Goa, Daman and Diu Marine Fishing Regulation Act, 1981

Law Department (legal Advice) 'J Sltb.: FIsheries - Mnrlne F'ishtng' Rcgu lntiori-AcC Notificafion .: LD/6/3'1 The following' Act which was pasb<;u by the Legis •hl tive Assembly of Goa, Daman and Diu on the .1Gth day of October, laSO and assented to by the Administrator on 28-2-1881 is hereby published for thc general information of tile public. D. S. Subbamui, Under Sccrctar~. Panaji, GUl March, lD81. The Goa, Daman and Diu Harine Fis:ling nr.UUI,ll i011 Ac l, 1no [Act No. 3 of 1981), . AN A(:'l' to provide for the requlaiion. of ji.shing by fishing vessels in tlie sea along the coasnine of the Union terri~ory of 9oa, -Danuui and I.?iu,. "Be it enacted by the Legisb.tive Assembly of Goa, Daman and Diu in the 'I'hirty-first Year .of the Re public of India as follows: CHAP'l'ER I Preliminary , 1. Short title) extent and commciwemcnt. - (1) This Act may be called the Goa, Daman and Diu Marine Fishing Regulation Act, 1~80. . . .. (2) It extends' Lo t11C\ whole of theUnion territory of Goa, Daman' and Diu. . . (3) It vshall come into force all such dale ;H; the Government may· liy notification in Ihe OfIlciul Gazette,1tppoint. 2. Definitions. - In this' Act, unless the context otherwise requires i c-, .~ . (a), "arljudicating Officer" means a special " Judicial Magistrate appointed under the provisions of the Code of Criminal Procedure, UJ7a (Central Act 2"o! 1974) 'for the purposes-of this Act;. . (b) . "Appellate Board"means an Appellate Board consti tuted under section 22: (c ) "alit hculscd officer" men ns such officeI' as Lhe GOVCl'lllllCllt may by notification in Lho Official GazeLle authorise in respect 'of the »mattcr to, which reference if} made ill the provision (lfthis i\(~l ill wh ir.h t hc ('~:l'n::;::irJll (Well!'::; td J "Fi,:]} illg • vessel" mcann fl, ahi P 01' boat, whether 01' not filted with mechanical means of prnpulnion, which is engaged in sea fishing- rtnd includes (i) a catamaran, (ii) a country craft aud (iii) a canoe engaged in sea Iishing ; (e) "Government" means the Government of Goa, Daman and Diu; (f) "port" means the space within such limits as may from time to time be defined by the Go vernment by notification in the Official Gazette, for the purpose of this Act; (g) "registered fishing vessel" means (i) . a fishing vessel registered under section 11 of the Marine Central' Products Export Development Act Authority Act, 1972 or; 13 of 1972. (Ii) a fishing vessel registered under sec tion 12; (h) "specified area" means such area in the sea along the entire coastline of the Union terri tory, 'or such poi-Lion of it, but not beyond the territorial waters, as may be specified by the Government by notification in the Official Gazette; (i) "Union territory" means the Union territory . of Goa, Daman and Diu and includes the territorial waters along the entire coastline of the. Union territory. . 3. Al,thori.sation oj officers [or the purpose of any provi,sions of this Act. - The Government may by notification in the Official Gazette, authorise (a) any officer of the Government not being an officer below the rank of a Gazetted Officer; or (b) any Officer of the Central Government, not being any officer below the rank of a Gazetted Officer or a Commissioned Officer in the armed forces of the Union, with the consent of that Go vcrnment, to exercise the powers conferred all rind discharge the duties imposed upon any such authorised officer under this Act in such area as may be specified ill the nolification. . CIIAPTFJIl rr ftngwoliotl of Fishing 1. Pouier to reget/ate restrict or li}'ohilJif. ccri aui niaitere within sped/fed area. - (1) The Govern ment may, having regard to the matters referred to in sub-section (2) by fill order notified in the Offi cial Gazette, regulate, restrict or prohibit (a) the fishing ill any specified area by such class or classes of fishing vessels as may be prescribed; 01' {b) the number of fishing vessels which may be used for fishing in any.::,>pecified area; or (c) the catching in any specified area of such species of fish and for such period as may be specified in the notification; or, (d) the use of such fishing gear in any speci fied urea as may be prescribed: or ,(e) the fishing in any specified area during such period of day or night as may be prescribed. (2) In making an order under sub-section (1) the Government shall have regard to the following mat ters, namely: - . . (a) the need to protect the interest of different sections of persons engaged in fishing, particularly those engaged in fishing! using traditional fishing craft:..: such as catamaran, country craft or a canoe; (b) the need to conserve fish and to' regulate fishing on a scien tifie basis; . . (c) the need to maintain law and order in the sea; (c1) any other matter that may be prescribed. 5. P1'oldbition o] w;e of fishing vessels -in contra ocniion. [0 the Iccqulaiions made under section 4. No owner or master of a fishing vessel shall usc, or cause 01' allow to be used, such fishing vessels [0}' fishing in any manner which contravenes an order made under section 1: . Provided that nothing in such order shall be cons trued as preventing the passage of any fishing ves nr-l from, or ("0, the ~lh(ln', Ihrcugh any spccif'icrl nrPJI for l lu- pllljHI!;t· of fiqJtilll~ 111 nnnh (l11l1'1' 111'(':1 0\' for 11 ny oIlIer PIIIPI)!H': Provided further that. tho passing of such fishing vessel Lluough any specified area shall not in any manner cause filly damage to any fbhing nets or tackles belonging to any person who is engngcd in fi.f.ihillg in the specified water area by using any traditional fishing craft such as catamaran, COLln try craft, or canoe. G, UCGlIsin!J of fi-shiny »cssct«. -- (1) The owner of a fishing vessel may make an application to the authorised officer for the grant of a licence f~r using such fishing vessel for fishing in any specifledarea. r (2) Every application under sub-section (1) shall be in such form, containing such particulars, and be accompanied by such Ices, as may be prescribed. (3) The author-Ised officer after making such «uquit-y n~1 he 1l<~ClH8 fit and h~\'il\p; rcg:l.l'rl'to Lho lllfltl('I'H rcl'crred to in :;ll])'!;I'eUOll (tI), either grant or refuse to grant, to the owner of fishing vessel, n licence for using such fishing vessel for fishing ill the specified area or specified arena mentioned in such licence. ' (.1) In grauting or refusing such licence under sub-section (3) the authorised officer shall havo . regard to the following namely: - ' . (a) Whether the fishing vessel is a registered fishing vessel; (b) The condition of the fishing vessel inclu dint; the accessoi-ics and fishing gear with which it is filled; (c) any order that may be made under section 4; (d) any other matter that may be prescribed. (5) A licence grnntctl 111l(l<~1' Chi!, section s.lutll )11' ill ~;lll'h !"oI'll 1 ~1tlrl ~:llhj['c:L 10 ~11H:h coucl it lonn, includiut; condif.ioun ,If; to P~IYJl\t'IIL of such ft·,.':; uud furnishing such seeurll.y Ior due petformnucc of the condiliolls,ns may be prcsct-lbod: ,,,'. ., Provided that dif'Ierent fees and different amounts hy way of sccurit.y may he prescribed in respect of lie(~IIC('fl for ·Hffcrcnt c1Hs~~efl of fiflhing" vry;scl!;, (G) A licence granted under this section shall be vnlid for thc period specified therein or' for such extended periods as the authorised officer may think fit to allow in any case. 7. Power to l'e!lHl((tc Ow mesh 81:::tJ of fishil1Y nets. - The Oovet-mnont may having regard to the nature and mode of fishing and the need to conserve fish and to regulate fishing on a scientific basis by an order notified in the Official Gazette regulate or restrict the size of mesh of a fishing net. 8. Licencing of Fishing nets. - (1) The owner of a fisldnR net. may' make an application to the autho rized officer for grant of licence for using u fishing net. .. (2) Such application shall be in such form con taining such particulars and be accompanied by such Ices UR may be. prescribed, . . (3) A licence granted under this section shall be in such form and subject to such conditions as to payment of such fees 'and furnishing of such secu I'i ly for duo perfor-mance of the conditions as may be prescribed. Provided that different fees and different amount ,'by wny of secur-ity may be prescribed in respect of licences, for different classes of fishing nets.... (4) A licence gn1Htec1 under this section shall be vnlld for the period snccified therein 01" f'or such extended 'periods as- the authorized officer may think fit to allow in any case. 9. Prohibition of fishil/g USinf! f isluru: - »esse;« which are not licenced. - No person shall, after the commencement of this Act,' carryon fishing in any specified area using a fishing vessel which is not 1icanced under section 6: Provided that nothing' in thi~-l section shall apply to any fishing vessel, which was h(dl1~ usodimmc diately before the commencement of this Act, for, . such period us mny be specified by the Government hy !loli Ilcn tlon in the Ol'Ilcin l Cazcllc. 10. Oontroi on nunuijacturc, suie or WiG of {Ishiny nets. - No person shall after the commencement of this Act manufacture or usc for fishing any net in contravention of any order passed under section 7 or without obtaining any licence as required under section 8. 11. Oancellatiori; suspension and amendment of licences. - (1) If the authorised officer is satisfied either on a reference made to him in this behalf or otherwise, that (a) a licence granted under section 6 or sec tion 8 has been obtained by misrepresentation as to .an essential fact; or ! (b) the holder of the licence has, without . reasonable cause, failed to comply with the conditions subject 'to 'which the licence has been granted or has contravened any of the provisions . of this Act or any order or rule made thereunder, then, without prejudice to 'any other pennlty to which the holder of the licence may be liable under' this Act, the authorised officer may, after ?:iving' the holder of the licence a reasonable opportunity of showing cause, elm cancel or suspend the licence or forfeit the whole or any part of the security, if any, furnished for the due performance of the conditions subject to which the licence has been granted. (2) Subject to any rules that may be made in this behalf, the authorised officer may also vary or amend va licence granted under section 6 or sec tion 8. 12. Registration of vessels. - (1) The owner of every vessel used or intended to be used for the purposes of flshing' and kept' all the Union territory sha.Il register 'such vessel under this Act irrespective of whether or not it is regis tcred under section 11 of the Marii1C Pro ducts Export Development' Authority Central Act Act, 1972, 13 ?f 1972. (2) P;verj! application [or registration of such \II'S'W! flhfllJ lJr~ nuulo by the owner thereof in nuch form, and shull be accompanlcd by such fees, aa may be prescribed within the time limit us indica Led bclow, (:t} bdll/,(~ the /'xpiratioll of one month I'rom the dalu on which he first bCCOlllCS the owner cf such vessel: or (b) before the expiration of three months from the commencement of this Act; whichever Is later: Provided that the authorised officer may, for sufficient reasons to be recorded in writing, extend the I.ime limit for reglstration by such periods as he thinks fit. However, such period shall not extend three months. . (3) 1'110 authorised officer shall issue to the owner of the vessel registered by him, a certificate of registration in the prescribed form and shall enter in the Register to be kept by him, in such form as may be prescribed, the pai-ticulu..s of such certifi cate. ('0 Rcglst.rn.tion once nn«le shall continuo to be in [OI'CC until it is cancelled by tho authorlscd off'iccr. If")) J';vc l"y ve:-:>d n~gi sl.crcd uuderi Lhis section shall calTY a registration mark assigned to it by the authorised officer, displayed in the prescribed manlier on the vessel.. (G) No vessel, other than a registered fishing vessel, shall be entitled to a licence under section I), 13. Injornuition. to be given· to the al~thor1.scd officet abovi. mouement of ji.<;7dng vessels. - Where a registered fishing vessel moves from the area of one Port to the area of another Port, the owner 'of such fishing vessel shall give information to that effect, in the prescribed manner, to the autho rised officer, by whom such fishing vessel was r-egistered and also to Port Officer having juris diction over the area whereto such fishing vessel has been moved. 14. Returns to be made by owners of fishing vc,,; sols. - (1) Every owner of a registered fishing vessel shall furnish to the authorised officer at the prcscri bed Urue uud i 11 Lhu lJrunerlbocl nut uucr nuch returns us may be prescribed. (2) The authorised officer may inspect any regis tered fishing vessel at any time to verify the accu ro.cy of any returns made under. this section. 15. fi'illulit.y of orders under sections 6J 11 (md 12. Every decision of lhe authorised officer under BCC tion 6, section 11 or section 12) granting or refusing to grant licence for a fishing vessel or a fishing net or cancelling, suspending, varying or amending such licence or registering or cancelling the registration of a vessel shalf, 'subject to any right of appeal nuder section 16, be final. . 16. lippeals against orders 1'efu8ing grant of li crnte!] etc. - (1) Any person aggrieved by an order , of all allLlJorisecI offi<;el' z'c[llf>illg to grant licence for a fishing vessel or a fishing net or cnnceltiug, suspending or varying or amending such licence or refusing to register a vessel or cancelling the regis tration of such vessel may) within thirty days from the date on which the order is communicated to him. prefer an appeal to such authority as may be prescribed (hereinafter in this section referred to as the Appellate Authority) : Provided that the Appellate Authority may enter tain the appeal after the expiry of the said period of thirty days if it is satisfied lhat the appellant was prevented by sufficient cause from filing the appcal~l1 time. . . (2) On receipt of an appeal under sub-section (1), the Appellate Authority shall, after glvlngthe appel lant a reasonable opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as· possible.' . . . (3) Every order passed by the Appellate Autho rity under this section-shall be final. 17. Demarcation of specijiecl areas. - The Go vernment shall subject to such conditions as may be prescribed demarcate the specified areas. CHAPTER ill Penalties.. 1R. l'owcl' to anicr (mil scarcb. fishillg -oessclsc-> The authorised officer mny, if he h,w rcnnon t.o believe that any [if5hing vessel is being or has been ll:a'r! ill COII{ru vont ion of nnv of the provisjona of thin At'{, Ill' Ill' 11l1'{ 11I'dI' I' 01: nil!' IliadI' (hpj "lItH}('!' or any of the cOl;diUOllH of Ute licr-nr:e, ('Ill/II' /llld search such vessels and impound the same and seize any fish found in it. 19. Disposal of seized. [isl», eic, - (1) 'l'hc autho rised officer shall keep the fishing vessel impounded under section 18 in such place and in such manner as may be prescribed, (2) In the absence of s'uitable facilities for the storage of fish seized, the authorised officer may if he is of opinion that the disposal of such fish is necessary, dispose of such fish and deposit tho pro ceeds thereof in the prescribed manner in t!w office of the adjudicating officer. 20. Adjlldicatfon. - (1) Where any authorised officer, l'c(errCtl to hi section 13, has reason to believe that any fi~illi[jg vc~;~:d b being O!- han heon used in contravention of any I f the provisions of tIli~.l Act or any order or rule made thereunder, or any of the conditions of the licence, he shall make n report thereof to the adjudicating office!', (2) The adjudicating officer shall hold an enquiry, into the mutters mentioned in the report in the pres cribed manner, after giving all the parties concerned a reasonable opportunity of being heard, '21. Penalty. - (I) The adjudicating officer shall, ·nfter the enquiry under section 20, decide whether any person has used orcaused orallowed to be used any fishing vessel in contravention of any of the provisions of this Act or of any order or rule made thereunder or any of the couditlons of licence nnrl any such person on being found guilty by the adju dicating officer, shall be liable to such penalty not exceeding: (a) five thousand rupees, if the value of the fish involved is onc thousand rupees or less: or (b) five times the value of the fish, if the value of tho fish involved is more than one thousand (c) fivc Lhousaud rupee», ill (Illy ol.hcr cnnn, being a case not involving in any flsh, as may be adjudged by the adjudicating officer. (2) III addition to any penalty that may be imposed lllldm'H1Jh-ilCCUrJ!i (:I) J tho udjudlcnl.lng officer -mny direct that --'- . .. . . - (a), the registration certificate of the fishing vcs~;c1fl which hUfl been w;cd (H- canned 0!", allowed to be used, in lhe mannm- refcned to in sub-sec tion (1) at' the licence, any condition of which has been contravened, shall be (i) ca ncellcd or revolted, as t.he CfH,C may be; or . qi). suspend, for such, period a~ the adjudi , eating officer .deema fit; l?T " (b) tile fish that mighthave been impounded 0T , seized or the proceeds thereof as the case may be, under sections 1801',19 shall be forfeited to 'the Government: . :'. ~. . ~ - . ,. ,", 22.' C;;nstitnt ion of Appellate Board and appeal to Appellate Board. - (1) 'The Government may,. by ·notificn.U011 in the Off'Icia.l Gazette, constitute one .or.morc Appellate Board or Boards, (2) Tl~~ .Apnellate Board shall consist of three members "of whom. Olio shall lie a person who is ;or ·~HI.S been a District Judge, who shall be appointed •as the Chairman of the Appellate Board.' '. 0°7, ~7;·· :;,-,:. :' :' ' v . ~- . '; c !in .Where Q!J]Y. one. Appellate Board is appointed :that. Appellate Board .shall have' jurisdlction .throughout the Union, territory -and where .more )hnu OI,lC ~ppelln.te Board is appoint eel by the Go vernment, Government may by, notification in the .Official Gazette, define the, jurisdiction of each Appellate Board. . . '.' ' .'. ., .... (4) 'Any person liggdevctl by an ordm: o( the adjudicating officer: may, within thirty days from <the vdate on which the order is made, 'prefer an appeal to the Appellate Board having jurisdiction to.Jrenr rauch .appeal : . Provided that the Appcll:tl.e Board mllY entertain . any appeal after the expiry of said period of thirty .days.vhut not after' the expiry of sixty days -from the dale uforcrm id if it is ~mt:i~[icd that the.appellant wasju-cvcnted by sufficicnt cause from filing" the npp(;:11 in time. . (5) On receipt of an appeal under sub-sect.ion (1), the Appellate Beardmay, afte~ holding such enquiry as it deems fit, and after giving the, parties .con corned a reasonable opportunity of' being .heard, confirm, modify or set aside the order apiH~n.lc(l against and the decision of the Appellate Board shall be final; . , 2~L Revision ,by Appellate Bo~rd.'~'l'he.-A.ppel'iate Board may cgll for and examine the recoids'oCii.ilY order passed hy -all' adjudlcating " officer 'untlcr section 21 and agalnst which no 'appeal flUS oecii. preferred under sec ion 22 for the purpose' 'of satis f:y:ing itself as to the legality or propriety of SUCll order 01' as j the regularity .of the procedure- and pass such order, .with i~cspcct tiWI:elo as ",itinay t hink fit: ' , " , . ' Provided that no such ordcr~hall be' ;nuc1e 'except after giving the :person affected a -reasonable 'oi:rpor.. tunityof being heard in the matter: ':, ' , 24.' PowCJ:s oj tfie' (uljitd{cciting: offic6/:'ani:1:-ilie Appellate Board in relation to. hold;ing, i.iJi,::8hc.l~iiry under this Act. -:.. The adjudicating officer and the Appellate Board shall, while holding ,an, enquiry, have all the powers of a' Court under the Code of Criminal Procedure, 1U73' (Central 'Act ,2 of; 1974) while trying, a suit" in respect 'pf ,lhc~;f?l!9~\~ing matters, namely: (a) summoning and enforcing the "llt,t!3!1~,ance of witnesses; (b) requiring the discovery and production of any de cuments; (c) requisitioning' any public record or copy thereof from anyCourt or offlcej . ' ' . .. ." '(d) receiving vevidence 01' affidavits ;.',aud: (e) issuing commissions fa 1.: the ~,,~~1i,ll(~ti~!l of witnesses or documents. 25. Offence,'] by Companies. - (1) Where. an offence under thin Act linn been commitl.crl by n cumpn ny, every !Jr'r:lOI1, who Ill. Lhn UIl1I~ Lhe offunc» was committed, was ill charge of, and wn.s I'CRpOIl sible to the company for the conduct of the business of the company as well ns the company, shall he deemed La be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-sec lion shall render any such person .Iiable to any punishment, if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commis sion of such offEmce. I (2) Notwithstanding anything conlaincd in sub sccl.iou (1), where .riny offence under Lhis Act has been committed with the consent or connivance of or is attributable to any neglect on the part of, any diJ"(~elor, mnnnrrer', f,ccrnL:t.ry 01" ol.hcr officer, nuch director, manager, Hecrclary or other officer shall be deemed to be guilty of that offence and shall be liable to, be .proceeded against and punished accordingly. Explanation. - for the purposes of this section: (a) "company" means any Body Corporate and includes a firm or association of individuals; and (b) "dlrector'{Ju relation to a firm means a partner in the firm. CHAPTmn IV Miscollalloous 2G. E:l;ClIlp!iol1."1. - (1) Nothing conl.n innrl ill thin Ad shall apply to survey vessels belonging to the Central Government or any State Government or any public undertaking. . (2) If the Government is of the opimou that, having regard to the purpose of this Act, it would not be in the public interest to apply all or' any of tlJ(~ prov lnious of thin AcL to nny chum or classes of fishing vessels used for fishing in specified urea or areas, it may by notification in the Official Gazette, exempt, subject to such conditions as it may think fi t to impose, such classes or classes of fishing vessels used for' fishing in such specified area or areas as it may specify in the notification, from the operation of all or any of the provisions of this Act. 27. Protection of action taken in good faith. - (1) No suit, prosecution or other legal proceeding shall lie against the Government or any officer or autho rity for anything which is in good faith done or intended to be done in pursuance of this Act or any order or rule made thereunder. (2) No suit or legal proceeding shall lie against the Government or any officer or authority for any damage caused or likely to be caused by any-. thing which is in good faith dona-or intended to be done in pursuance of this Act or any order or rule made thereunder.. 28. Power to c1nalce rnle,~.~ (1) Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, anrl without prejudice to the generality of the foregoing power, such rules may be provided for all or any of the following matters, namely: - . (a) the matters to which regard shall be had in making an order' under sub-section (1) of section 4; (b) the form of application for licence under sub-section .(1) of section 6, the particulars which it shall contain and the fees which shall accompany it.. (r:j Ul(~ lIla1(C'!"n to w h ich l"(~grtnl 1)[: had ill p"ullli Ill!: or l'crll~;illg a licence, under clause (d) of sub-section ('1) of section G, the fees payable for U10 licence and the security for the duo per [oJ'tllntwn of !1J{' ('OlHliLiotlR of licence; (d) the procedure to be followed in gl'llllliug or refusing it licence under section 6 or cancelling, suspending, varying or amending such licence cr in registering a vessel under flection 12 or can celllng such registra lion; (0) the form of application for registration of a vessel under section 12; the particulars which such application shall contain and. the -fees which shall accompany the application, the form of the certificate of registration and the form of the register referred to in sub-section (3) of that section, the manner in which the registration mark . referred to in sub-section: (4) . of . that· section shall be displayed; (f) t.hc manner in which the Informa.tion re ferred to in· section 13 shall be given; (g) the itcm and manner in which their returns referred to in sub-section (1) of section 14 shall be furnished; (h) the authority to whom appeals shall be preferred under sub-~ecti<:~n (I) of secticnJfl; 0) the place and the maimer in which an im pounded fishing vessel shall be kept under sub section (1) of section 10 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the adjudicating officer under sub-section (2).,of that section; (j) the procedure of the enquiry by the adjudi cating officer under sub-section (2) of section 20;, (k ) the qualifications of the members of the Appellate Board other than the Chairman, the fees and allowances payable to the Chairman and other members of the Appellate Board; the pro . cedure of the Appellate Board; (1) the fees payable; for supply of copies of documents or orders or for any. other purpose or matter involving the rendering of any service by any officer or authority under this Act; (m) any other matter which is to be or may be provided for by rules under this Act. Pannj i-Gon , GLh March, lUSl, u. D. fa 1;\ IU..1t\ SPr.l'(~t:ll·V I.rJ the C:(I\'(~nlltl(,111 or . Goa, bam:1.11 n nrl Diu, Lnw De pnrtmcnt (Legal Advice). (Published In the Official Gazette, Series I No, ;'0 dated 12-3-1981).