Orissa Marine Fishing Regulation Act, 1981 (Act No. 10 of 1982)

The Orissa Gazette EXTRAORDINARY ." PVnLISIIED BY AUTIIOIU1'Y ~ X'....',..,... -r·' ' • No.. 80 CUTfACK. MONDAY, JANUARY 23, 1984/l\fAGIlA ~. rsus. -- "-' .. FOREST, FISllliRIES & ANIMAL HUSIIANURY UEPAR"I't\U:NT NOTIFICATION The 9th January 1984 No. 443-2Py.-M,25/83-P.Y."\.H.-ln exercise elf the powers confcrrc 1 bv sub-section (1) of 'cel ion lof the Orissa Marine Fishing Regulation All, 1981 (Ori,~a Act.. III (If I',X:'). ILl' Stale (,OII:IIIIIICI11 do hereby appoint the first day of February. 1984 as Ihe date Oll which the provi-ions of the said Act shall come into force. V. lllJIUTRi\Y Additional Scct ct.u y I" (jO\'c'/llllwnl Printed and Published by the Director, Printing, Staiioucr y anJ l'ublication, 0, i~~:l. CIIII:ld.. 10, 'Ex. Gaz. 1524-2,245+ IOU THE ORISSA MARINE FISHING REGULATION ACf, 1981 TABLE OF CONTENTS CHAPTER I Preliminary SBcnoNS 1. Short title, extent and commencement .2. Definitions .3. Authorisation of Officors for the purpose of any provision of this Act CHAPTER II Regulation of fi~hing ~. power to regulate, restrict or prohibit certain matters within specified areas. S. Proliibition of use of fishing vessel in contravention of any order made under section 4 ,6. Licensing of fishing:vessels 7. ProHibition of fishing using fi'hini vessels which arc not licensed 8. Cancellation, suspension and amendment of licences 9. RegIstration of vessels 10•. Information to be given t (j authorised omce.. about movement of fishing ,'c,sd, 11. Returns to be furnished by owners of registered fishing vessels 12. Finality of orders under sections 6, 8 and 9 13. Appeals against orders refusing grant of licence, etc. CHAPTER 1II Penalties 14.' Power to enter and search fishing vessels 1$; Disposal of seized fish 16. Adjudication 17. Penalty 18. Constitution of Appellate Board and app.:al to Appellate Board 19.. Revision by Appellate Board 20. powors of adjudicating officer and the Appellate Board in relation to holding enquiry under this Act. 2t. Offences by Companies CHAPTER IV Miscellaneous 22. Exemptions 23. Protection of action taken in good faith '24. Power to make rules The Orissa REGISTERED No. () .... Ga z e t t e EXTRAORDINARY PUBLISHED BY AUTHORITY No. 934. CUTI'ACK, TUESDAY, JUNE, 22, 1982fASADIIA I, 190-& 2;;;; - • LAW DEPARTMENT NOTIFICATION The 19th June 1982 No. 9824·Legis.-The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the l Sth June 1982, is hereby published for general information. ORISSA ACr 10 OF 1982 THE ORISSA MARINE FISHING REGULATION ACT, 19!H AN ACf TO PROVIDE FOR THE REGULATION OF FISHING BY FISHING VESSELS IN THE SEA ALONG THE COAST LINE OF THE STATE BB it enacted by the Legislature . of the State of Orissa in the Thirty-third Year of the Republic of India, as follows : S Iaort 1I1le. Uleni &D4 oommoue.. mlol. .DaAoltloDI CHAPTER I Preliminary 1. (1) This Act may be called the Orissa Marine Fishing Regu lation Act, 1982. (2) It extends to the whole of the State :of Orissa. (3) 1\ shall come into force on such date as the State Goverr," ment may, by notification, appoint in that behalf. 2. In this Act, unless the context otherwise requires.c (a) "adjudicating officer" means any officer of the Fisheries Department, not below the rank of an Assistant Director of Fisheries, authorised by the Government by notifica tion, to exercise the powers conferred on, and d ischar ge tho duties imposed upon, an adjudicating officer by this Act for such area as may be specified in the notification; (b) "Appellate Board" means an Appellate Board constituted under section 18 ; (c) "authorised officer" means such ollicer as the Government may, by notification, authorise in respect of the matter to which reference is made in the provision of this Act in which the expression occurs : AUlhorls., 1100or 10Jlotti for . the purposes orany provision ollbl. I\CI • PO'ilef 10 reauJale. reatrlcl or prohlblt c:erlllill ltaUc:n 1I11hln lpec16ed .."... 2 Provided that no officer shall be authorised to exercise the powers conferred by sections 14 and 15 unless he is an ollicer of the Fisheries Department not below the rank of an Assistant Director of Fisheries; (d) "fishing vessel" means a ship or boat, whether or not lilted with mechanical means of propulsion, which is engaged in sea-fishing for profit and incIudes (i) a catamaran, (ii) a country craft, and (iii) a canoe, engaged in sea-fishing; . (e) "Government" means the State Government of Oris):1 ; (f) "por!" means the space within such limits "5 may, (W!1l \11l\~ . . to time, be defined by the Government, by notification, lor the purposes of this Act; (g) "registered fishing vessel" means (i) a fishing vessel registered under section II of the t\1arine Products' Export Development Authority Act, 1972 : II or 191~ or . ((i),a fishing vessel registered u ndcr sect ion 9 ;' (h) :'sea" includes Jakes which are connected to the sea ; (i) "specified area" means such area in the sea along the . entire coast line of the State but not bevond torriturial waters, as may be specified by the doverllJllcnt, by notification ; (j) "State" m{'41nS the State of Orissa and includes till: krrilori:d waters along the entire coast line of that State. 3. The Government may, by notification, authorise , .\ (a) any gazetted officer of the Government ; or (b) any officer of the Central Government, not being all ofliccr below the rank of a' gazetted ofliccr or a connn issioncd . officer in the armed forces of the Union, with the consent of that Government, to exercise the powers conferred on. and discharge the duties imposed .upon, an authorised officer under this Act in such area as may he .specified in the no tification, CHAPTER II Regulation of fishing 4. (1) The Government may, having regard to the rnauvrs rcfcrrvd to in sub-section (2), by order notified in the official Gazette, regulate, restrict or prohibit-s (a) fishing in any specified area by Stich class or classes uf fishing vessels as may be prescribed; or (b) the num ber of fishing vessels which may be used for fishing in any specified area; or 3 (e) catching in any specified area of such species of fish and lor 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: Provided that any notified order issued under this sub-section prohibiting fishing by fishing vehicles run by mechanised power shall be so made as to cover at least an area of one kilometre in the sea adjoining the mouth of any river relatable to such notified order. . . / (2) In making an order under sub-section (1). the Government shall have regard to the following matters, namely : (0) the need to protect the interests of different sections or persons engaged in fishing, particularly those engaged in fishing using traditional fishtng craft such as catamaran, cOW1trY craft or canoe; (b) the need to conserve fish and to regulate fishing on a scientific basis; . (c) the need to maintain, law and order in the sen ; (d) any other matter that may be prescribed. ProhlbjtlllQ 5. No owner or master of a fishing vessel shall usc, or cause or ~~ 0' allow to be used, such fishing vessel for fishing in any manner which "lISJOl In contravenes an order made under section 4: c~:;cna::; Provided -that nothing in such order shall be construed as ralde under preventing the passage of any fishing vessel from, or to, the shore, ~eetJoQ ... through any specified area to, or from, any area other than a spcci lied area for the purpose of fishing in such other area or for any other purpose: Provided further that the passing of such fishing vessel through any specified area shall not in any manner cause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified area by using any traditional fishing craft such as catamaran, country craft or canoe. L1con1iol 6. (1) The owner of a fishing vessel may make an application to of jbhinl v....1a the authorised officer for the grant of a licence for using such fishing vessel for fishing in any specified area. (2) Every application under sub-section (I) "hall 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 to the owner of the fishing vessel, a licence for using such fishing vessel for fishing in the specified area or specified ar~l, mentioned in such licence or refuse to grant the licence : Provided that DO licence shall be granted in respect of any vessel which is not a registered fishing vessel. (4) In granting or refusing licence -undcr sub-section (2), the authorised officer shall have regard to the following, namely : (a) 111e condition of the fishing vessel including rho accessories and fishing gear with which it is fitted; (b) any order made under Section 4; (e) any other matter that may be prescribed. B. O. No, 934-22-6-1982 4 (5) A' licence granted under this section shall be in such form ~nd .subject to such conditions. including conditions 4S to payment qf -such fees and furnishing such security for the due performance or the conditions, as may be prescribed: Provided that different fees, and different amount" hy way of security, may be prescribed in respect of licences for diller cnt classes of fishing vessels. (6), A .Iicence granted under this section shall he valid lor the period specified therein or for such extended period as the authorised officer may think fit to allow in any case. Prohibition 7. No person shall. after the commencement of thi,> Act. carr} O~b~ on fishing in any specified area using a ll-hing vessel w'vich is Wlt ~tsselawhl~ licensed under section 6: ~~ Provided that nothing in this section shall apply to any f1~IJilll! vessel, which was being used for fishing immediately before the commencement of this Act, for such period as may be notified ty the Government. CalJcelljtlOD, 8. (1) If the ·authori~e.l officer is satisfied either on a reference :uar~. made to him in this behalf or otherwi-c, that meat 01 Uoenoca. (a) a licence granted under section 6 has been obtained hv misrepresentation as to an essential fact; or (b) the holder of a licence has, \\ ithout rca sonahle call e, failed to comply with the conditions subject to which the licence has been granted or has contravened any (If the provisions of this Act or any order or rule Iliade thereunder, then without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the authorised ollicer may, after giving the holder of the licence n reasonable opportunity or showing cause, cancel or suspend the licence or forfeit the whole or any part of security, if any, furnished for the due performanc- of tho 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 a licence granted under section 6. Il atatr-tlon 9. (1) The owner of every vessel used or intended to be used for or veaelso purposes of fishing and kept in the State, not being a fishing vessel registered under section I1 of t be Marine Produc ts Export Develop. ment Authority Act, 1972, shall register SUCh vessel under this Act. I (2) Every application for registration of such vessel shall be made by the owner thereof to the authorised officer in such form, and shall be accompanied by such fees. as may be prescribed (a) before tho -xpirati 'n of one month from the dale on which he first became the owner of such ves .cl, or (b) before the expiration of three months from the conuncuce mont of this Act. whichever is later : Provided that the authorised olllcer may, for sufficient reason If) be recorded in writing, extend the time limit for registration by such period as he thinks fit Appeal. aplost crdcn ,.rudnJ lrant or I loCoco. etc. 5 (3) The authorised officer shall issue to the owner (·f ur: \e.se! registered byhim a certificate of registration ill the proscribe I It·rlll and shall enter 10 a register to be kept by him, in such form as may be prescribed, the particulars of such certificate. (4) Registration once made 8h3.11 continue to be ill' (oicc until it is cancelled bY the authorised officer. (5) Every vessel registered under this section 511:111 carry a registration mark, assigned to it by the authorised ollicer , displayed in the prescribed manner. • ~r~d~ 10. Where a registered fishing vessel moves fro n the area of to authod~ one port to the area of another .port, the owner or such fishing,0= vessel shall give information to that effect. in th- prcscrihcd man ncr ~vemel1t to the authorised olllccr by whom such fishing vessel was registered orew:a and also to the Port Ollicer having jurisdiction over the area whereto VOIIO • such fishing vessel has been moved. :,e~ 11. (1) Every owner of a registered fishing vessel shall furnish b)'o~ol to the authorised officer at the prescribed time and in the prescribed :i.~.~ manner such returns as may be prescribed. VCUl1a. (2) The authorised officer may inspect any recistervd Iishin.; vessel at any time to verify the accuracy of any return furnished under this section. PlIlaUtyodr 12. Every decision of the authorised ollicer vundcr section '6, ordenuoer • 8 . 9 . (.. ttl' f'lcet101U6.8 section or section , grantmg or rc using I gran rccncc or a aDd51. fishing vessel or cancelling, suspending, varying o- u mcnding such licence or registering, or cancelling the registration or a vessel shall, SUbject to any right of appeal under sectio n 13, be final. 13. (1) Any person aggrieved by an order of t1J,~ nuthoriscd officer refusing to grant licence for a fishing vessel or cancelling. suspending or varying or amending such licence or refusing to register a vessel or cancelling the registration 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 he prescribed (horeafler in this section referred to as the appellate authority): Provided that the appellate authority may entertain the appeal alter the expiry of the said period of thirty days if it is satisfied thaI the appellant was prevented by sufficient cause from tiling the appeal in time. (2) On receipt of an appeal under sub-section (I), the appellate authority shall, after giving the appellant 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 authority under this section shall be final. . CHAPTER III Penalties 14. Tho authorised officer may, if he has reavo n to believe thut ally fishing vessel is being, or has been, used in contravention of anv of the provisions of this Act, or of any order or rule made thcrcunl!(~r or any of tho conditions of the licence, enter and search such vessel and impound such vessel and seize any fish found in it. 6 ~~,.~~~. 15. (1) The autl~orised. oflicer shall keep the fishing vessel, . Impounded under section 14, In such place and In such manner as may be prescribed. (2) In the absence of suitable facilities for the storage of tho fish seized, the authorised officer may, if he is of the opinion that the disposal of such fish is neces~ary, dispose of such fish and depot-it the proceeds thereof in the prescribed manner in the ofllce of the adjudicating officer. AdJudlc:alloD 16. (1) Where any authorised officer, referred to in section 14, has reason to believe that any fishing vessel is being, or has been, used in contravention of any 'of the provisions of this Act, or any order or rule made thereunder or any of the conditions of the licence, he shall m»ke a report thereof to the abjudicating officer. . (2) The adjudicating officer shall hold an enquiry, into the matters mentioned in the report, in the prescribed manner, after giving all the parties concerned a reasonable opportunity of being heard. PcnaII)' 17. (1) The .adjudicating officer shall, after the cnquirv under section 16, decide whether any person has used, or caused or allowed 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 conditions of the licence and any such person, on being found guilty by the adjudicating officer,' shall be liable to such penalty not exceeding ta) five thousand rupees, if the value of the fish involved is one thous-nd rupees or less; (b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees; 0(" (c) five thousand rupees, in any other case, being 11 case not involving any fish, as may be adjudged by the adjudicating officer. (2) In addition to any penalty that may be imposed under sub section (1), the adjudicating otliccr may direct that (a) tho 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 he; or (ii) suspended for such period as the adjudicating officer deems fit; or \ (b) the fishing vessel or fish that may have been impounded or seized, as the case may be, under section 14 shall be forfeited to the Government : Provided that no fishing vessel shall be forfeited under clause (b), if tbe adjudicating officer after hearing the owner of such vessel or any person claiming any right thereto is satisfied that the owner or such person had exercised due care for the prevention of tho commission of such offence. RCvUloD b7 A;:Ipellall Board. 7 Constitution 18. (1) Tho Government may, by notification, constitute oue or or Appellalo B . d lSoard and more Appellate card or Appellate Boar s. • ppoa I to . "ppclJalt '(2) The Appellate Board shall COllSISt of three members to be Buard. appolnted by the Government of whom one shall b a person who is or has been a member of th Superior Judicio! Service (Senior Branch) of the State, nnd he ahall be: appointed IlS the Cl.uhmau of the Appellate Board.' . , (3) Where only one Appellate Board is constituted that App.Ilatc Board shall have jurisdiction throughout the State, and where Il:"rc than one Appellate Board is constituted the Government. 1Il~<. I b)' notification, define the jurisdiction of each Appc'latc Bourd. (4) Any person aggrieved by an order of the ndiudic-ting officer may, within thirty days from the date ()Jl which tlil' on'.r is made, prefer an appeal to thc 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, but not :lftcr the expiry of sixty days from the date aforesaid, if it is satisfic.l that the appellant was prevented by sufficient cause from filing the :L1 1pf';11 in time. (5) No appeal under this section shall be entertained hy the Appellate Board unless the appellant has, at the time of filing the appeal. deposited the amount of penalty payable under tl.« 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 be made under this suo-section will cause undue hnrd Ship to the appellant, by order in writing, dispense with such deposit either unconditionally or subject to such conditions as it may deem lit to impose. (6) On receipt of an appeal under sub-section (4), the Appellate .Board may. after holding such enquiry as it deems fit. and alter 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 sum deposited by way of penalty under sub-section (5) exceeds the penalty directed to bo paid by the Appellate Board, the excess amount, or (b) jf the Appellate Board sets aside the order imposing pcnnlty, the whole of tho sum deposited by way of penalty, shall be refunded to the appellant. 19. The Appellate Board may call for and examine the record, of any Order passed by an adjudicating officer under section J 7 against which no appeal has been preferred under section 18. for tht) purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit : Provided that no such order shall be made except alter gi\'ing the person affected a reasonable opportunity of being heard ill the matter. E. O. No. 934-22-6-1982 Power.or I adjudloatlnI oOlceraCd t he Appella te Board io r e\al.lon to holdlcg onqulry uDder lhit Act. Olfeoceaby Companlea. 8 20. (I) The adjudicating officer and the Appellate Board shall, while holding an enquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely: (a) summoning and enforcing the attendance of witnesses: (b) requiring the discovery and production of any doculllent: (c) requisitioning any public record or copy thereof Irom any court or office; (cl) receiving evidence on affidavits; and \ (e) issuing commissions for tho examination of witnesses or documents. (2) The adjudicating officer and the Appellitc Bovrd sh-ill. while exercising any power under this Act, be deemed to I)'; a Civil Court for the purposes of sections 345 and 146 or the Code of Criminal Procedure, 1973. 21. (1) Where an offence under this Act, has been committed by a company, every person who, at the time the offence \\'a~ committed, was in charge of, and was responsible to the comp.vny for the conduct of the business of the company as well as the company, shall be deemed to be- guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall relldpc any such person liable to nny punishment. if he proves that tli" offence was committed without his knowledge or that the had exercised all due diligence to prevent tl~e commission or such offence. (2) Notwithstanding anything contained in sub-section (I), where any offence under this Act hILS been committed with the consent or connivance of, or is attributable to nny neglect on the part of any director, manager, secretary or other ofllccr, such director, manager, secretary or other olliccr shall be deemed to he guilty of that offence and shall be liable to be proceeded against and punished accordingly. ExpJallati01i-For the purposes of this section, (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner ill the firm. CHAPTER IV Miscellaneous 5 of 19() II 2 or H74 ,Baomp(JoDi 22. (I) Nothing contai ned in this Act. shall apply to survey vessels belonging to the Central Government or any -State Govern ment or any public undertaking. (2) If the Government is of tho opinion that. having rcrurd to tho purposes of this Act, it would not be in the public interest 10 apply all or any of the provisions of this Act to any class (e) 9 or classes of fishing vessel; used for fishing in any specified area' or" specified areas, it may, by notification, exempt, subject to such ' conditions as it may think fit to impose, such cbs, .oro classes of fishing vessels used for fishing in such specified area 'or specified areas, as it may specify in the notificnriou, from the operation of all. or any of the provisions of this Act. 23: (1) No sulr, prosecution or other legal proceeding shall lie against the Government or any officer or authority for an):t:li::; which is in good faith done or intended to be done iii pursuance of this Act or any order or rule made thereunder. til',' (2) No suit or other legal proceeding shall 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 this Act Or a ny order Of 'rule made thereunder. '(:' . Power to 24. (1) The Government: may, by notification, make rules for ; make 1uIer. carrying out the provisions of this Act.. ' (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all ~ or any of the following matters, namcly.-e (a) the matters to which regard shall be had in making an order 'lInner SUb-Section (J) of section 4: (b) the form of the application for licence under sub-s-ctiou (I) of section 6, the particulars which it shall contain and the fees which shall accompany it; (c) the matters to which regard shall be had in grunting or n:rlls ing a licence, under clause (c) of sub-section (4) of section 6, the fees payable for the licence and tile security for the due performance of the conditions of the licence; (d) the procedure to be followed in granting or refusing a licence under section 6 or cancelling, suspending, varying or amend ing such licence or in registering a vessel under section 9 or cancelling such registration;, the form of the application for registration of a vessel "Under section 9, the particulars which such applicat ion 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 regist ra tion mark referred to in sub-section (4) of that section shall be displayed; if) the manner in which tl\c infonrnticn referred to in sect i:1t' 10 . . shall be given; (g) the time and manner. in which the retl!rnS referred to in sub-section (1) of section II shall be I urnished , (h) the authority to whom appeals shall be preferred under sub-section (1) of section 13; 10 (/) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (I) of section 15 und the manner in which the proceeds. of the disposal of the seized fish shall be deposited with the adjudicating olliccr under sub-section (2) of that section; (j) the procedure of the enquiry by the adjudicating olllccr under sub-section (2) of section 16; (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 procedure of the Appellate Board; (i) the fees payable for the supply of copies of documents or orders or for any other purpose or mailer involving lite rendering of any service by any otlicer or authority under this Act; . (m) any other matter which is to be, or may be, provided for . by rules made under this Act. 13y order of 11tL' Governor u, 110'1'1\ Additional Secretary to Government ~d.lcd and Published by uie Director, Printing, 9lJtiollery anI.! rut Iic.ui :u. ali ." (IJullk-le Bll.G. 41i~24S+560