Karnataka Marine Fishing (Regulation) Act (No. 24 of 1986)

KARNAt.-\KA ACT No. 24 OF 1986 (First published in the Karnataka Gazette Extraordinary dated 28th day of stay, i 986) THE KARKATAKA::ILillL~EFISHING ('REGIJLATION) ACT, 1986 (Received the assent of ilie Governor on the Tu;enty-8econd day of May, 1986), An Act to provide for the regulation of fishing by fishing vessels in the sea along the coast line of the State. Whei'eas it is expedient to provide for the regulation of fishing vessels in the sea along t'ae coast line of the State; Be it enacted by the Karnataku State Legislature in the Thirty-seventh Year of th e Republic of India as follows: CilAPT~R t PrelinJnary 1. Short title and eommencemento-« (1) This Act may be called The Kamataka: Marine Fishing (Regulation) Act, 1986. (2) It shall come into force on such date as may J:);, notified , by the Government. 51. Definitions.-In this Act, unless the context otherwise requires, (a) "arbitrator' meansan lifficer not below the rank of a Deputy Director of Fisheries, authorised by the Government in this behalf, by notification in the official Gazette, to exercise the powers conferred on and discharge the duties imposed upon the arbitrator by this Act for such area or areas as may be specified in the notification: (b) "appellate authority" means the appellate authority appointed by notification by the Government; (c) "appellate board" meas an appellate board constituted under Section 15 ; (d) "a,uthorised officer" means an officer not below the rank of an Assistant Director of Fisheries, authorised by the Government in this behalf, by notification in the official Gazettee to exercise the powers conferred on, and discharge the duties imposed upon the authorised officer; Ie) "fishini{ vessel" means ship or boat, whether or not fitted with mechanical means of propulsion, which is exclusively engaged in sea-fishing for profit and includes a country craft and canoe engaged in sea fuhing; (f) "Govcmm<>nt" means the State Government ;. (g) "port" means the space within such limits as may from time to time be defined by the Government, by Notification in the official Gihzette for the purposes of this Act; (h) "registered fishing vessel" mneas-e (i) a fishing vessel registered under' section 11 of the Marine Products Export Development A.uthority Act, 197'l '(Centra1 Act 13 of 19751); or (il) a fishing vessel registered under any other Central or State Act for the time being in force;· or (iii) a fishing vessel registered under section 8 ; (i) "specified area" means such area in the sea along the differen t areas may be specified for different purposes or for different periods; (j) "State" means the State of Karnataka and includes the territorial waters along the entire coast line of the State. 3. Power to regulat~, restrict <V proJ.ib~t certain. meters within specified area-:« (1) The Government may, having regard to the matters referred to an sub-section (2) , br notification, regulate, restrict or prolhiibit, (a) the fishing in any specified area by such class or elasses or fishing vessels as may be prescribed; or (d) the use of such fishIDg gear in any specified areo for fishing in any specified 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 specified area as may be prescribed. (2) In making an order under sub-section (1), the Government shall have regard to the following matters namely (a) the need t~ protect the interests of different sections of persons engaged in fishing particularly those engaged in fishing using traditional fishing craft such as country craft or canoe ; (e) the need to maintain law and order in the sea; snd (d) any other matter that may be prescribed. • 4. Prohibition of use of fiah,'ng vessel in conrlaventi07l of any order made under section s.-No person including the owner or master of a; fishinj!; vessel shaIl use, or cause, or lll1low to he used, suchJ fishing vessel for fishing in aIlY manner which contra venes the order made under section S: ' provided that nothing in such order shall be construed as yleYl'nlage the passage or any fishing vessel from 1 or 10 1 ~e than a specified area, tOl" the purpose of fishing ~ such other o¥or~, throl\gll any specified area to, or 'from, any area others area or for any other purpose : Provided further that llhe passing of such fishing vessel through My specified area shall not in any manner cause any d:!m~lge to any fishing nets or tackles belonging to any person who engages in fishing in the specified area by using any fishing vessel. 5. Licensing of fi.9hing vessels.-(I) The owner of a registered fisbJin!l' vessel may make all application to the autho rised officer for the grant of a licence for using such fishing vessel for fishing in any spe6iieq area. (2) Every application under sub-section (I), shall be in such form, contain such particulars and be accompanied by such fees, as may be prescribed. (3) The authorised officer may. after making such enquiry as he deems fit and having regard to the matters referred to in sub-section (4);. either grant or refuse to grant, to the owner of a registered fishing vessel, It licence for using such fishing vessel for fishing in the specified area or specified areas mentioned in such licence. (4) In granting or refusing licence under sub-section (3)', the aufhorlsed officer shall have regard til the following matters, namdy; ,..(a) the condition of the iishinl( vessel including the accessories 'and fishing gear with which it is fitted; (b) any order that limy be made under secti,n S; '(e) .anv other matter that may be prescribed. (5) A licence granted under this section shall be in such form and be subject to such conditions including conditions as to payment ,of sudh .feessnd furnishing such, security- !for the due performance of the conditions as may be ,prescribed ~ Provided that different fees and different amounts by way of security may be prescribed in respect of licences for different classes of fishing vessels. (6) A licence granted under this section shall be valid' ior a period of three years and may be renewed for a similar period on payment of the' fee specified under sub-section (5). 6. P.rohibi/;on of ji3hing using ji3hil1g vessels which arc not licenced:-N0 person shall after the commencement of this , Act carry on fiShing in any spceified area using a fishing vessel which is not licensed under section 5 : Provided that nothing, in this section shall apply to any fishing vessel, ,,-hich was Being used for fishing immediately before the commencement of this Act for such period as the Government may hy notification specify. 7. Cance/lwtion, suspension and amendment: of licence. (1) If the authorised officer is satisfied, either on a reference • made to him in this behalf or otherwise, tbat.-. (It) a 'licence granted under section 5 has been obtained by misrepresentation as to an essential fact; or (b) the holder of a licence has, without reasonable cause, fn.iled to compl~' with the conditions subject to which the licence has been granted or has contravened any of the provi~ns of , this Act or any order or rule made thereunder, then, without prejudice to any other penalty to which the holder of the licence mav be liable under this Act, the au1Jhorised offieer may, after gh~nl; the holder of the licence .3,' reasonable opportunity of .showing cause, cancel or suspend the licence or forfeit. the whole or. any part of the security if any', 'furnished for the due perfor mance of the conditions subject to which the hence has been, granted. (2) Subject to :l.ll" rules fuat may he made in this behalf. .., the authorised officer may also vary or amend ,a licence granted under section 5. 8. Registration of ,·e88e18.-(1) The owner of every vessel used or intended t.o be used for purposes of fishing and kept in the State, not being a fishing vessel registered under section 11 of the ::\Ia.rineProducts Export Development Authority Act, 1972 (Central Act IS of I97~1 or a fishing vessel registered under any other Central or State .lct for the time being in force, shall register such vessel under this Act. 121 Every application for registration of such vessel shall be made by the owner of sudh vessel to the .authorised officer, in such form, and shall be accompanied by such fees, as may be prescribed, (a) before the expiration of two months from the date on which the first became the owner of such vessel; or • (b) before the expiration of six months from the corn mencement of tfhis A"t whichever is later: • Provided that the authorised officer may, for sufficient reason to he recorded in writing, extend the time limit for making the application by such period as he thinks fit but not exceeding one year. (3) The authorised officer shall issue to the owner of the vessel registered by him a certificate of registration in the pres cribed form and shall enter ina register to be kept by him, in such from as may be prescribed, the particulars of such certificate. • 1(4) T)Je registration 011Ce made shJill" subject to sub-section (7) , continue W be ill fwee until it is Il@~lld by the authoeised officer. ,(5) Every vessel registered under this section shall carry a registration mark, assigned to It by the authorised officer, dis prayed in the prescribed manner. (6) No vessel, other than a registered fishing vessel, shad[ be entitled to a licence under section 5. (7) Where the ownership of a registered fishing vessel ~ transferred, tilw transfer or shall get the vessel registered afresh under sub-section (!i!). 9-. Fillal~ty of orders under $l'ctUJ1l$ 5, 7 Qmd 8.-J!;'·ery decision of the authorised officer under section 5, section 7 or section 8. granting or refusing to grant licence fur a fi'hipg vessel or cancelling. suspending, varyillg Of amending a licence or refus registering, or cancelling. the registration of a. fishing' vessel shall, subject to any right of appeal under section 10, be final. 10. Appeals.- (1) Any person aggrieved by an order of the author/sed officer relusing to grant licence for a fishillg vessel, or cancelling, suspending, varying or amending a licence or refus ing to rq..rister a vessel or cancelling the registration of a: vessel may within thirty d,ays from the date on which tJh.e order is com municated to him prefer an appeal to the appellate authority: frpyide,] that the appellate authority ma.y entertain the appeal alter the expiry or the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (!2', On receipt Ilf an appeal under sub-section (1), the appcllatr- authority shall, after giving the appellant, l\ reasonable opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible. '(3) Every order passed by the appellate authority under' this section shall be final CHAPTER III Penalties 11. Pouter to enter a;n4 searoh. of fUthi/!(J vessel etc.- (1 The authorised officer Illay. if he has Tel/lion W believe that any fi,hing vessel is being, or has been used in contravention of any d the provisions /:If this 4-ct or any order or rule mad~ thereunder or any of the conditions of the licence, enter and search such vessel and impound such vessel and seize anv fl~h found in it. (~) The authorised officer roall keep the fishing vessel impounded under sub-section (I) • in such place and in such manner as may be prescribed. (3) In the absence of suitable facilities for the storage of the fish) seized, the authorised officer may, if he is of the opinion that the disposal of such fish is necessary, dispose of such fish and dl'posit the proceeds thereof in the prescribed manner in the offlce of the arbitrator. 12. Arbitmtion.-(I) Where nny authorised officer referred to in section 11. has reason to believe that any fishing vessel is being. or hns been, used in contravention of any of the provisions of this Act or "ny order or rule made thereunder or any of the conditions of the licence, he shall make a report thereof to the nrbitrntor. I,?) The prhitrll41r Iin",1l holq an enquiry into the matters mentioned in thl" report in the prescribed mnnner, after giving all the parties concerned a reasonable opportunity of being heard. .. 13. PenaltY,-(I) Tile ArM.ratpc shall, ",f~r the enquiry under section II! decide whether any person has used, or .1'1l'lseri or allowed to be used, any fis.h~ vessel in f"1utr"ventiqn o·f any of the provisions of this Act,. or of anr order or rule ]Wde there under or any of the couditiOl\S of the \\,eence and any such person, on being found gnilty by the arbitrator, shall be liable to such penalty not exceeding. (,,) fin' thousand rupees if the value of the fish invoked is one thousand rupees or less;. , (b) five times the value of the fish, if the value. of the fish involuved is more than one thousand 'rupees; or (e) five thousand rupees, in any other case, being a case not involving any fish, as may be determined by the arbitrator. (2) Tn addition to any penalty that may be imposed under sub-section {L) , the arbitrator may direct th"t, (a) the registration certificate of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section (1) or the licence, any condition of which has been contravened. shall be (i) cancelled or revoked, as the case may be; or (ii) suspended for such period as the arbitrator deems fit ; or (b) the fishing vessel or fish that may :ht<we been impounded or seized, as the case may be, under section 11 shall be foreite.l to the Government: Provided that no fishing vessel shall be forfeited under clause (b), if the arbitrator after .hearing the owner of such vessel or any person dooming any right thereto, is satisfied that the owner of such person had exercised due care for the prevention of the commission of such offence. 14. Constitution of Appellate Board and appeal to AppeUate Board.-(l) The Government may, by notifica tion in the offici»l Gazette, constitute one or more Appellate Boards. (2) The Appellate Board shall consist of three members of :whom one shall be a person who is or has been a District JUdge, who shall be appointed as the' Chairman of the Appel late Board. (3) Where only one Appellate Board is constituted, that Appellate Board shall have jurisdiction throughout the State, and where more than one Appellate Boards are constituted, the Government may, by notification in the Official Gazette, define the jurisdiction of each such Appellate Board. (4) Any person aggrieved by an order of the arbitrator may, within thirty days from the date on which the order is made, prefer an appeal to the Appellate Board having-jurisdiction to 'hear such appeal: Provided that the Appellate Board may entertain any appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (5) No appeal under this section shall be entertained by the Appellate Board, unless the appellant has, at the time of filing the appeal deposited the amount of penalty, payable under the order appealed against: Provided that on an 'application made by the appellant in this behalf, the Appellate Board may, if it is of the opinion that the deposit to he made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense with such deposit either unconditionally or subject to such conditions as it may deem fit to impose. (6) On receipt of anappeal under sub-section (4), the Appe llate Board may, after holding such enquiry as it deems fit and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set-aside the order appealed against and the decision of the Appellate Board shall be final; and..--, · (a) if the SUIll deposited by . way of penalty U~der sub section (5), exceeds the penalty directed to be paid by the Appe llate Board. the excess amount; or (b) if the Appel:late Board sets aside the order iwposing penalty, the whole of the sum deposits by w;w of penalty; shall he refunded to the appellant. 15. Revilfion by .ippeUate Bcard-:«The Ap-pellate Board may call foi- and examine the records of alW order passed by an arbi trat{lr under section 13 and against which no appeal has been preferred under section 14 fOl' the purpose of satisfying itself as to the legality or propriety of such order as to the regularity of the procedure am! pass order with respect thereto, as it may think fit: Prodded that no such order shall be made except after gi\"ing the person affected. a reasonable opportunity of being hcitrd in the matter. 16. Powers of arbi,tr(ltor and £ll'pflJ:ate Board in relation to hoMing enqui1"y under flu's Aet.- (I) The arbitrator and the Appellate Board shadl, while holding an enquiry, have all the powers of a civil court under the <;:ooe of Civil Procedure. HlO8 (Central A,ct Ii of 19\18) , while trying a suit. in respect of the followng matters, n\ww!J' : la) summcning and enforeeing the aUellllanee of witnesses ; '111) requiring the discovery and production of any docu ment: (r) requisitioning any public record or eopy thereof from any court or office ; (d) fecei\·!t~ 6yi~lenee \¥l l\ffil!l\vi.ts ; 1II\(! (e) issuing commissions for the examinations of witnesses or documents. (~) The arbitrator or the Appellate Board shall, while exerci sing any other power under this At!, be deemed to be a civil court for the purpose of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act ~ of 1974) ; 17. Adt,;sOJ'!I Committee.-The State Government may by notification constitute ail. Advisoty Committee consisting of the Director of ~heries ".ho Will be the Chairman and such other official and nen-official members Jiot exceeding fifteen as it con siders necessary. The Advisory Committee shall advise the State Government on the enforcement of the provisions of the Ad. 18. Contrauention by com/panies.s-: (1) Where an offence under this Act has been committed by a company, every person who,' lOt the tlme of contravention was committed was in-cliatge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall he deemed to be guilty of the contravention and shall be liable to be pro ceeded against and punished accordingly: Provided that nothing contained in tills sub-section shall render any such person liable to any punishment if he proves that the contravention was committed )\>lthont hil; knowledge or that he had exercised all due diligence to pre\'enltnecl)m~ ,;1.issi;:;n ofsul:h-cOlltravention. (2) Notwithstanding anything contained in sub-section (1), where any contravention under tihis Act has' been committed with the consent or connivance of, or is a'tributable to any neglect ott the part of, any direct, manager. secretary or other office'!' such director manager secretary or other officer, shaJ1 be deemed to be gililty of that ~ontraventi"n awl shrU be liable to be proceeded 'against and punished aecordinvly. Explcmatlan.-For the purpose of tho. sed;on (a) 'company' means any. body corporate and includes a firm or. other association ot jndividuals ; and . (b) 'direct', in relation to a firm, means a partner in .the firm. CHAPTER H' .Miscellaneous Ill. Exenvption.:-: (1) Nothing contained in this Act, shall apply to survey vessels belonging to the Central Govern ment or an~' State Gm'ernment or any public undertaking. (2') If the Government is of the opinion that, having regard t.o tlhe purposse of this Act, it would not be in the public interest. to apply all or any of the provisions of this Act to any class or classes of fishing vessels used .for fishing in any specified area or specified 'areas, it may. by notification in the official Gazette. exempt. subject to such conditions as it may think fit to impose, such class or classes of fishing vessels used for fishing in such specified area or specified areas, as it may specify in the notification from the operation of all or any of the provisions of (hi, Act. 20, Delegation of poweT8.-The Government may. by authorised officer by or under this Act., may. subject to such restrictions and· conditions be exercisable also by sucli other restrictions and conditions be exercisable also by such other officer as may be specified. 21. Protection of action talcen. in good faitJ•.-(l) No suit, prosecution or other legal proceedings shall be against the Government. or any officer or authority for anything which is in gOOlI faith done or intended to be done in pursuance of this Act or any order or mle made thereunder. (2) No suit. or other legal proceedings shan lie against the Government or any officer 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 tlhis Act or any order or rule made thereunder.' . · 22" l'e>.wer to make rulee.:-. (I) The Government may by notification and after previous publication make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such nSes may provide for all or any of the following matters, namely: - . (a) the matters to which regard shall be had in making a?, order under sub-section (1) of section 3, (b) the fonn of the application for licence under sub section (1) of section 5, the particulars which it shall contain and the fees which shall accompany it ; (c)' the matters to which regard shan be had in granting of refusing a licence under clause (c) Qf sub-section (4) of section 5 the fees payable for the licence or renewal thereof and the security for tlhe due performance of the conditions of the licence; (d) the procedure to he followed in granting or refusing it licence under section 5 or cancelling, suspending, varying or amending such licence or in registering a vessel under section 8 or cancelling such registration; . (e) the form of the application for registration of vessel under section 8. the particulars which such application shall contain, and the fees which shal] accompany the appli cation, the fonn of the certificate or registration and the form of the register referred to in sub-section (3) of that section and the manner in which the registration mark referred to in sub-section (5) of that section shall be displayed; (f) the authority to whom appeals shall be preferred under sub-section (1) of section 10 ; (g) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (2) of section 11 and the manner in which the proceeds of the disposal oi tbe seized llsh shn.U be deposited with the n.rbitrator under sub section (3) of tihn.t section; (1) the procedure of the enquiry by the arbitrator under sub-section (~) or section 12 ; (i) the qualifications of the members of the Appellate Board other than the Chaitman, the f&Js and allowances payable to the Chairman and othermembers or the ApjJen'ate Board and the procedure of tlhe Appellate Board , . (j) the iees payable for the supply of copies of documents 01' orders or for any other purpose or matter involving the rendering of any service by any officer or authority under this Act; (k) any other matter which is to he or may he, provided for hy rules under this Act. (il) Every rule made under this Act shall.he laid: as soon as may be after it is, made, befose each Rouse 'of the State Legislature while it is in session, for a. total period of thitty Clays \"lliich may he comprised in one session or in two or more which it is so laid or the session immediately following, both successive sessions, and if, before the expiry of the session in Houses agree in making any modification in the rule Dr both Houses agree that the rule should not be made, the rule shall thereafter. have effect only in such modified form or be of no effect. as t],e case may be, so, however, that any such modification or annulment 'shalJ be without prejudice to the validity of any thing previously done under that rule." The above translation of the (~""f"\.ll! ~~ ;::;)(;:jomw~ >l<looo;l);J ) ~~;i;:j)~;) 1986 be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. By Order and in the name of the Governor of Karnataka, K. ISHWAR BRAT, Draft.mUI.lll and Ex-Officio Speciial Secretary to Gouerwment. DepliTtment of Law and Party. AfJaiTII.. . ... . . WD 9958