Lakshadweep Marine Fishing Regulation, 2000

~~. ijb~-33004/2000 REGISTERED NO. DL-33004/2000 ti· 55 J No. 551 :RRiI ;n 'dt!re ~aufhD£~nhia 3Imt!R"f EXTRAORDINARY '11'T 2-OI1\1l'I 1 PART II-Section I ~i\wmrn PUBLISHED BY AUTHORITY "Ii~, ~<Xfftrm, :loI, ftrnt<n:, 2000 /30 ~, 1922 NEW DELIll, THURSDAY, SEPTEMBER 21,2000 I D1L\DRA 30, 1922 nl 'WT if f'l'f 'j'<l~ <it ;;mft t f.;rml f<I; ll~ 1J1WI -"~ <l; \"'! if -rnr ''IT'ri I Scparuie paging is given to t.his Part in order that it may be liIed.tas a separate compilation. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi. the 21st September, 2000!Bhadra 30,1922 (Saka) 1');;': LAKSHADWEEP MARINE FISHING REGULATION, 2000 No. 3 of 2000 Promulgated by the President in the Fifty-first Year of the Republic of India A Regu1;'tion to provide for the regulation of fishing by fishing vessels in the 1ll1:i.\i!ns and sea around the Union territory of Lakshadwcep. In exercise of the powers conferred by Article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him: CHAPTER I PRELIMiNARY 1. (1) This Regulation may be called the Lakshadwccp Murine fishing Regulation, 2000. (2) It extends to the whole of the Union territory of Lakshadwccp, (3) It shall come into force on such date as the Administrator may. by notification in the Official Gazette, appoint. Short title, extent and com mencement. Definitions. Authoiisa lion of officers"for the purpose of any provision of the Regulation. Power 10 tegulnte or plohibil certain matters within speci fied areas, 2. In this Regulation, unless the context otherwise requires, (a) "adjudicating officer" mevis any officer of the ~isherics Depart,!,~n~ not he!ow the rank of an Assistant D. ector of Fisheries authorised by the Administrator, bv notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties impos. d upon, an adjudicating officer by this Regulation for such area as may be specified in the notification; (b) "Administration" means the Administration of the Union territory of Lakshadweep; (c) "Administrator" means the Administrator of the Union; territory 01 Lakshadweep appointed by the President under article 239 of, the Constitution; (d) "Appellate Board" means an Appellate Board constitutcd under section 17; (e) "authorised officer" means such officer as the Adrn nistrator may. by notification in the Official Gazette, authorise h respect of the matter to which a reference is made in the provisions of this Regulation in which the expression occurs; (j) "fishing vessel" means a ship or boat, whether or n.)'o~=",-,,,,,, means of propulsion, which is engaged in sea-fishing -"'-<::':"::J I catamaran, country craft and canoe engaged if~ sea-fishing; (g) "port" mcuns the space within such Umits as may, from time to time. be defined by the Administrator, by notification in the Official Gazette, for the purposes of this Regulation; (II) "prescribed" means prescribed by rules made under this Rcgulatio~; (i) "registered fishing vessel" means (A) a fishing vessel registered under section 11 of the Marine Products Export Development Authority Act, 1972; or (8) a vessel registered as a fishing vessel under section 9; (j) "specified area" means such area or areas in the sea, or ir the lagoon around the Union territory of Lakshadweep but 1I0t beyond the tcrritoriai waters, as may be specified by the Administrator, by notification in the Official Cazeuc. 3. The Administrator may, by notification in tt" Official Gaztlle, authorise, (a) any officer of the Administration. 1101 being '!'f.lli,.fi~er below the rank of a gazetted officer; or (b) any officer of the Central Govc.nrncn , not being an officer below the rank of a gaze lied officer or a commisshned oficer in the Armed Forces of the ~.llion, with tile consent of that Governr;::taXo exercise the powers conferred on, . and discharge the duties imposed upon, . iorised officer under this Regulation in such area as may be specified in the notification. CHAPTfR II REGULATION I.F FlSHING 4. (1) The Administrator ITIny. having rcgrsd to the provisions of sub-section (2), by order notified in the Official Guzcrtc, regulate, restrict or prohibit (a) the fishing in any specified area by such class or classes uf fishing vessels as' may be prescribed; or (b) the number of fishing vessels which may be used for fishing in any specified area; or (c) the catching in any specified area of such species of fish and for such period as may be specified in the notification; or (d) the use of such fishing gear in any specified area as may, be prescribed. (2) In making an order under sub-section (I), the Administrator shall have due regard to the following matters, nnmcly: (a) the need 10 protect the interests of different sections of persons engage'! if fishing, particularly those belonging 10 the Scheduled Tribes; . (b) the need to conserve fish and to regulate fishing on a scientific basis; (c) the need to maintain law and order in the sea; (d) any other matter as may be prescribed. 5. No owner or master of a fishing vessel shall use, or cause to allow such vessel 10 be used, for fishing in any manner which contravenes an order made under section 4: Provided that nothing in such order shall be construed as preventing the passage of any fishing vessel from, or to, the shore, through any specified area 10, or from, any area other than a specified 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 persoll who engages in fishing in the specified area by using any traditional fishing faft such as catamaran, country craft and canoe, in accordance with the provisions of this Regulation. 6. (I) The owner of a fishing vessel ~ay make an application to 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) shall be in such form, contain such particulars, and be accompanied by such fees, as may be prescribed. (3) The authorised officer may, after making such inquiry as he may deem fit and having regard 10 the matters referred to in sub-section (4), either grant or refuse to grant, to ..the owner.or the fishing vessel a licence for using such fishing vesselfor fishingIn the specified area or specified areas as may be mentioned in such licence. (4) In granting or refusing 10 grant a licence under sub-section. (3), the authorised 'officer shall have regard to the following matters, namely: (a) whether tile fishing vessel is a registered fishing vessel or not; (b) the condition of the fishing vessel including the accessories and fishing gear with which it is fitted; (c) whether any order Ihat may be made under section 4; (d) any other matter as may be prescribed. (5) A licence granted under this section shall be in such fonn and subject to such conditions, including conditions as to payment of such fees and furnishing such security for the due performance of the conditions, as may, be prescribed: Prohibition of use of fishing vessels in comravcn lion of any order made under section 4. Licensing of fishing vessels. Prohibition of fishing using fish ing vessels which are not licensed. Cancellation suspension and amendment of licence. Rcgistra lion of fishing vessels. Provided that different fees, and different amounts by way of security, may be prescribed in respect of licences for different classes of fishing vessels, (6) A licence granted under this section shall be valid for the period specified therein or for such extended period as the authorised officer may think fit to allow in any case, 7, No person shall, after the commencement of this Regulation, carry on fishing in any specified area using a fishing vessel, which is not licensed under section 6: I Provided that nothing in this section shall apply to a fishing vessel which was being used for fishing imrncdintcly before the t:OIHI11CnCcmcnt of this Regulation. (or such perioo ua may be specified by the Administrator, by notification in the Official Gazette. 8. (1) If the authorised officer is satisfied, either on a reference made 10 him in this behalf or otherwise, that (a) a licence granted under sec lion 6 has been obtained by misrepresentation as to an essential fact; or (b) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted nr has contravened any of the provisions of this Regulation or any order or rule made thereunder, then, without prejudice to any other penally to which the holder of the licence may be liable under this Regulation, the authorised officer may, after giving the holder of the licence a reasonable opportunity of showing cause, and being heard, cancel or. suspend the licence or forfeit the whole or any part of the security, if any, furnished for the due performance of the conditions subject to which the licence has been granted, (2) Subject to any "lies that may be made in this behalf, the authorised officer may also vary or amend a licence granted under section 6. 9. (/) No owner of a vessel 'other than a fishing vessel registered under section ) 1 of the Marine Products Export Development Authority Act, 1972, shall use or cause to 13 of 1972 be u~le~for purposes of fishing in the Union territory uf Lakshadwccp, unless such vesseY.'. registered '!S a Qshi~g vessel under this Regulation. I Ji " " ""':>vv " ','~.,, ~1,., (2) Every application for registration of a vessel as a fishing vessel shall be made by the owner thereof to the authorised officer in such form and in such{ipanner and shall be accompanied by such fees, as may be prescribed,- " I (Ii) before the expiration of three months from the date ori'Wfiich he first became the owner of such vessel; or (b) before the expiration of six months from the commencement of this· Regulation, whichever is later: Provided that the authorised officer may, for reasons to be recorded in writing extend the time limit for registration by such period or periods not exceeding six months at a lime, as he may think fit. (3) The authorised officer shall as!'iign a rcgfstnuiou number to the vessel and issue 10 the owner of rile vessel n:gi:;tcrcd by him n ccrtificnto of rcgtstreuon in the prescribed form and shall enter in a rcgtstcr to be kept by him, in such form as may be prescribed. the particulars of such certificate: . Provided that the authorised officer may, for sufficient reasons to be recorded in wriling, rcfuvc to register tbe vessel, (4) Registration once made shall continue to be in force u.itil it is cancelled by (he authorised officer: Provided that where a vessel is required to hold a ccrtificarc to be issued by lhe Mercantile Marine Department of the Central Government for operation, such vessel shall hold such certificate. (5) Every vessel registered under this section shall carry the registration mark assigned to it by the authorised officer displayed at a conspicuous place on the vessel in the prescribed manner. (6) No vessel, other than a registered fishing vessel, shall be entitled to apply for a licence under section 6. 10. Where a registered fishing vessel moves from the area of one Island port to the area of another Island port, for use in that area the owner of such fishing vessel shall give infonnation to that effect, in the prescribed manner, to the authorised officer by whom such fishing vessel was registered and also 10 the port Authority having jurisdiction over the area (0 which such fishing vessel moves. II. (1) Every owner of a registered fishing vessel shall furnish to the authorised officer at such intervals and in such manner. such returns as may be prescribed. (2) The authorised officer may at any time enter upon and inspect any registered fishing vessel to verify the accuracy of any return made under sub-section (1). 12. (1) Any person aggrieved by an order of the authorised officer refusing 10 grant licence for a fishing vessel or cancelling. suspending. varying or amending such licence or refusing to register a vessel or cancelling the registration of such vessel m:1y...d;bill thirty days from the date on which (he order is COHIfUUJIicatc:d (0 him, prefer all appca! to such authority, not below the rank of Secretary to the Administration, as may be prescribed (hereafter in this section referred 10 as the adjudicating officer): Provided that the adjudicating officer may entertain the appeal after the expiry of the .~aid period of thirty days if he is satisfied that the appellant was prevented by sufficient C<lU!;.C frum tiling the appeal in time. (2) On receipt of an appeal under sub-section (1), the adjudicating officer shall, after giving the appellant a reasonable opportunity of being heard, pass such orders thereon as he deems fit as expeditiously as possible, and in any case before the expiry of three months from the date of appeal. CHAPTER III PENALTlES 13. The authorised officer may, if he has reason to believe thal any fishing vessel is being, or had been, used in contravention of any of the provisions of this Regulation, or of any order or rule madc thereunder or any of the conditions of the licence. enter and search such vessel and impound such vessel and seize fish found in it. 14. (1) The authorised officer shall keep the fishing vessel, "impounded under section 13, in such place and in such manner as may be prescribed. (2) In the absence of suitable facilities for .the storage of the fish seized, the information to be given tv autho rised officer about move ment of fishing vessels. Returns to be furnished by owner of registered fishing vessel. Appeal against ,'rd"l .ctusiug grant of licence, registra tion,' etc . Power to enter and search fishing vessels. Disposal of seized fish. Adjudica tion. Penally. Consti tution of Appellate Boards and appeal 10 Appellale Board. aUlhorised officer may, if he is of the opinion that the disposal of such fish is necessary, dispose of such fish and deposit the proceeds thereof ;11 the prescribed manner in the office of the adjudicating officer, 15.(1) Where any authorise': officer, referred to in section 13. has reason to believe that any fishing vessel is being, or has been. used in contravention of any of the provisions ~f this Regulation, or any order or rule made thereunder of any of the conditions of the licence, he shall make a report thereof to the adjudicating officer. (2) The adjudicating officer shall hold an inquiry. into the matter mentioned in the report, in the prescribed manner, after giving all the parties concerned a reasonable opportunity of being heard. t 16. (I) The adjudicating officer. shall, after the Inquiry under sub-section (2) of section 15, 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 Regulation, 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 . (0) ten thousand rupees, if the value of the fish involved is one thousand rupees or less; (h) len times the value of the fish, if the value of the fish involvcd!s more than one thousand rupees; or (e) five thousand rupees, in any other case. being a 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 officer may direct U1at (0) the registration certificate of the fishing vessel which has been used, or caused or allowed to be used. in the rnunncr referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be- . (i) cancelled or revoked, as the case may be; or (ii) suspended for such period us Ihe adjudicating officer deems fit: or (b) the fishing vessel or fish which may be impounded or seised, as the case may be, under section 13 shall be forfeited to the Administration: OJ'. Provided that no Iixhing vessel shall be foricitcd under e1fiilSCltb), if the adjudicating officer after hearing the owner of such vessel or any person claiming any right thereto is safi~ried that the owner or such person had exercised due care and caution for lhe prevention of the commission of such offence. 17. (I) The Administrator may. by notification in the Official Gazeue, constitute one or more Appellate Boards. (2) Every Appellate Board shall consist of Ihree members of whom one shall be a person who is. or has been. an officer not below the rank of SUb-judge who shall be appointed as the Chairperson of the Appellate Board and the other members shall be persons having expertise in fisheries or law and such other qualifications as may bc prescribed. (3) The fees and allowances payable to the Chairperson and other members of the Appellate Board shall be such "S may be prescribed. (4) Where only one Appc.llatc Ilnard i!l crmxtitutcd. that J\ppcllalc Board shall have jurlsdicliol·t throughout the Union territory of Lukshadwccp nod where more them one Appellate Board is constituted by the Administrator, the Administrator may. by notification in the Official Gazelle. define the area of jnnsdicticn of each Appellate Board, (5) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the' date of which the order is. communicated, prefer an appeal (0 the Appellate Board, having jurisdiction to hear such appeal: Provided that the Appellate Board may entertain any appeal after the expiry of the said period of thirty days of communication of the order but not after the expiry of sixty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filjng the appeal in time. (6) No appeal under this section shall be entertained by the Appellate Board unless the appellant has, at the time of filing the appeal, deposited half of the amount of penalty payable under the order appealed against: Provided that, on an application made by the appellant in this behalf. the Appellate Board may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing," dispense with such deposit either unconditionally Of subject to such conditions as it may deem fit to impose. (7) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such inquiry as it deems fit, and after giving the parties concerned a reasonable upportunity uf being heard, confirm, modify or Set aside the order appealed against and the decision of the Appellate Board shall he final; and (n) if the sum deposited by way of penalty under sob-section (5) exceeds the penalty directed to be paid by the Appellate Board, the excess amount, or (b) if the Appellate Board sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant. IS. The Appellate Board may call for "and examine the records of any order passed by an adjudiealing officer under section 16 and. against which no appeal has been preferred under sub-section W of section 17 for the purpose of satisfying itself as to the legality or propriety of sITe:; order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit: Revision by Appellate Board. S of 1908. 2 of 1974. Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter. '"19, (1) The adjudicating officer and the Appellate Board shall, while holding an ~wers of inquiry, have all the powers of a civil court onder the Code of Civil Procedure, 1'!Qll ,!he adjudi while trying a suit, in respeel of the following matters, namely: "'cating officer and .(0) summoning and enforcing the attendance of witnesses; the Appellate (b) requiring the discovery and production of any document; Board. (c) requisitioning any public record.or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing cc.nrnissions for the examination of witnesses or documents. (2) The adjudicating officer and the Appellate Board, shall be deemed to be civil courts for the purposes of section 345 and 346 of the COLle of Criminal Procedure, 1973. (3) The Appellate Board shull no! be bound by the procedure laid down in the Code Offences by companies. of Civil Procedure, 190B. but shall be guided by the principles of natural just ice and 5 of 1\ subject to the other provisions of this Regulation and the rules made by the Administrator, the Appellate Board shall regulate its. own procedure 20,(1) Where an offence under this Regulation has been ccunuiued, by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company" as weJl 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 render any such person liable 10 any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1). where any offence under this Regulation has been committed with the consent or connivance of. or is attributable \0 any neglect on the part of, any director, manager, secretary or other officer. such director. manager. secretary or other officer shall be deemed 10 be guilty of Ihal offence and shall be liable to be proceeded against and punished accordingly. £.xplallatiolJ.-For the purposes of this scction, (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to ,\ firm, means a partner in the firm. CHAPTER IV MISCELLANEOUS Exemptions. 21.(1) Nothing contained in this Regulation shall apply to survey vessels belonging to the Central Government or the Administration, (2) If the Administrator is of the opinion that, having regard to the purposes of this Regulation, it would not be ill the public interest to apply all or any of the provisions , of this Regulation to any class or classes of fishing vessels or any specified area or specified areas. he may. by notification in the Official Gazette, exempt. subject to such conditions as he may think fit to impose such class or classes of fishing vessels used for fishing in such specified mea or specified areas, as he may specify in the notification, from the ope-anon of all Of any of the pro visions of lhis Regulation: Provided thnt no notification issued under this sub-section sh<111 remain in force for more than six months at a time. Protection of action taken in good faith. Power to make rules. 22. (1) No suit, prosecution or other legal proceeding sh~I~;. lie against the Administrator or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Regulation or a~~rdcr or rule made HitreunJer. (2) No sui; or other legal proceeding shall lie against the Administrator 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 Regulation or any order or rule made thereunder. 23.(1) The Administrator may. by notification in the Official Gazette. make rules for carrying out the provisions of this Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such ". ulcs rnny provide for all or any uf the following matters, namcly: ((I) the matters to which regard shllil he had in making an order under sub section (I) of section 4; (b) the form of the application for licence onder sub-section (I) of section 6, the particulars which it shall contain and the fees which shall accompany il; (c) the matters to which regard shall be had in granting or refusing a licence, under clause (<1) of sub-section (4) of section 6, tile fees payable for the licence and the 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 amending such licence or in registering a '. ·vessel under section 9 or cancelling such registration; (e) the form of the application for registration of a vessel as a fishing vessel, the manner of making soch application and the fecs which shall accompany the application under sub-section (2) of section 9, the form of certificate of registration and the form of the register referred to in sub-section (3) of that section and the manner in which the registration mark referred to in sub-section (4) of that section shall he displayed; (j) the manner in which the information referred to in section 10 shall be given: (g) the time and manner in which the returns referred to in sub-section (1) of section II shall be furnished; (Ii) the authority to whom appeals shall be preferred under sub-section (I) of section 12; (I) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (1) of section 14 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the adjudicating officer under sub section (2) of that section; (j) the procedure of the inquiry by the adjudicating officer under sub-section (2) of section 15; (k) the qualifications of the members of the Appellate Board other than the Chairperson under sub-section (2) of section 17; (I) the fees and allowances payable to the Chairperson and other members of the Appellate Board under sub-section (3) of section 17; . (ur) the procedure of the Appellate Boord under sub-section (3) of section 19; (/) the fees payable for the supply of copies of documents or orders or for any other purpose or matter involving the rendering of any service by any officer or authority under this Regulation; (m) any other matter which is to be, or may be provided for by rules under this Regulation. (3) Every rule mode under this Regulation shall be bid, a, soon as may be after it is made, before each House of Parliament while it is in session, for a total 'period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session inuncdiutcly following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so. however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. K.R: NARAYANAN, President.! SUDHASII C. JAIN, Seey. to the Govt. of India. Corrigenda In the Indian Council of WorldAffairs Ordinance, 2000 (Ord. 3 of 2000) as published in the Gazette of India, Extraordinary, Part II, Section I, dated the 1st September, 2000 (Issue No. 43), 1.At page. 5, (i) in line 6,for "standing committee", read "standing committees"; (ii) in line 7,for "power of discharging", read "power or discharging"; (iii) in Hue 39,fvr "bcncfications,". read "benefactions,". 2. At pflg{~ 6, in Hue 31,Jor "Government fl,ldy", read "Governing Body". 3. At page 7, in line 1, for "may extended", read "may extend". Corrigenda In the Finance (No.2) Act, 1996 (33 of 1996) as published in the.Gazette of India, Extraordinary, Part II, Section 1, dated the 28th September, 1996 (issue No. 62), at page 52, in line 39,fvr "10%'\ read "12%"; at page 59. in line 9,for "6M.M.", read "6MM".