Andaman and Nicobar Islands Shell Fishing Rules, 1978

ANDAMAN ANL · ......"qAR· GAZETTE EXTRAQRDlt, ' , ~ - , >IJ' No. 20, POI'i Blair Thursday, March 8, 1979/Phalguna 1-7,1900 ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT , . NOTIFICATION iPort Blair tjH~ 8th March, 1979/Phalguna 17,1900 No. 32f79, F.No, 5-1 (13)/73-Dev.11 (MHF) In exercise of the powers conferred by section 12 of the Andaman and Nicobar Islands Fisheries Re qulatlcrr; 1938 (Reg1:llat~on I . of 1938) the Chief Commissioner. 'Aridarnari and Nicobar, Istands, makes the following Rules namely "The Andaman and Nicobar' Islands, Shell- Fishing Rules, 1978. CHAPTER - I 1) i~ Short Title and pommancement. ,~t,;.. ~k . . These rules may be called the Andaman and Nicobar Islands Shell Fishing Rules, 1978. ii) Ths'y shall come into force at once, 2) Definition- In these rules, unless there is anything repugnant in the subject or context . 'I 8) the expression .. And arnan and Nicobar vVaters" means the sea surrounding the Andarnanand Nicobar lslands extending at every point to a di5tan.~~,.;p'( three (12) miles or one marine league from the coast of the said Islands, measured from the coast of the said Islands, measured from -the low water-mark; b) -, authorised Officer" in relation to a zone m~ans Director of Fisheries, Andaman and Nicobar Islands, or an Officer of the Department of Fisheries of, Andaman and Nicobar Islands, of and above the rank of Fisheries Inspector•. And or any officer of the other Department of the Administration, of and above the' rank of Tahsildar J .appointed by the Chief Commissioner; . ; . c) (1lButhorised 'port l' in relation to a zone means the Port or place specified -there ag~jnst in .?olum,: 4 of Schedule I ; d) "Boat" includes asampan, dinghi or other watercraft propelled wholly or in part . by means ,of. or by the agency of oars, paddles, sails or-mechanical divices but does not include a power-driven boat; e) "certificate ,. 0 f reg istratiori i,: relation to ij . a boat or a power-drivern boat means the certificate granted, under sub-rule (3) of. rule 25 and ii) a-diver means the certificate granted under sUb~rule (iii) of rule 29 and includes B certificate renewed under sub-rule (ii) of rule 30. . , f) "Chi,:f Commissioner" means the Chief Commissioner of the Andaman and Nicobar .Islands. g) '/ Closed season" means the period specified in sub-rule (i) or rule 3: h) "Closed years" means as specified in rule 4; i) co Licencing Officer " means Director of Fisheries, Andaman and Nicobar Islands l) .1 Director of Fisheries I' rr eans Director of r=isheries Andaman and 'Nlcobar ' Islands k) "Marine Engineer arid Harbour Master" means' the Marine Engineer and Harbour Master, Port Blair, . I) .r« Power driven boat -, means a boat i) not less than twenty five feet in length, and li) propelled wholly or in part by means of amechanical force of not less than twenty horse power. m) "registered bo at " means a boat or a power driven boat ~cgistered for the time » , being under rule 25 n) ." registered diver" means a person registered as a diver under rule 29 and holding" a valid certificate of registration for the time beinp, 0) '1 Regulation" means the Andaman and Nicobar Islands Fisheries Re4~lationJ 1938 (Regulation I of 1938) '~; . . . p) "Season" means the shell fishing season commencing from the first day of October in a year and ending on the thirtieth day of April next following year of such commencement; q) "Shell U or" Shell Fish" means all the animal of the Mollusean 'group including Giant clams (Tridacha maxima); Nautilus (Nautilus Pompilus), Chanks (Xancus r Pyrurn), Cowries of all varieties, King Shells and Queen 'Shells in addition to Trochus (Trochus niloticus ) and Turbo (Turbo rnarmoratus) Shells. ' r) I. Zone ., rneans either of the shell fishing zone demarcated under rule 5. CHAPTEn - If 3) Closed Season i) The per io d commencing from the first day of May and expiring on the thirtieth day of September (inclusive of the day of commencement and the day of expiry) during every year shall be the closed season. ,I Not vvith-standinq anything to the contrary elsewhere contained, shell-fishing shall be completely prohibited throughout the Andaman and Nicobar Waters during the closed season. iii) All boats and pow sr .dr iven boats used, employed or engaged in shell-fishing in the Andaman and Nicobar waters, shall return to Port Blair or the authorised Port before the commencement of the closed season in a year. iv) No person shall fish shells or attempt to fish shells or take any boat or power driven boat to a Zone for shell fishing during the closed season. ' 4) Closed Years i) To avoid depletion and gives maximum time for the growth and propagation of the shell fauna in a particular shell fishing zone where such shell fishing has been completed under a valid licence for 2 consecutive seasons, will be completely closed for auction and grant of a shell flshi.ng licence, under any circumstances for a period of 24 months starting from the last day of the expiry of such licence granted for shell fishing in a particular shell fishing zone. Such 24 months period will be called closed years. ii) Such shell fishing zones declared to have come under "closed years" will be declared by the licencing officer in local papers and through all All India Radio, Port Blair as and when such situation arises. iii) Not With-standing anything to the contrary elsewhere contained, shell fishing shall be completely prohibited in such fishing zone as have come under a II closed year ". iv) No person shall fish shells or attempt to fish shells or luke any boat or pOWCf driven boat to a zone for shell. fishing during the "closed years "; 5) Demarcation of shell fishing zones: i) For the purpose of these rules, there shall be shell fishing Zones In Andaman and Nicobar waters. ii ) /J.. zone shall comprise of such part of the An daman and Nicobar waters as is enclosed within the boundries specified in respect thereof in schedule-I. i) There ~~haii i:e <: licensee for every zone. who shall, subject to the provrsrons of 1h8::'8 rules, c;,we the soie right tofish shells in the zone, ii) No person unless .exempted from taking out a licence under any of the provisions of the Regulation, shall have any right, claim or title to fish shells in a zone. 7) Shell-fishing to be on authority of licence only: i) III ovcrv zone. shn ll s shall be fished only 011 the authoritv, and in accordance .witil the terms arid condi tioos. of a licence, and no person sl1811 be deemed to be a licensee unless he holds a licence in force for the time being. i i ) No licensee shall fish shells from any placo : outside the zone for which he holds a licence. 8) Ce rt a i n conditions of shell fishing i) For the pur po ss of shell fishing i 1 a zone, the licensee shall be permitted a) to obtain one power driven boat and not more than four boats registered under. rule 25; and b) to employ or engage not more than twenty re cisfere d divers. 2) In no shell fishing operation, the licensee sh-ill a) employ or engag'1 anv person other than a registered diver or b) use. e rnplov or engage any boat or power-driven boat other than 2l registered boat, b:.pl2.nation: A person employed or engaged on driving or rowing a registered boat or as d crew will not be d--erned to be a person employed or engaged in shell fishing unless such pBrSOIl eng,,:'J<; or employ himself in any operation actually and directly connected with sh ell fishi ng. 9.) Prohibition on transferring shells on other vessels Except under stress of weather or for any other reasonable cause, no licensee shall place or permit to be placed any shells fished by him or under his authority, on any . vessel other than the boat or power driven boat registered by him under these rules, Provided that provisions of this rule shall not apply where any shells are placed on a vessel for lhe purpose or being carried from an authorised port to a place outside the I daillan and N:cobar Islands. 10). Exte n t of Sh811 -f i shj nq in 0 ne s eas o n : In no zone the total quantity of shells fished during a season shall exceed 15 (fifteen) tons :iI we iqht. N\l Il"r~;():l Illl:ludin[J ,1 licensee and ,!I! persons cmplovcd or cllD<JucJ in shell fishinD in <1 p;lrll,:lJiili SilO;, fislllflY Limo for vvhlch licence has been qr,lrltecl, shall under ~IIiY c i rCUn1stJllCCS, 8n~j"nO t he ms alve s in i:l[)y other collection or fishing of living and non livifl\J rosource n of lh3 ,HOa, including fishing,' sports fishing, removal and collection of cor als , sc a lrccs/:.cal,H1S. se awec ds , and S8<J slur] (Beche-dc.mer) etc. except for their own bonafide consumption, destroy or damaqo such .arc a and fauna except fisl1in~J for shells for which licence is granted and valid for the period. 12) l n sp ec t i o n and mo as u re m e n t ot collected sholls : i) At the end of every trip of sea for shell-fishing every boat and power-driven boat used, employed or engaged by the licensee shall return to the authorised port and the person incharqe thereof shall apply to the authorised officer to have the collected shells inspected and measured. ii ) On receipt of such applicanon, the authorised officer shall inspect and measure the collected shells and in case he so requires, the licensee shall remove the collected shells Ir o rn the bo at or the power-driven boat. <IS the case may be, and stock them on the s hore for Ow purpose of inspection and mcasur nrucnt. 13) Restrictions of fishing undersized shells: i) For the purpose at these rules, any shell which <1) Call p,JSS t lir o uqh <l c ir cular ~F~UOC of less them 9 centimetres in diameter, In the c ase of trochus Trochus nilo ncus linn), or b) is less than 21, inches or 6.35 centimetres in dia-meter at the operculum, in the case of turbo (Turbo rnarrnoratus linn), shall be de eme d to be an-undersized shell. ii} No. licensee shall, as f ar as possib:e, fish any undersized shell, and if any such shell is cauqht durjng a she!' fishing operation and is detected it shall be the duty of the licensee or U1e p::!rson. incharge of the operation to return it back to the sea in auve condition, DS e arlv as possible but in anv case not later than the evening of the clay on which it was caught. Iii) The licence, wc:nted to a licensee shall be liable to cancellation, if any, of his catches cor.tams undr-r s rzed shells in a lorger proportion than ten percent of the total number of shells in the cat ch IV) Any catch co n taininq undersized shells to the extent of more than five percent but less them ten percent of tho totill nlj-mber of shells in the catch shall be liable to be coohscate d by~v e r0 rneut-.-- ' 14) Development of Islands shell indus tr y-e-conditions of licence. Each licensee will be required to sell not less than 25,:~ of the total shells fished in a particul ar shell fishing zone in one season to the Director of Industries, Andaman and Nicobar lslands. Port Blair and not less than 25% to the Andaman and Nicobar Coopo:r3tive Supply end Marketing Federation at the market rate as fixed by the ,~dn1inistration from time to time for particular species and quantity of shell or shells, In Port Blair mnikct. 15) 111:lrketillg and Shipment : a) No person except Registered Co v operative Iv'larketing Society, shall undertake wholesale marketrng of shells in Andaman ~nd Nlccb ar Islands other than as provided under rule 14. b) No person in Andaman and Nicobar Islands, shall carry retail business in sea shell of iJny kind without a valid "Sea shell dealers licence". NOTE: Auctioneers also are they choose to do business in provided In Rule 14. required to take <.l "Sea shell dealers licence". in case A &. (\J Islands, in respect of shells otherwise than as C) And person who intends to untertake retail marketing of shells of any kind in specific area and town of A&. NIsi ands shall apply to the Licencing Officer on a prescribed form appended as Form I to Schedule II. d) I f tne Licancing 0 fficer decides to issue a "Sed-shell dealers licence" it will be granted in Form 'M' for one year from the date of issue, The fee payable for grant of licence shall be Rs. ?5/- p.a, D) Such sea-shell de alcrsjflcnncees will purchase their requirements of raw materials of shells from the whole sale dealing registered Cooperative marketing Society of the area In A & ,\I Islands or from Directarata of Industries. And such sea-shell de aler s licensee shall keep a proper recard of shells raw-materials received, in a register, to pro duce be tore inspecting officer 'as and when required to do so. f) No person shall possess more than 10 shells in raw or in polished condition at any olace unle ss valid arid authentic proof for such possession or a written permission from the Director of Fisheries to the effect is there. 2) Sh iprncnt : a) No shells, raw or poiished, collected or purchased in the Andaman and Nicobar Islands shall be shipped by sea or air to any place out side the Andarnan and Nicobar Islands unless a written permission to the effect is obtained Irorn theDirector of Fisheries aiter de cl arinp the exact quantity and value of such shell articles. Provided that no such, permission shall be necessary for carrying 'shells, for p~rsonal usc, bv a tourist or other person, when the number of shells so carried i~; Jessth an te11• b) The Shipping Corporation of lridia, Harbour Master, Indian Airlines Corporation and Dept!. of customs and Central Excise. Govt. of India, Port Blair, shall nat permit transportation or any such consignment of shells from any sea or air port in the Andarnan and N ic o bar Islands unless per rniss ior. to this effect duly signed by the Director of Fisheries, Aridarnan and Nicobar Islands on an authority by him produced by the person so tr anspor tinq as provided in clause (3). CHAPTEF( -- [II Hi) i) The right to fish shells by licence shall be settled by public auction by the Licencing Officer subject to confirmation by the Chief Commissioner ii) The bid at each auction shall be knocked down in favour of the highest bidder at such auction provided that the licencing officer may reject the bid of the highest bidder for any good and sufficient re ason. . 17) The aucti un s hall be held in acco rtlancc wit 11 t he following prov islous. i) A notice 'of auction shall be published by the Licencing officer in such manner as he deems fit and such notice shall include particulars of the zone to be auctioned, the period for which the right to fish shells extend, the date, time and place of the auction. i i) At the ccrnrnence me nt of the auction such bidder shall deposit byway of security a sum of Rs. 1000f- which in the case of an unsuccessful bidder. shall be returned to him at the conclusion of the auction <Inc! in the case of successful bidder shall be token over as oarrie s t money deposit for the due observance of the terms of the licence and the provisions of these rules. iii) The earnest money deposit shall, subject to the provisions .of these rules be returned to tile licensee atter the expiry at the licence. iv) The bid amount shall be paid by the highest bidder in four equal instalments to be equally spread through-out the period of the licence. The first of such instalment shall be paid by the succesful bidder immediately after the bid is knocked down in his favour or vvi'thin such time thereafter not exceeding 7 days as may be specified by the Licencing Officer in this behalf. The rest of the instalments, shall be paid regularly on the dates specified in this behalf in the agreement prescribed in clause (V). v) The successful bidder shall execute an agreement in form lA' Prescribed in schedule 11 before the licence is gr,mted him Hl. Form or Licence etc, i) The licence shall be in Form '8' prescribed in Schedule II. Ii) A licence granted under these rules wHI be valid for two consecutive seasons. iii) A licence granted under the rules shall not be transferable, iv) A register of licences granted under thfs rule shall be maintained by the Licencing Officer in Form 'C' prescribed in Schedule II. 19. Penalty for breach" i} In the event of a breach of any of the terms or conditions of licence or of the agreement or of any of the provisions of these rules, the security money dcposrt shall be Jiabie to be for efe i te d to Government and the licence shall be liable to cancellation after due notice. 11) Any p:;rscJ'"1 ;q'iri8v8d by an order p asse d under sub-rule (i) may, within 1°davs from the: ch i'~ 0 i I he order, appe ;,1 to the Ch ie f Commissioner whose Orders thereon s he.l be final. 20. It ceo vcr Y 0 f sum 2) All sums due under the pr o vrsror.s of these rules shall be liable to be recovered as if they wer'l arrears of land revenue. 21. Security for strict observance of terms a ntl conditions of licences i} No licence shall be granted unless Rs. 1000/- has been deposited as security depos it with the licencing officer for strict observance of the terms and conditions of the licence. ii) The arno unt so deposited shall be relundable alter expiry of licence as per provision in rule hlo. 17 (Iii). 22. Consequences or breach of terms and conditions of licence i) In the event of breach of any of the terms and conditions of a licence or at any of the provi sio ns of these rules, the whole or any part of the amount of se cut iry de po si te d under rule 17 shall be liable to be forefeited .to Govt. and the licence shall liable to cancellation. ii) Where there is a breach of any terms and conditions of a licence or of any of the provisions of tjie se rules, the l.icencinp Cffic sr, may after requiring the Ilcens~n. to show c aus e why action should not be taken under sub-rule (1), pass such orders as may be deemed fit in the circumstances of the case. iii) Any person aggrieved by an order passed under sub-rule (2), may within 10 days of the date such order make a repre senata io n to the Chief Cornrnis , sioncr ilnd tile o rdc r pnss cd by the Chid Commissioner on such repr e sen, t auon S!LlII b e final. CHAPTER-IV .23. : BO:llS, etc us cd ill shell fishing to he registered All boats and power- dr iven boats used, employed or engaged in shell fishing shrill he registered :1'1 accordance with the provisions of this Chapter, and no boat or power dl iven boat which is not so reg ister ed, shall be so used, employed til' 8ogaged. 14 Per sons cn.plovcd or engaged in shell fishing to be registered All persons employed or engaged in shell fishing shall be registered as divers in <1r.r::ordancc with the provisions of this chapter and 1'10 person who is not so registered, shall be so ernolove d or en-]3Q8d, or shall employ or engaged himself as such. 25. Kcgj~.lr:ltiGn (~f Boat:>, ct,~. i) V\iherp. <lily boat or power-dnven boat is to be use d employed or engaged in shoil-fishing, the owner of the boat or the power-driven bo at, as the case may be, sh aii make an appl ic ation to the licensing officer in Form 'D' prescribed in Sche dule ll , Every such application sh811 be accompanied by a certificate of sea-worthiness and suitability granted by the Marine Engineer and tt§rg.our.f\.1..aster on inspection ' of the boat or the power-dr iVGn boat:-"as--tJ1e-c1'Is-e- may be, an-d"-for every such inspection the inspection fee prescribed in Schedule III sllaJl be payable by the I owner. Provided that in the case of an application in respect of a dinghy, no such certificate shall be required. iii) Where an application is in order, the Licencing Officer may, on payment of the' registration fee by the owner prescribed in Schedule II I register. the boat or the power .criven boat, as the case n~ay be, in the book maintained under sub-rule (4) an d grant a certificate of registration bearing (1 serial number of the series of such certificates iv) The Licencino Of ricer shall maintain a book in Form 'F' prescribed in Schedule [I, ill which the requisite pnr tir.ulai s of boots an d power-driven boats registcI('d under, sub-rule (3) shall be cr.tere d, 8 copy of all particulars SO entered during each month shall be sent by him to the Marine Engineer and Harbour Master for record. v) In this rule and rule, 26 <J.ll references to "Owp(~r" shall include re tcrcr-ce s to the person who is for the time being authorised to use, employ or eng3ge the boat or the power-driven boat, as the case may be. 26. Furm ,:nd vnlidit y of certificates of registration grunted under Rule 25. The ccrt ificate of registration to be granted under sub-rule (3) of rule 25, shall be in Form "E" prescribed in Schedule II and shall. subject to the provisions of these rules, be valid and remain in force for the season for or during Which it has been granted. 27. Hcgi:;tratio[1 number of registered boats i) The numbvr indicated or', the certificate of registration, shall be the .registered number of a registered boat. ii) The rt'gist'~r8d number ~,hall be distinctly pninto d on each side of the bow of every re9istered boat In such sizes as rnsv, from time to time, be prescribed by the Marine Engineer and Harbour Mastcr. 23. Conditions precedent to grant of ccr tlfica te of registration in relation to registcrctl boats i) Every certificate of registration in relation to a registered boat, shall be cJE-CnH~cJ to have been granted, subject to observance of the tollovvinq condi kH15 by the person in charge of such boat, namely r (3) Except under stress of whether or for move the registered boat from the certificate of registration. other sufficient reasons, he shall 1I0t locality or localities specified in the (b) The certificate of registration shall be kept with shell fishing is carried out and shall be produced Authorised Off;r.er, on demand. the registered boat when for the inspection of the (c) He shall keep the registration number painted on each side of the bow of the regiswrcJ boat clearly visible. (d) I f he sights or cncount~rs any other b o at or power-driven boat which he has re ason to believe is illegally engaged in shell fishing he shall report the m at tn r immocliatclv to the Licencing 0 Uicer or to tile Superintendent of Police on his return to Port Blair. or to the nearest Maqistr ate or the Officer rncllarge of a Police Station on his return to. any other authorised Port, He shall permit the re qis ter e d boat to be searched at any time by rise d officer of the Audaruan <3nd Nicobar ls iends Adrrunistrat iou on demand by such officer produce the certificate of registration, an autho and shall (f) He shall not permit the registered boat to be used, employed or engaged in shell fishing by any person other than a licencee or a registered diver. (9) If so ordered by th~ Licenc inq Officer, he shall fly a distinguished flag, obtainable from the Marine Engineer and Harbour Master • .(h) He shall at all times confirm t o all, signals proceeding from vessels flying to the Gave ensign. Ii) ~lon.observance of any of the provis roris of sub-rule (1), shall render' a certi .... ficate of registration liable to cancellation t 29",::Rq~islrlltiOll of divers for shell-fishing (i) Any person inter.dinq to be registered as a diver for the purpose of shefl~ fishing in the Andaman and Nicobar waters, may make an application to the Licencing Officer in Form 'G' prescribed in Schedule II complete:·in. all res pects provided that no person who is less than 18 years of age shall be eligible for being registered as diver. ii) On such application, the Licencing Officer may, after such enquiry as he may deem fit, register the applicant as diver. sub-rule (2) shall be entered and a certificate of registra him as prescribed in Schedule iii) The p ar t ic ulars cf the diver registered under in the register maintamed under sub-rule (5), tion shall, on payment of the registration fee by Ill, be granted by the Licencing Officer. iV) Every certificate or registration granted under sub-rule (3), shall bear a serial number of the series of such cer tificates. v) Tha Licencinq Offic['r shall maint ain a register in Form -I' prascr ihe d in Schedule II. in which the requisite p articulars of rqJisterled divers shall be entero d. 30. ii'orm va lidit y :11)(1 renewal of certificates of registration granted under Rule 29 i) The certificate of registration to be granted under sub - rule (3) of rule 29, shall be in Form 'H' prescribed in Schedule "and shall, subject to the pro vision of ths se rules, be valid and remain in'" force for the season for or during which it has been granted. Provided that every such certificate shall expire on the commencement of the closed season immediately f o llovvinq such season, i i) A C8rt i fica te expiring un de I' pre scribe d in Schedule II and Schedule III by the diver, be to season. sub-rule (1) may, on application in From 'J' on payment of the registration fcc prescribed in renewed by the Licencing Officer, from so ason 31. Condition app licab l e to shell fishing b y registered divers i) No rogistered diver shari Iish shells in any part of the Aridaman "and Nicobar waters, unless he is appointed, engaged or employed by a licensee f or that purpose ii) No registered diver shall fish 'shells for, on behalf of or to the benefit, of any person other than the licensee by or under whom, he is employed or engaged for the time being, iii) No registered diver shell fish shells from any bo at .or- power-driven boat other than a registered boat or shall make himself prosent in any boat other than the registered boat used, employed or engnged for shelt.Iishlnq by the licencee, by or under whom he is employed or engaged for the time being. iv) No registered diver sh all be permitted to change his employing licensee unler 5, on application ill Form 'i(' prescr ibe cl in Schedule II by such diver, such change is endorsed by the Licensing Officer on the certificate of registration of such diver, v) [very rl~ql:;lmcd d i v nr shrill, while rishinq sho l ls cllrry with him his ccr ti llcnto of reqistrat ion, which shall be produced for inspection to a authorised officer on demand. Vi) Any breach of this rule on the 'part of a registered diver, shall render his cer ti fic at s of registration liable to cancellation. 32. Certificate of registration of direr to be deemed licence for certain purposes; A certificate of registration granted under rule 29 or renewed under sub-rule (2) of rule 30, shall, tor the purposes of section 3 of the Regulation, be deemed to be a licence to fish shells subject to the conditions of such certificate and of rule 31. CHP,.f"lTtf~-V 3J. Illterpo~in;.; or authorised officer i) An Authorised Officer interposing under section 6 of the Regulation for the purpose of preventing the commission of an offence, shall writing to the Licensing Officer explaining the interposed. forthwith make a report in circumstances in which he i i) Such of ticer shall, at the same time, send to the Licencing Officer a list of properties, if any, seized by him' in order to prevent the commission of the ... o i.ence, a-i d shall unless the property seized is perishable or not easily transportable, send the property to the Licencing Officer. 34. Disposal of certain P roper tis i) Any r er ishaule or not easily transportable property seized or forfeited either as a result of conviction under section 5 of the Regulation, or by a Authori sed Officer under section 6 or section 8 'of the Regulation, shall. be disposed of by order of tho convicting Magistrate or of the Authorised Officer making the seizure, as the case may be, to the best advantage of government. ii) All othar properties except any sum of money forfeited to govt, under the nrovisions of these rules shall be disposed of by order the Licensing Officer to the best advantage of government. iii) All sums of money realised by disposal under sub. rule (1) or sub-rule (2) shall be paid to Ih9 Licensing officer and creditable to government. 35 Repeal and savings i) n~e Andaman and Nicobar Islands shell fishing rules 1955 is hereby repealed. ii) The raps a' of the said rules shall not affect (a) the previous operation of the said rules, or any thing du!ydone or suffeted there-under, or (b) anydght pr ivile , o o liqatiun or liability acquired, accured or incurred under the, said re qulation or (C) any penalty, forfeiture or punishment incurred in respect of any offence committed aq ainst the said rules. Z;;Ar8-;------~~d ar ies r'JO. 2 SC!-lE?JULE-! (Srw Rule 5 (2) ) 3 Authorised Port 4 Author is . ed Officer 5 1. Cape Price to . Maynbunder 2. cape Price to Austen Strait 3. Maybunder to Long Island 4. LO:Jg lstand to Shoal Bay 5. Shoal Bay to Chir iatupu Between latitude 12~ .665' north and ~·.r:~yabunder 13-34.5' north from Cape Price to Brown Point along the east coast of North Andaman Islands including Land Fall Islands, East Island, South Island and other Islands and Islets along the said e ast coast between the said latitudes. Between latitudes 12'-54 north and Mavabunder 13"-34.5' north from Cape Price to South Passage of Austen Str ait along the West coast of North Andaman Island includinq Interview Island and othar Islands and Islets along the said west coast between the said latitude, Be t we en latitudes 12°-24' north and long Island 12'.55' north from Aves Point to South Point along the east coast of Middle Andarnan Island including Long Islands and other Islands and Islets along the said east coast between tile said latitudes. Between latitudes 12Q-O-5' north and Long Island '12·-18' north from easter entrance of Hornfr arvs Strait to Cape per sain along the east coast of South Andaman Island including Cole brooke Islands, Passage Island, Strait Island & other Islands & Islets along the said east coast between the said latitudes. Between latitudes 11 "-29' north and port Blair 10"-56.4' north frem Cape Masy to Chir ia tapu along the east coast of South An daman Jsland including Islands & Islets alno p the said east coast between the said Iarltude s. Director of Fishe ries, Andaman and N ico ba r l sl ands , Director of Fisheries oirectd r of Fisheries Director of Fisheries Director of Fisheries 2 ...--- ....,..------ 3 ------~-- --- . G. Chiriutapu to Port Mount 7. Ritchie's Archipaiaqo . 8. N icobar Central Group 9. Nicobar ' Southern Group Bet'/veen latitudes 11 " 29' north and Port Mount 11 °.38' north from Chiriatapu along Macpherson Strait to Perseus point in ,. South Andarnan Island & other Islands to th~ West of this demarcation including Labyrinth Island, Tarmugli Island, Twins Islands and other Islands and Islets but excludinq Rutland Island and North Sentinel Island. Islands and Islets situated between Port Blair latitudes 11c·46.5' North and 12"-19 (north & comprising Richie's Archipelago including outr am lsland, Henry Law! cnco [sl and, John Lavvrence lstand, In\Jlish Island, Wilson ISland, Peel Island, Nir:holson Island, Havelock, ~eil Island and Huoh Rose Island but excluding Nor th, Middle and South Button Island. Islands situated between latitudes r-52' Nancowrie north & 8'-35' north including the islands of. Tillangchang, Teressa, Bompoka, Karnorta, Nancowrie , Trinkat & Katchal but excluding Chowra Island•. Islands situated between latitudes 6°-45' Nancowrie north & T-31' north including the Islands of Little Nicobar, Pulo Milo, Great Nicobar and other Islands and lsle rs between the said latitudes. SCHEDULE - II Form - 'A' (Rule 17 (V). ) AGREEMENT Director of Fisheries Director of Fisheries Director of Fisheries Director of Fisheries This Agreen1t:nt !s made on ... ~.• .~ •.. day of ...... .:.one thousand Nine hundred and between the President of India (hereinafter called the First Pilrty), which expression shalf, unless excluded by or re-pugnant to, the context include his successor and assigns, of the one part, and ... ......••.•..resident of . . . .... (hereinafter called the Second Party 'which expression shall, unless excluded by or repugnant to, the context, includes hisJits successors and permitted assigns) of the other part. 10) The sccur itv cJepositj.shall be re tunde d alter a lapse of three months from the date of expiry of the licence. 11) Without prejudice to aovother rights under law, the Licensing Officer shall have the right to forfeit the security deposit, to terminate the Iic ence and 10 re-sell the right to fish shells in case the second party commits any breach in respect of the terms and conditions of this agreement. 12 The decision of the Chief Commissioner, Pndaman and Nicobar Islands shall be final, binding and conclusive on the parties of this agreement upon all questions .and disputes relating to or ar is inq out of this agreement during its pendency or afterwards. 13) Provision of Rule 14&15 ofjShell fishing RUles, 1978 will be binding on the licensee and form part of this agreement. In witness whereof, the parties have set their hands the day an d the year first above written. Licencing Officer, For and on behalf of the President of India (First Party). Signed in the peresence of: (I) 5hri (2) (Second Party) Signed in the presence of": (1 ) (2) For m 'S' Shell-fishing licence granted under rule 18 of the Andaman and Nicobar Islands Shell-Fishing Rules, 1971. Not Transferable: licence NO . .• ••• This LICENCE is hereby granted under rule 18 of the Andaman and Nicobar Islands Shell-fishing Rules, 1978 (hereinafter referred 10 as' "the Shell-fishing RUles") to Shri ... .........• .. • . . son o t. . .• . •.. . ... "' .... . resident of..•. . .--. . . . authorising him to fish shells in Zone No ... .. . ••..•. •..•••••. cf the Andaman and Nico b ar Waters: (3) for two consecutive shell.fishing seasons, that is to say (i) the first season commencing from the first day ot October 1 fl and ending on . the thirtieth day of April, 19 and \'\)hcr80S th e riQht to fish shells by licence 113s been settled by public suction uileJer Rule 16 (1) of lh" I- darn;m and Nicobar Islands Shell Fishir,n Rules, 1978 in Iav our of tho sc;r,nnd p ar t v. WhereilS the amount of Rs. 1,000/- l Rupees one thousand only) deposited by the second party under Rule 17 (ii) of the said rules has been taken over as security deposit for the due observance of the terms of the licence and the provision of the said rules. Now it has been agreed between the afore mentioned parties as under : 1) The second party shall pay the bid amount of Rs (Rupees .•..•.• •••••. . ....•.. ,. . ••.... ., .....•..., ~ ••.only) in four equal instalments spread thro~ghout the period of licence. The first of' such instalment shall be paid by the second party irnrrjediate ly after the bid is knocked down in his favour or within such time thereafter not exceeding 7 days as may be speeded by the Licensing Officer in this behalf. The test of the Instalments shall be paid regularly on the dates rnenticr.e d belcw r 2nd instalment dated •.•.. . . ~ . .•.. 3rd instalment dat e d . .••.~ .•. • ••• . 4th instalment dated . .--. . . . . . ~. 2) The second party shall have the sale right to fish shells in the following zone or zones : (here enter the description of Zone or Zones) 3) The second party shall fish shells in the above zone (5) only on the authority and in accordance With terms and conditions of a licence issued to him under the sh~ll fishing rules, 1978. 4) The work of shell fishing, inclUding the places of storage of shells, be open at all times to the inspectron of authonsec Officer (5) of the Lens (s) specified in schedule I to the said Rules. 5) The right of the second party to lish sheH, shall be confined to the :"'Zone (s) mentioned in CI;lUSC 2 and tho second pur tv shall not fish shells from any place outside the above Zones (5). 6) The second party shall make his own arrangement for the collection and transport action of fished she lls. 7) The second party shall not be entitled to transfer his rightrs under this agreEn~er,t to any other person excel- t With prror permission in writing of the Licensing Officer. S) The second party shall not employ any person who was previously working in a Government Department, without production of a discharge certificate. 8) The rne brs of the aboriginal tribes shal] not be employed by the second party tor any purpose whatsoever. (ii) tllfJ second S88SCn c omrn enc inp from the first day of October 19 .•..••. .,:.md e;ldin~ on th[~ thir tio th flu\' of J\pril 19 , and rb) subject to tile prov.s io os (I f ;h~ !\IHiill))<:11 ,,"d i'~lCOIJ:.lI' lslan ds Fisheries Rcgu laticn 1938 (Regulation I of 193B) and the She ll.f rshinp Rules and also to the conditions set forth in the following statement, naruely i- . STATEMENT OF CONDITIONS (1 ) (2) The licensee shall not fish shells from any place in the Andaman and Nicobar Waters except zone No" .•.••. (hereinafter referred to as "the Zone"). For the purpose of shell-fishing, the licensee shall be permitted to use I employ or cngilge not more than one power-driven bo at and four other boats duly registored undor tho Slwll-fl5hing Rules and to employ or enq aq e not more than twenty registered divers. 3) In oo she II. Ii sl 1in~1 ope I' at io n. tho lie rinse 0 sh811 usc, ornplov or cn~J [}De any bo at or power-driven bo at other than a reo is te re d bo at , or employ or enlJngc any per son other than a registered diver, or employ any implement or method other than the following implements and methods. nnrne ly : 4) The total quantify of shell!o be fished from the zone during anyone season shall not exceed tweritv tons in weight. 5) At the end of every tr ip to sea for She II· fishinc every boat and power driven boat used, employed or enq aqe d by the licensee, shall return to the authorised port and the person incharqe there of shall apply to the authorised officer to have the collected shells inspected and measured. 6) The amount of' security, if any, deposited by the licensee shall, subje c t to the provisions of rules 17 and' 22 of .ihe Shell fishing Rules, remain hypothecated to the Government as long as this LICENCE remains in force. 7) The period commencing from the first day of May and expir inq on the thirtieth of September (inclusive of the day of commencement and the day of exp;~~') rluring every vo ar, 511011 be the cf o snd-season : and Shc ll.f is.hinq shall be completely prohibited 'in the An,dJlllun and -Nicobar waters during the close d-sc ason. 8) Every boat or power-driven boat used, ernpl oved or engaged by the licensee in Shell-fishing, shall return to Pert Blair or the authorised Port before the cornmenc err ent of the closed-season during every year. 9) The licensee shall fish shells subject to the restrictions on fishing of undersized shells as provide o in rule 13 of the Shell-fishing Rules. 10) This LICENCE shall be kept by the ticense ewitb hirn white fishing shells and shall be produced for inspection on demand, by an authorised Officer. (11 If the lic~J)s,,,c be the person in ..ch nrne of i.l registered boat used, employed or en !Janed in S he u.,fish in g, h f:~ sh all stri ell y co Ir:ply wi th t he con ditions 12id d own in rul ': 7.3 of tl10 ShnJI-fishin[J flui2S. 12) The licenseo shal} str ictly with tho rc quiren er.t s of the Ehc!!.fishicg Rules arid the conditions of this LlCEN CE. any ,breach of which shall, in addition to the penalties under se crion 5 of thr, Anciarn an and Nico bor Fisheries Regulation, 1938 (Regulation I of 1938), render this LICENCE liable to cancellation and the amount of security, as forcsaid, forfeited to Government. 13 Provision of Rule 11,14 and 15 of Shell Fishing RUles, 1978 will also form the part of conditions of this licence. Ucenc.ing Officer Dated at Port Blair the day or. ..• •... ~ 19 N w 01 OJ o N Number of licence. Licensee's name, father's name, nationality and address. Number of shell-f ishinq zone for which licence has been granted Registered Nos. and descnption of boats and power-driven boats used, employed or engaged in shell-fishing. Description of shell-fishing implements and methods to be used or employed. Date' of grant of licence. ~ Seasons far wh ich licence has been granted Amount of security deposit, if any. Date of refund of security, if any. D.et8 on which licence 'ceased to be valid. Whether licence ceased to be valid on account of normal expiry or cancellation or otherwise. , REMARKS. I ::IJ m G) (f) l m ::IJ a ""Tl (f) :r: m r r rn (f) :c z G) r Uin r- m»2 zO Om (f)(f) (J)G> :::r::n,...., m)::.(j) , Z (!l ~(l '-jCDO "TI m ::o '""t ViOS3 xc::: ClI 2 2 0; .. GJ.O ...... (J :0 ~ -:£; ~ C '--' r::tl mC en r I 1 m... Z;;co .....10 CO-n l :c m » z o > s: » z J> z o z o o w )::> :rJ ·1 \ r:orrn 'D' !\ppli Gct io.: undc I' rule /.;; 0 r 111(; Andaiu an <J1l cJ N ico LJ;:r I Sl~ll HI s Shell- fi!~ hingnu rC!;, 1973 for registr<ltio;1 of b:J<J [ or a power- driven bo at for being used, employed or enGaged in shell-fishing, To The licencing Officer. Andarnan & Nicobar Islands, port Blair. r, . e (name of the applicant), hereby apply that the boat/ pJwe r diven boat fully d~scribed below may be registered under nile 25 of the A & N Islands SheB.fishing Rules, 1978 for the shell-fishing season commencing, from the 1~;t October - -.-- •.•.. ..•. .jvear ) and ending on the 30th Apr il . .. " (yea r) and t IJ ill a ccr ti fi Co te 0 r ro nis tr ation in respe ct thereof may be granted '0 me. The required partlcutars are as follows: (a) Applicant (s) name - •••••.... - . (b) Applicant's father's name .. . -. -. . (c) Applicant's nationality .•. .•. ". ~.. .- . . '-'" -. . (d) Applicant's address ... . - ••. '" . . .~•.~- .... - . -- . - . - - -- ~., (0) Full description of the boat/power-driven boat including its size, make; year of make, capacity, fittings etc ....•• •.. ~. • . . (f) If the boat/power-driven boz t is propelled by any mechanical device, full doscription of such device including the strElngth of the mac hanlc al force ... . •. ,,------- ~ ---- .. (11) Full description of shell-Iishinq apparatus, if any, with which the: boat/power/ drivcn bo at is equipped. (h) Name (; the owner of the boatfpower-driven bo at., . (i) Description of applicant's' interest in the boat-power-driven boat, if he is not the owner . ...•• ••• (j) Locality or local.t.e s of the A & N waters, in which the boat/power-driven boat is to be used, employed or engaged for shell-fishing (k) Purposes other than shell-fishing, if any, fer which the boatfpower-driven boat shall be used, employed or engaged ... ...... .••.••.• ...... ... . . l l as the boat/power-driven b031 been previouslv reqls te re d Under Rule 25 of t he Andamnn & [\1 ico o ar Istands sh ell. f i~hing Ii U!8S, 1978 0 r under /" 8: n lslnnrts Shell fsihing' Rules. 1955 and if so ." . the number of the fast cenificate of registrnlion granted under that rule and the date of its expirv . (m) Has the boat/power-driven boat been registered 01' licensed under anv law other than the Andaman & Nicobar Islands Shell.fishing Rules, 1978, and if, so, details of such registration or licensinq.,•••• . • ••. • , (n) Has the bo at/power-d ri vanb o at been pre viou sly re fuse dreg istr ation unde r the Andaman and Nicobar Islands Shell-Fishing Rules, 1978 or [.Inrler A 81 N Islands Shell-Fishing Rules, 1955 or under any other law, and if so, the date of such refusal and the reasons therefor • .~ • .- 2. A certificate of sea-worth ine ss and suitabi Iity in re spect of the boa t I power-d rive n boat qranted by the "Marine Engineer and Harbour Mester, Port Blair is attached harewi th. If the bo atjpower- d ri ven boat is ~ag istered and a certifi ce l& of reg istra t Ion qr ante d as applied for, I agree to abide by the provisions of the Andaman and Nicobar l s rands, Fisheries Regulation, 1938 (Regulation I at 1938) and Andaman and Nicobar Islands Shell-fishing RUles, 1978. Dnted the Siqnature of applicant. Form 'E' (Rule 25 (3) ) Certific ate of reg istr at io n of a boat/power-d. iven t 03 t authorise d for be ing used, employed or engaged in shell. fishing in the Andaman and Nicobar water. CERTIFICATE No.-. ••.•••••• . The boat/power-driven boat hereinafter fully described having been registered under rule 25 of the Andaman and Nicobar lslands Shell-fishing RUles, !978 (hereinafter referred to as "the Shell-fishing Rules"). this CERTIFICATE OF REGISTRATION in respect there -,f, is granted to Shri . . . •.•..••.••. . .SOI1 oL. . ... -.. ~ ..•.••••• ...•....•... . .. resident of ••.• ••.• ••....... .. ••..•.••. . . being the Owner 01. ••••••.•.•••••...•......••. ....•..••.•.. the sai d bo at 0 f person lawfully possessing ••••.• . •••••• ••. ... ..• ." .. .•.dri ven bo at (hereinaHer referred to as "the reg istere d boat"), authorishing the registered boat for being used, employed or engaged in Shell-Fishing in the Anda m an and Nicobar waters, subject to the provisions of the A & N Islands Fisheries Req ulat ion, 1938 (REGULATION 1 of 1938) and the Shell., fishing Rules an,~ also to the conditions set forth in the statement of conditions hereinafter appearing. (a) Description of the 1'0 gi~:tcrod bOQ1 inr lu dinq it~ ::~:ZC', rnakc, cepccitv, fitti/l[lf; etc.~ ~-.. .. , . (0) Description of the mechanical device, if any, by rne ans. or by the nWlflcy. o f which the registered boat is propelled .p . (c) Description of the Shell-fishinq apparatus. if any, which the registered boat is equipped '" .,. . .- '" '" 2. THIS CERTIFICATE OF REGISTRATION shall, subject to compliance with, and observance of, the prov is ions and condi tions, res p active Iy as a fares aid, shall be ,valid and shall remain in force for the. shelt-ftsbinq season carnnencina trorn 1110 first day of October •••••• ~. and ending on the thirteth day of Apr"iI19 . • •••• . STATEMENT OF CONDITIONS 1. The registered bo at shall be used, eruplovc d or enoaged for shcll-flshinq and for no other purpose except th o [allowing, namclv : ~ ••••• .,. ~ ••• •• .- -..", ••••• 1 ••• • ...- ••• .. -... .... ....- .--.,, ••• ......... . .~ •••• • • • 0- ••• . -... . ............... -... ~ ... • • • •• 4 ..... • ~ • .. -.. . z, The names of the persons employed or engaged as the crew of the reqistered beat including the parsons employed or engaged on driving or rowing it, shall be intimated to the Licencing Officer f ro rn time to time, and! in no case, the total number of the persons so employed or eriqaqed, shall exceed three .. 3. The person ifl-charge of the registered boat shall be used, employed or engaged in shell-fishing from any place in the Andaman and Nicobar waters except zona No ... '" ~ ..• .... '" (hearina Iter re ferred to as "the zone") nor shall he hirnse If so, use employ or engage the registered boat. 4. At the end of every trip to sea for shell-fishing, the registered boat shal! return to the authorised port and the person in-charge thereof shall apply to the authorised officer to have the collected shells inspected and weighed. 5. The period commencing from the first day of May and expirrnp on thethirtleth day at September l inclusive of the day of commencement and the day. of expiry) during every year, shall be the closed-season: and the re qistere d boat shall riot be permitted or authorised to be used, employed or engaged in shell. fishing during the closed-season. 6. The registered boat shall return to Port Blair or the authorised port befor.e the commencement of the closed season. 7. The number of this CRTIFICATE OF REGISTRATION indicated above, shall be the registered number of the registered boat an d !his number shall be distinctly painted on each side of the bow of rhe registered boat in such sizes as may from time to time be prescribed by the Marine Engineer and Harbour Master, Port Blair. U. Th~J psr son in -ch arqc of tlw rcnistc{cd boat shall observe the following ccnditiosn, I\<F11'JI'1: (i) . (i i) (iii) (iv) tv) tvi) (vii) (viii) Exccut under stress weather or for other sufficient re asons , he shall not move the rcoistered boat from the zone. This CERTIFICATE OF REGiSTRATION shall be kept with the registered boat when Shell-fishinp is carried out and shall be produced 101' the inspection of the authorised Officer, on demand. He shall keep the registration number painted on each side of the bow of the registered boat clearly visible. If he sights or encounters any other boat 91' power. driven boat which he has reason to believe IS Hie gaily' eng age d in shell- f ishng. he shall report the matte I' immediately to the Licencing Officer or to the Superintendent of Police on his return to Port Siair, or to the nearest Magistrate or the.Officer.in-charge of the police Station on his return to any other authorised port. He shall permit tho registered boat to be searched at any time by any authorised officer of the Andaman and Nicobar Administration and shall on demand by such officer; produce this CERTIFICTE OF REGISTRATION. He shall not permit the registered boat to be used, employed or engaged in shell-fishing by any person other than a licensee or a registered diver, If so ordered by the licencing Officer, he shall fly a distinquisinp flag obtainable from the Marine Engineer and Harbour Master, Port Blair. He shall at all tiines confirm to all sipnals proceeding from vessels flying the Government ensign. 9. It shall be the responsibility of the holder of this CERTIFICATE OF REGISTRATION to ensure that all the conditions herein provided are 'observed by the person-in-charge of the registered boat, 10. The requirements of the shell.fishing Rules and of the conditions of this CERTI FICATE OF REGISTRATION shall be strictly complied with and any breach thereof shall, in the addition to penalties under section 5 of the Andaman and Nicob ar Islands Fishories Requlation 1938 (Regulation I of 1938), render this CERTIFICATE OF REGISTRATION liable to cuncetlation. Port Blair 01. licencing Officer, A & N Islands N *' W rn Ql (") :T (") ~ ~ ::" (") Ql- 01(j) tn ' Ql 0" Q) (tl (Q < (I) ::J ..I OJ (II (tl ""0 ~ Q) CO-CD ::J C 3 <:0 0 m '" 0<Il ~ til < ..... ..... N w Number of Certificate. Certificate holder's name, father's name, nationality & address. Description of the registered boat including ~her size, rnake , capacity, fittings etc. D(~scriptionof the rnechnnical device, if anv, by rne ans or by agency, of which the registered boat ispropelle d. Description of the Shell-fishing apparatus, if any, with which the re9 iste.r.e d boat is equipped. Name and address of the Owner of the registered boat, if the certificate holder be not her owner. No. of the zone in which the registered boat is to be used, employed or eng3ged for Shell-t Ish ing. Purpose other than shell-fishing if any, for which the registered boat may be used, employed or en[jaged. ~ Date of Grant of certificate. Season for which certificate has been granted. , Challan No. and date of payment of prescribed fee for grant of certificate. ............. - . - ...................,.--~ Date on which certificate ceased to be valid. Whether certificate ceased to be valid on account of normal expiry or cancellation or otherwise. ," I REMARKS o "Tl o rn :0 I o » I rn o "Tj :u m o <n Ul -I ,:0 ):>p z-l 0 0 UlZ (.r) G)~ XJJUl ~»~ i1rz 1-j:;JJO ~mc-t (Jj 0 (;' :I' I .j CN 2Z01..,., G) 0 1/ :om-:;: c JJ "-' r JJ <;» mC v cn r im ..... 1'" (DOl ..10 COil { ::r: rn p. Z o p. s: » z ):> :z. o z o o c.J » :rJ Applic<ltion urider ruto 2.9 ('I) of the Alldilman ilnd Ni cob ar Islands Sj)CIl~1ishin~~ Rules, 1978 for registration of 0 person as a diver for sholl.fi~·.hing. To The Licencing Officer, Andaman & Nicobar Islands, Port Blair I .. """ ,. .• '" .-..•. -•.. (name of the applicant) hereby apply under rule 29 (1) of the Andaman and Nicobar Islands SheIl-Itshinc f1u!es, 1978 lor registration <IS a diver for shell. fishing and grant of a certificate of registration for the shell-Iishinq Season commendng from 1st October 19 and ending on the 30th April, 19 .•.••.•.. The required particulars are as follows : (a) Applicant's name '" . •.• •• ••• , . . . . ( b) Applicant's f athe r' s narne ....•.. '" .••.•.. '" .,. .••.. . ~.., .•.. . (c) App licant's nationalit y -..•.••. ~ .• . , •..••... .. '" . . (d) I h::lqht - . .. '" . .•.• .. '" '" .. ~ . (e) Colo ur 0 f h air ~ , .. .. .. '" . '" (I) Colour of eyes ••. .• ..•• •.. (g) Distinguishing marks • . .~ . . .•. ••. •.. ...•.. (h) Applicant's acdress " . .•.•.. ..•.•.• •.. .•.. . .•. .•. (I) Name, address and licence No. 01 the licensee by or under whom the applicant is proposed to be employed or engaged for shell-fishing . .. . . .... ..... 0) Description of. shell-fishing implements and methods to be emptoyed for shell. fIshing '" . .•• , . .. ... ~..•.• :. ... ., .•.. . '" .... :. '" (k) No, of registration certificate previously held, jf any ••••.••.•... ...... . ••• (I) Details of any other kind of fishing licence held by the applicant. if any (rn) Has the applicant been ever convicted of an offence under the A & N Islands Fishenes kegulation, 1938 (Regulation 1 of 1938) and, if'so, slate the details of the offence and the punishment awarded ...•.. .... 2. If a certificate of rApistration LlS <J diver for she ll-f ish inq is; qrante d 'to me, I agree to abide by the provisions of the A & N Islands Shell fishing Rules, 1978 and the A & N Islands Fisheries Regulation, 1938 (Regufation 1 of 1938 ..· Two unmounted copies af my photograph lfl the 5178 of 2" x 2" approximately. are attached herewith. Dated the ., Signature of applicant. CERTIFICATE Certified that the applicant is proposed to be employed by me for shell-fishing in Zone No '" .•, ...of the Andaman & N icobar Waters: Dated tho: Signature of licensee Licence No, For m (Rule 29 (2)) Ce rtif icat e of registration as a diver for shell-fishing in the Andarnan and Nicobar waters. CERTI FICATE No . This CERTIFICATE OF REGI STflATION as a diver authorised to fish shells in the AndClman and Nicobar waters for, on behalf of, or under the authority of the licensee 11ere;nafter fUlly described, is hereby granted under 'rule 29 of the Andaman and Nicobar Islands She ll-Hshinq Rules, 1978 (hereinafter referred to as the "Shell-fishing Rules') to Shri ....• •.... .~ .•. ..•. (h(l'reinafter referred to as 'the registered diver'} identifiable by . "' ~..••.••• .••.• (i) the photoqr aph below : PHOTOGAPH of the diver to be pasted here and authenticated by the Licensing Officer. AND (ii) the following particulars, narnelv i (a) (b) (c) (d) (e) (f) (g) Father's nanlc '" '" . Natior:a lity ... :•. ..• . ••... .". .•... Height ~•• ft... . . . . ~ :- inches. Colour of hair ~- - --- - -... . Colour of eyes... ................. ~ , ~ , , . Distinguishing Marks " . Address . 2. The licensee employing the regLstered diver of sheH-fishing the registered diver of shell-fishing 'and for whom, or on whose behalf, or under whose s tickout authority, the registered diver is authorised to fish she lis, shall be Shri. holding shell.Hshinq Licence No· : .. in respect of She ll-ftshiriq zone No r or such other licensee to whose employment the rcqisre rod diver rn ay ch,mge over, such change h avin q I..lf.H;n endorsed on this CERTIFICATE OF REGISTRATIONS in accordance with provisions of sub-r u!e (4) of rule 31 of the shell-fishing Rules 1978. 3. Subject to the provisions of And aman and N ico b ar Islands for Fisheries Regulation, 1938, (Regulation I of 1938) and the shell-fisning Rules and also to the conditions set Iorth in the following statement, force for the shell-fishing se aso» commencing from the first day of October 19 " and ending on the thirteth day of April 19 .." ..... "..., ...namoly;. STATEM ENT or- CONDlT10NS (1) The reqiste re d diver shall, while fishing shells, have in his possession this . CERTIFICATE, which shall be produced for inspection to the authorised Officer, on .. demand• . (2) The registered diver shall not fish shells in any part of the Andarnan and Nicoboar waters unless he is appointed, engaged or employed by a licensee for that purpose. (3) The reqiste red diver shall not fish shells for, on behalf of, or to the benefit of, any person other then the licensee by or under whom he is employed or engaged for the time being. (4) The registered diver shall not fish shells from any boat or power driven boat other than a reo istere d boat nor shall be employ any shell-fishing implements or methods other than the following implements and rne rhods, name lv : . (5) The r[~gistered diver shall not make hirrisclf Present in any registered boat except those which are used, employed or engagEd for shelt-f rshrr.c by thE: uc er-see by or under whom he is employed orengaged for tile time being. , (6) The registered diver shall not be permitted to change his empioying licens ce unless such change is endorsed in this certificate by the Director of Fisheries of the A & N Islands in accordance With sub-rule (4) of rule 31 of the shell-fishing Rules, 1978, . (1) If the ~enistered diver is the person in.·charge of a re qiste re c boat used: emplove d or engaged in st,IJll-flshing, he shall strictly comply Wit!) the conditions laid down in Rule 28 of the Shell Fishing Rules, 1978~ (8) The registered diver shall strictly comply with the requir err erns of the Shell fishir;g Rules, 1978 and. the conditcns of this certificate, any breach o( which, sh all, in addition to the penalties under the A & N islands FIsheries RegUlation, 1928 (Reg ulat ion I of 1938). render th is certi ficate Iia ble to cancell ati on, ·Daled at Port Blair, the •.•...day of. • • ENDORSEMENTS Licencing orIicer , A & N lstands. Change in the employment of the registered diver t (al From Shri holder of Shell fishing Licence No in respect of Shell fishing Zone No to Shri . holder of shell fishing licence No .in respect of shell fishing Zone No with effect from the ..· .:.; is hereby endorsed. Licensing Officer, A & N Islands Dated the- . (b) From Shri holrJ1)r of ~;h()11 fishillg Licence ('.Jo .. to She: holder C'f shell fishing licence No . in respect of shell fishing Zone No with effect from the . is here by endorse-d. Licensing Officer, A & N Islands. Dated the . (c) From Shri : holder of sh~!1 fishing ~icence No , . In respect of shell fishing zone No to Shri. holder of shell fishing licence No in respect of shell fishing zone No with effect from is hereby endorsed. Licensing Officer, . A & N Islands, Oute d the . (d) From Shrl holder of Licence No :.. . in respect of Shell fishing Zone No to Shri . ...........................................holder of shell fishing Licence No .. in respect of shell fishing Zone No with effect from the . is her cby endorsed. Licensing Officer. A & N Islands . Dated the . R~NEWALS Tho prescribed fee having been paid by the registered diver, this CERTIFICATE is hereby renewed and rendered valid under sub-rule (2) of rule 30 uf the A & N Islands Shell Fishing Amendment Rules, 1978 for the shell fishing season r 1. Commencing from .•. . and ending orl. .•..•.• . L'cc"cing Office, A & N Islands Dated the . 2. Comnlencing from ~- and ending on . Licencing Officer, A 8t N Islands Dated the , . H{E ANDAMAN & NICOBAR GAZETTE. EXTRA ORDINARY, MARCH 8, 1979 3. Commellcing frorn H. . .~ and ending on ~.. ," ....•. - .. Licensing Officer, A & N Islands. Dated the ; 4. Conlnlencing from and ending on ,.. Licencing 0 fficer. A N & Islands Datod the •.~ . CJ o :00 C:A ~o (f)"Tl 0 .... m to:o ....J-/co O~ n 0, /» I-l m~ »0 2'T1 o:J} »m ~G) » z~ »::0 z» 0-1 o ~z 'TIS}> woo(/) :r: » o~ :0 <~ Z-rno:>"T1 G~:O::rJO :0 J;> en '=- "'t C2G'lro:i rO:::ON..J· m (I) ):><0 (J)' 2~ • jUl-;: :0 rn ...... co rn a~ ..I Z C(Pm ~Z mO 08} C::o 2C Or m m :0 tv (j) ill CCOm J ~ ::0 Co r"Tl m l !j:r: om "Tl(f) :o:::r.: em ~i ~2! o~ "71 Z G) I . Number of Cer tificate I . father's name and address I Registered diver's .name, Nntionalitv Hieght ::JJ ro Colour of Hair to . U>... Cb..., Colour of Evns ro 0 0 Dis tinqushinq marks < (lJ..., \1> Photoqrnph Oescrlpticn 01 shell fishing implernentes and methods to be employed Date of grant of certificate Season for which certificate h8S been granted Chall an No. and date of payment of prescribed fee for grant of certificate ~ Date of renewal of certificate :0 rn Z Seasons for which certificate has been renewed m ~ Challan No. and Date of payment of prescnbed » r fee for renewal of cer tiricare (I) ~ Namo ;)')(! licence No of the registered diver's employing licensee at the time of qr<Hlt of corttttcate " ~ --- . Name and licence No, of the licensee from whose employment the registered diver change over " Name 20d licence No. of the licensee tll whose employment the registered diver changes over 1------- ·· ---.. , Date of change of registered diver's employment from the licensee mentioned ill column 17 to the licensee mentioned in column 18 REMARKS, I < ~. . ro '?- .; 01-< OJ N :"J 0 0 :J Will ~ [D ~ h ~ ro ..... 3 en ""0 0 =: :3 OJ (b ::J r: ro -...J 0 ~ ro (D 0 co :; If> tr o (D 0 7,· ~ .~ r... .< C' f',J Q 0 For m IJ' Application u.ide r sub-rule (2) of rule 30 of the A [i, N Islands Shell Fi~;hinn r';:Jh~~;,1878 ir)r :;;'l~~wnl of the Ccr t ifrcato of re qis tr ation as a diver for shell hshinq, To The Licensing Officer, . And aman & Nico bar Islands, Port Btarr l. ' ..,~ - . .~ (Name of the applicant) was granted certiflcate of registration as a diver for the shell fishing season commencing from the t st October . .,. (year) and ending on the 30th Apri1... ...•..•.... (year) (and this c~rtificate was renewed from time to time and rendered valid upto the 30th ApriL • ••.. (year). As the certificate has since expired, [hereby apply for its renewal, on the same terms and conditions for another shell fishing season commencing from the 1st October •..• (year) and ending on the 30th April. ....; ... '" .. , (year). . .. .~ . The required particulars are as follws :. (3) No. of the expired certificate ... .. :.••.•..•.. .••• ...:. . ... (b) Date of grant of the expired certtf icate ~ •..• •.• (c) Date of last renewal, if any, of the expired ccr.tillcntu (cJ) Description of shell fishing implements arid methods employed during the las t season ... '" ... •.. • " ••.... .... (8) Changes proposed t· be made, if any, in the description of ~h,;il iishing implements, and methods, if. the expired certificate b renewed as applied for .l-.. . (I) Name, address and licence No. of licensee by or names, addresses and licence Nos, of licensee under whom the 'applicant was employed or engaged during the last season. •.••••••.•...•••..••. .... (g) Name, address and licence No. of the licensee by or under whom the applicant was employed or engaged at the close at the season . ••.•.. ~. ••• lh) Name, address and licence No, of the licensee by or under whom the applicant is proposed to be employed or eriqaqe d during the shell fishing season for which the centificate is to be renewed . . . (i) Details of any other kind of fishing licence hold by the applicant, if any (j) ~ Has the applicant been convicted of any offence during the last year, and jf so, the details of the offence and the punishment' awarded •. : .. ~ . (k) Pres eut ad dr css a f the appti cant. •• . . .•• 2. The expired certificate IS attached herewith. Dated thc .•••.•• .19 Signature of applicant. CERTIFICATE Certified that the applicant is proposed to be employed by me for shell-fishing in zone No . .... of the A & N Waters for the Shell-fishing season commencing from the jst October. ~ . . . (year) and ending on the 30th April (year). Signature of licensee Licence No. Forrn 'I( J ;,\ppl:eJ,iO:l :muc:, sub-rule (II) or 'il)iCl 31 c': th>1 i\ r, N lslands Shcll~fishing Ilule s, '\878 )0 Licensing Officer, A & N Islands, Port Blair lJ•••.•• ••••• • ••••••• •••~. ••.(namc of the applicant) being a registered diver and holder of valid certificate of registration No . .propose to ch anpe my emplovinp licensee and hereby apply that the change may be endorsed on my certificate of registr. arion as required by sub-rule (4} of rule 31 of the A & N Islands Shell-fishing Hule, 1978. The required particulars are as follows ; (8) N,Hl1C, address and licence No. of the licensee by or under whom the applicarrt is at present employed or enganed lor shell-fishing or is authorised to be crnployed or engaOl:d . ...• •• . .•..~ ••••..•.•••. . ...••..•. (bJ Name. address and iiccnce No of the licensee by or under whom the applicant will be omployed or cng8ged af ter ternunat ron of hi:; employment or engagement under the licence mentioned at item (<3) •••••• .. ••~ •• "' •• •••••• .• . 2. My certificate of registration is attached herewith. Dated the .........• . ~ Signature of applicant CERTIFICATE Certified thar after termination of his employment under Shri . . . . . . .~.• holder of shell fishin'g licence for sh'ell fi'shing in Zone No...... •.. ~. .. .of the A & N W<Jters. Dated the ~ •••• Signature of the licensee to whose employment the applicant proposes to change over, Licence No~ ~. ... Form 'L' Application under sub-tule (1) (b) (c) of rule 15 of the A & N lslands Shell. fishing Rules, 19'78. To The Licensing Officer, A & N Islands, Port Blair 1 •.. (Name of the applicant). beg to apply for a "Sea Shell Dealer's Licence" for carrying out relail business in sea-shells of the kind noted below in the market of town ~ of I, & N Islands for one complete year from . to . . .• 4, 5. The purricular c re quirc d are ~.)ivGr·, 2" I ollovvs : 1. /\ppllc~f1l's namQ : 2. /\ppIICQl1tr; (<llher's name : Po st al Address: 1\1 arne of the lo catitv in which shop is tocated : Details of the shop, Municipal Number etc. if any, 6. Kind 01 shells in which business will be carried alit. Date: Signature of the applicant Form '.M' Licence for a 'Sea shell dealing' in retail business under sub-rule 1 (d) of rule 15 of the A & N Islands shell fishing Rules, 1978. Fee Rs. 25/ This "Se a Shell Dealer's licence" is hereby granted to Shri ..~ . ~ .... .... •.son ,11 .......... . .. .. resident of ., .• . . ..••...••. for c arrvinq out retail bus rncs s in h is shop No .•.... .Iocal c rJ •• ,•. 'H ea , '" . town at A & N fslands from to . ..•••.• subject to following condrt ion: CONDITIONS 1. This licence shall be kept in the shop all the time where the retail sea shell business will be carried and displayed at proper place So that it could be easily seen by a customer or visitor, 2. This licence is soleruly for sea shell-retail business. 3. Provisions of sub rule 1 (b) of rule 15 shall be binding condition of this licence. 4. The licence should be produced for inspection or demand of a authorised officer or Licensing 0 ffieer. 5. He shall not carry business of any other variety of shell or shells other than those parrru tte d in this licence. 6. This licence only entitles for carrying out re tail business in shells of the kind specified in the licence and no other item like corals, sea trees/sea fan etc. 7. Under this licence any dearing of undersized shell as specified in sub-rule 1 of rule 13 of A & N Islands Sholl Fishing Hule 1978, is strictly pr ohib te d. ., 8. The licence will be liable to cancellation on infringment of any of the conditions stated above. I , 9. Any infringment to condition as on 31. No.7 of this licence will lead to the cancellation of licence and will also attract the penalties as specified in sub regulation 1, (ii) of regulation 5 of A & N Islands Fisheries RegUlation 1938, 10. Any other conditions imposed from time to time by an o~d~r of the Chief Commissi oner A & N Islands for the holder of such licence. He is permitted to carry out retail business in following types of shells : Licensing Officer A & N Islands SCHEDULE-Ill Th: pr cs cnbo d fcc: for" matter specified in columnt i) of the table bt';c\;',' ,,!1/.)) 1 1:[: the amount indicated here 8(]ainst in column (2) TABLE Column (1) 1. Inspection by the Marine Engineer and Harbour Master for grant of 3, certificate of sea worthiness and suitability under sub-rule (2) of rule 25 in the case of 3 • (i) Power-driven boat to be used, employed or engaged in shell-f ishmq (Ii) rowing or sailing boat to be used, employed or engaged in shell-fishing 2. Registr<Jtion and grant of a certificate of registration under sub-rule (3) of rule 25 in the case of 8 •• . ••• . ••. .• • <i) Power driven boat equipped for shell-fishing (ii) BO<Jt other than a power-driven boat 3. Registration of a person as a diver and grant of a cer tificata of reqistation under rule 29. OR renewal of such certificate under sub-rule (2) of rule 30 Column (2) Rupees one hundre d Rupees five Rupees fifty plus rupees five for each diving apparatus. Rupees ten. Rupees twentvper season 5. M. KRISHNATRY Chief Commissioner Andaman & Nicob ar istands By Order And in the name of the Chief Commissioner L. MEWA LALL Assistant Secretary (Fishe r iesj 31~18Ral EXTHAORDiNARY Ql fCTifi r~ ~ 5l9'lTf:rm Published by Authority tr<> 103, <:iti (;8<1;::, IT'Ti'lCfFl. 30 :iFf 1992, c-; , No.103, Port Blair, Tuesday, June 30, 1992 ANOAIV!AN AND NICOBAR ADMII\)/STRATION SECRETARIAT ~----~~ NOTIFICATION ~ Port Blair, dated the 30th June, 1992 No. 98 92,F. No. 5-1 (13) /89-Dev. L - In exercise of the powers conferred by Section 12 of the And arnan & Nicobar Islands Fisheries Reputation, 1938, the Lieutenant Governor (Administrator), Andarnan & Nicobar Islands has been pleased to make the following Rules further to amend the Andarnan &. Nicobar Islands Shell FIshing Rules, 1978 Issued with the Administration's Notification No. 32179JF. No. 5.1 (13) 73-Dev. II (MHF) dated 8-3-1979 and published in ·the Andaman & Nicobar Gazette Extra Ordinary No. 20 dated 8·3· 79, namely :- . Snort title and Commencement 1. (1) These Rules may be called the Andaman and Nico bar Islands Shell Fishing (Amendment) Rules, 1992. (2) They shall. come into force at Once . .L:nendment of Rule 17' 2. 111 the Andaman & Nicobar Islands Shell Fishing Rules 1978 thereinafter called the "said Rules") : (1) For the wor ds & figure "Rs. 1000/-"appearing in clause (ii) of Rule 17, the following shall be substituted : "Rs. 10,000/-". (2) . For the exist inu provisions of clause (iv) of Rule 17, t he follow ing shalt be substituted : "The bid amount shall be paid tly the highest bidder in four equal instalments to be equally spread throughout the' perio d.of the licence. The first of such instalment shall be paid by the successful bidder immediately after the brd is knocked down in lusIavour .. The rest of the instalments shall be paid regularly on the dates specified in this behalf in the agreement prescribed in clause (v), Lieutenant Governor Andaman and Nicobar Islands Rv Order and in the name of the Lieutenant Governor . Sdf Assi stant Secretary (Fv.)