravention of any provision of this Regulation or nf an y orde r o r rule mode thereunder QI uf any condition of the Iicence shall be (I) cancelled;or (;;) suspended for such peri od as the ~t1j\ldicatinB officer deem s fit; or (h) the fishing vessel which has been impounded and the fish which has been "eim ! ,,"der section 14 shall be forfeited 10 the Administration: Provided thai no fish"' g vessel shall be forfeited under clause (b), if the adjodit alillg officer, after hearing the owner of the vessel or any person claiming ;1" ·\ ' I i! ~h l therelo, is satisfied that uic owner or such person had exercised due care ;1\1:1rautiun for till..' prevention o f the commission o f such o ffenc e. rx, ( I) 'Ihe Admillistrator may, by notification in the Official Gazelle, constitute an l pl'd l il l~ l\ uJn..l. VI II,,· AppellateBoard shall consist of three members one ofwhom shall bea persoll !1lI is or I"" been a District Judge and such person shall be appointed as the Chairperson IheAppellale 1J0ard alldil,e olher members shall be persons having expertise in fisheries law :11\( \ :\11ch o ther qualifications 3 S may be prescr ibed . (.I) '1he Ices and a!'o" ilJlee, payable 10 the Chairperson and other members of the Ippellale Board shall be such as may be prescribed. ( Il Any person aggrieved by an order of thc adjudicating officer may, within thirty Jys Imm tuc date on which the order is communicated, prefer an appeal to the Appellale tu ltL Provided that the Appellate Board may enterta in any appeal after the expiry of the li ,1 period ofth irty days, bur not afier rhe expiry ofsixty days from the dale aforesaid, if lis satistied that the appellant was prevented by sufficient eause from filing the appeal in .w~. (.1) No appeal under this section shall be entertained by the Appellale Board unless a' al'l'ellalll has, at the time of filing the appeal, deposited half of the smoenr of penally Iynblc und er the Ul UC( appealed ag ainst: Provided that, on all application made by the appellant in this behalf, the Appellate .a,,1 may, if it is sarislied that the deposit 10be made under this sub-section will cause "Iu,' h,uushil' 10 the appellant, by order in writiug, dispense with such deposit either conditionally <If subject to such conditions as it may deem Iit to impose. (0) 0 11 receipt of all appeal under sub-section (4), ule Arl"'lIa l~ Board may, aOcr Iilio!, such Inquiry as it deems fit, and alter giving the parties concerned a reasonable ("m ullity of being heard, conlinn, modify or set aside the order appealed against and Ute cision oflhe Appellate Board shall be (mal. (I ) Where the amount deposited by Ute appellant by way of penalty under sub . ion (5) exceeds the amount directed 10 be paid by the Appellate Board, Ihe excess "'lIIt so deposited, or where the Appellate Board sets aside the order imposing penally, whole amount so deposiLed Ly way of penalty, shall be refunded to the appellant. 1'1. The Appellale Iloard mal' call forand examine the records ofany order made under l ion 17and III:a;nsl the order where no appeal has been preferred under section 18. for the ~'f; C' (Of ~HlI i~f)'il1 & ibd ras 10 lhe Icg"hty or propr iety of such orde r or as to the regul arity .I ~· P' lH""l! tIr l' and 1';1 "; ":' sur h order wj J J II C'~I'Ct" lhcrclo 3S it mar think {i t l 'un "hIUlit.n (·r Arrell3Jc HfI :\r,d " n d appcll i to Ap pell :Jle Board. H" , j ( jpn h )' Appellate Ao:ud . 1'1I' ·: i.! t'.111';1111 ! , -io such (l« .J CI shall be made wi thout (;i\'in~ a reasonable op portunity o r ·' l ie :" . 8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004 :ldlmllr:\\ll\l: (llI i' I' r :11I 11 lhe \ l'l'rll ;,!c 1l,1,lld ("llIlIan'lIlillll h,\ ~"lnl';\llic'\ 2U. (I) The adjudicatingofficer.nd IheAppellaterinardshall haveall the powers of a civil court under the Code of Civil Procedure, 1908. while trying a suit in respect of the lililowil\!! matters, namcly--> (II) sunuuouing and enforcing Iht~ ntu-ndance of witnesses: (6) requiring the discovery and production of any document; (c) requisitioningany public record or copy Ihereoffrom any court or office. (d) receiving evidence on affidavits; and (e) issuingcommissions for theexamination of witnessesor documents; (/) any other matter as mny lieprescribed. (2) The adjudicating officer and the Appellate Board, while exercising any power under this Regulation,shall bedeemedto becivil courts for the purposesof sections 345 and 3·1<> ot'thc Codeof CriminalProcedure, 1973. (3) The Appellate Boardshall not be bound by the procedurelaiddown in the Code of CIVil Procedure, 1908. bUI shall be guided by the principlesof naturaljustice and subject to the other provtsrons 01 thIS Rcgulaucn and tne rules made by the Acmlnlstnncr, the AI'I'e1I'lle Board shall regulate its own procedure. 2J. (I) Where a person committing contravention of any of the provisions of (his Regulal,onor any rule or ordermade(hereunderor any oflhe conditionsofa licencegranted uuder it i" ncompany, every person who, at the lime the conuavention was committed. was ill charge of. and was responsible to the company for the conduct or the business 01' the (.'\ '/111';111 y, as ,,~'\:11 as the C\)1l\P:lI1Y. shall be deemed to be guilty ofthe contravention and Soh:tll he liable to be proceeded against and punished accordingly: l'rov idcd th"t nothing contained ill Ihjs sub-section shall render any such person liablc to :.my punishment, if he proves that the contravention was committed without his klll1l1'lcdge or that he had exercised all due diligence to prevent the commission of such contruv cution . (J) Notwithstanding. anything contained "in sub-section (I), where a contravention llnder this Regulation or any rule or order made thereunderor any of the conditions of a licence granted under it has been committed with the consent or connivance of. or is .uuibutahle III any neglect on the partof, anydirector, manager,secretaryor other officer of the C(' lllpany. suchdirector, manager, secretary or otherofficer shall bedeemed to be glli liy "flhal contraventionand shall be liable to be proceeded against and punishedaccordingly. }~'lJ/(J1JtJljOJ1.~rOr the purposes of this section, Iu) "company" means any body corporate and includes8 finn or other association 01 individuals: and / h) "director". in relation to a firm.means a partner in the finn, CIIAI'IERIV 2(\fll)7-1 Sol' 1903 I II MISCELLANEOUS zz. (n Nuttuu]; voutaincd in (his Regulation sltall apply to survey vessels bclongin~ IU) the Celllral Government; ( h) i l Slate Government ; (e) a pllblie undertaking. r' . r I r~ \J1 1 <J 1 1 <1 ( lr.' /1 •. . "o r t re purpo~c s Q this sub-section, "public lJll~OI(lkjllg" mean s .I n~,' 1.:PlIlp;my or corporalion owned or ( onlrollcd by the Central G0vern~'lent includinu a I JIIIUIl tcr r ilo,)' ;\dlllin;q, .1/ion or b)' a SI;llc Govcn uncnt. .... THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. (2) If the Administrator is of the opinion that, having regard to the purposes of this Regulation, It would not be in the public interest to apply all or any of the provisions of this Regulation to any class or classes of fishing vessels used for fishing in any specified area or areas, he may, by notification in the Official Gazette, exempt, subject to such conditions as he may think fjt to impose upon such class or classes of fishing vessel used for fishing in such specified area or areas, as he may specify in the notification, from the operation of all or any of the provisions of this Regulation: Provided that no notification under this sub-section shall remain in force for more than six months at a time. 23. (1) No suit, prosecution or other legal proceeding shall lie against the Administrator or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Regulation or any order or rule made thereunder. (2) No suit or other legal proceeding shall lie against the Administrator or any otticer or authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Regulation or any order or rule made thereunder. 24 (1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Regulation. (2) In particular and without prejudice to the generality of the foregoing power, ""eh rilles may provide for all or any of the following matters, namely: (a) to regulate, restrict or prohibit the matters under clauses (a), (d) and (e) of sub-section (1) of section 4 and the matters to be considered by the Administrator under clause (f) of sub-section (2) thereof, (b) the form of the application for grant of licence under sub section (1), the parl/culars whiCh it shall contain and the fees which shall accompany it under sub-section (2) of section 6; (c) the matters to be considered by the authorized officer in 9",nting or refusing to grant a licence under clause (d) of sub-section (4) of section 6; (d) the form of licence, the fees payable, the conditions therein, and the security for the due performance of the conditions of Ihe licence under sub-section (5) of section 6; . (e) the procedure to be followed in varying or modifying a licence under sub-section (2) of section 8; (f) the form of application for registration of a vessel as a fishing vessel and the fees which shall accompany such application under sub- seclion (2) of Section 9; (g) the form of certificate of registration of a vessel as a fishing vessel, the form of the register referred to in sub-section (3) of section g and the ,manner In which Ihe registration mark of the fishing vessel shall be displayed under sub-section (5) of mar section; . . (Il) the manner in which the information relating to movement of a fishing vessel from the area of one port to another port shall be given under section 10; , (i) the time and manner in which returns by the owner of a registered fishing vessel shall be furniShed under SUb-section (1) of section 11; UJ the manner in which appeal shall be preferred before the adjUdicating officer under SUb-section (1) of section 12; (k) the place and the manner in Which an impounded fiShing vessel shall be kept under sub-section (1) of section 15 and the ;;:anner In which the proceeds of the seized fish disPosed off shall be POSited With the adjudicating officer under sub-section (2) of that section; 9 10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. Power to remove diffic~lties. Repeal and ::mving . (I) the procedure of the inquiry by the adjudicating officer under sub section (2) of section 16; (m) the qualifications of the members of the Appellate Board other than the Chairperson under sub-sect ion (2) of section 18; (n) the fees and allowances payable to the Chairperson and other members of the Appellate Board under sub-section (3) ()f section 18; (0) the matter to be prescribed under clause (f) of sub-section (1) of section 20; (p) the procedure of Appellate Board under sub-section (3) of section 20; (q) any other matter in respect of which provision is to be, Drmay be. made by rules under this regulation . (3) Every rule made under this regulation shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immedi ately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rules shall thereafter have effect only in SUCh modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule . 25. (1) If any difficulty arises in giving effect to the provisions of this regulation, the Administrator may, by order published in the Official Gazelle, make such provisions not inconsistent with the provisions of this Regul"lion as may appear to him to be necessary for removing the diffiCUlty: Provided that no order shall be made under this section after the expiry of three years from the commencement of this RegUlation. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 26. (1) The Andaman and Nicobar Islands Fisheries Regulation, 1938 is hereby repealed. (2) The repeal of the said Regulation shall not affect (a) Thp. previous operations of the said RegUlation or anyth ing done Dr suffered thereunder; or (b) any right, privilege, obligation Dr liability acquired, accrued, Dr incurred under the said Regulation : Dr (c) any penalty, lorfeiture or punishment imposed in respect of any offence committed againstlhe said Regulation ; or (d) any investigation, legal proceedinge or remedy in respect of any such right, privileqe, obligation, liability, penalty, forfeiture Dr punishment as aforesa id, and any such investigation, legal proceeding Dr remedy may be insli tuted, continued Dr enforced and any such penalty, forfeiture or punishment may be imposed as If the said regulation had not been repealed. 1 of 19, A.P.J. ABDUL KALM President. T.K. VISWANATHAN. Secy. to the Govt. of India. MGPPB-1 OO/~AZETTE/2004-40Copies AndamanAnd Nicobar Gazette ~ EXTRAORDINARY ~~~ Published by Authority ANOAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATION Port Blair, dated the 14"' May, 2004 No. 99120041F. No. 5-1(276)12002·0ev I.-In exerctse of the powers conferred under section 1 (3) of the Andaman and Nicobar IslandsMarine Fishing Regulation, 2003 (NO.1 of 2003) the Lt. Govemor, Andaman and Nicobar Islands (Administrator) hereby appoint the 1" day of June, 2004 asthe date on which the Andaman and Nicobar Islands Marine Fishing Regulation, 2003 (No. 1 012003) snail come Into force. 3d/· Prof. Ram Kapsa lieutenant Govemor Andaman and Nicobar Islands By order and In the name of the Lt. Govemor Sd/ (Theresa Sandanam) Assistant Secretary (Fy.) MGPPB-l 06lGazettel04-150 copies {Ga.z·106 (Jun 11S~)