KARNATAKA MARINE FISHING (REGULATION) ACT, 1986
24 of 1986
28th May, 1986
An Act to provide for the regulation of fishing by fishing vessels in the sea along the coastline of the State. Whereas, it is expedient to provide for the regulation of fishing vessels in the sea along the coastline of the State; Be it enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic of India as follows:
CHAPTER 1 Preliminary
Section1 Short title and commencement
(1) This Act may be called the Karnataka Marine Fishing (Regulation) Act, 1986.
(2) It shall come into force on such date as may be notified by the Government.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Arbitrator" means an officer not below the rank of a Deputy Director of Fisheries, authorised by the Government in this behalf, by notification in the Official Gazette, to exercise the powers conferred on and discharge the duties imposed upon the arbitrator by this Act for such area or areas as may be specified in the notification;
(b) "Appellate Authority" means the Appellate Authority appointed by notification by the Government;
(c) "Appellate Board" means an Appellate Board constituted under Section 15;
(d) "Authorised Officer" means an officer not below the rank of an Assistant Director of Fisheries, authorised by the Government in this behalf, by notification in the Official Gazette to exercise the powers conferred on, and discharge the duties imposed upon the authorised officer;
(e) "Fishing Vessel" means ship or boat, whether or not fitted with mechanical means of propulsion, which is exclusively engaged in seafishing for profit and includes a country craft and can be engaged in sea fishing;
(f) "Government" means the State Government;
(g) "Port" means the space within such limits as may from time to time be defined by the Government, by notification in the Official Gazette for the purposes of this Act;
(h) "Registered fishing vessel" means.
(i) a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972); or
(ii) a fishing vessel registered under any other Central or State Act for the time being in force; or
(iii) a fishing vessel registered under Section 8;
(i) "Specified area" means such area in the sea along the entire coastline of the State, but not beyond territorial waters, as may be specified by the Government, by notification and different areas may be specified for different purposes or for different periods.
(j) "State" means the State of Karnataka and includes the territorial waters along the entire coastline of the State.
CHAPTER 2 Regulation of fishing
Section3 Power to regulate, restrict or prohibit certain matters within specified area
(1) The Government may, having regard to the matters referred to in sub-section (2), by notification, regulate, restrict or prohibit.
(a) the fishing in any specified area by such class or classes of 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 (1), the Government shall have regard to the following matters, namely.
(a) the need to protect the interests of different sections of persons engaged in fishing particularly those engaged in fishing using traditional fishing craft such as country craft or canoe;
(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; and
(d) any other matter that may be prescribed.
Section4 Prohibition of use of fishing vessel in contravention of any order made under Section 3
No person including the owner or master of a fishing vessel shall use, or cause or allow to be used, such fishing vessel for fishing in any manner which contravenes an order made under Section 3:
Provided that nothing in such order shall be construed as preventing the passage of any fishing vessel from, or to, other shore, through any specified area to, 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 person who engages in fishing in the specified area by using any fishing vessel.
Section5 Licensing of fishing vessels
(1) The owner of a registered fishing vessel may 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 (1), shall be in such form, contain such particulars and be accompanied by such fees, as may be prescribed.
(3) The authorised officer may, after making such enquiry as he deems fit and having regard to the matters referred to in sub-section (4), either grant or refuse to grant, to the owner of a registered fishing vessel, a licence for using such fishing vessel for fishing in the specified area or specified areas mentioned in such licence.
(4) In granting or refusing licence under sub-section (3), the authorised officer shall have regard to the following matters, namely.
(a) the condition of the fishing vessel including the accessories and fishing gear with which it is fitted;
(b) any order that may be made under Section 3;
(c) any other matter that may be prescribed.
(5) A licence granted under this section shall be in such form and be subject to such conditions including conditions as to payment of such fees and furnishing such security for the due performance of the conditions as may be prescribed:
Provided that different fees and different amounts by way of security, may be prescribed in respect of licences for different classes of fishing vessels.
(6) A licence granted under this section shall be valid for a period of three years and may be renewed for a similar period on payment of the fee specified under sub-section (5).
Section6 Prohibition of fishing using fishing vessels which are not licensed
No person shall after the commencement of this Act carry on fishing in any specified area using a fishing vessel which is not licensed under Section 5:
Provided that nothing, in this section shall apply to any fishing vessel, which was being used for fishing immediately before the commencement of this Act for such period as the Government may by notification specify.
Section7 Cancellation, suspension and amendment of licence
(1) If the authorised officer is satisfied, either on a reference made to him in this behalf or otherwise, that.
(a) a licence granted under Section 5 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 or has contravened any of the provisions of this Act or any order or rule made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the authorised officer may, after giving the holder of the licence a reasonable opportunity of showing cause, cancel or suspend the licence or forfeit the whole or any part of the security if any, furnished for the due performance of the conditions subject to which the licence has been granted.
(2) Subject to any rules that may be made in this behalf, the authorised officer may also vary or amend a licence granted under Section 5.
Section8 Registration of vessels
(1) The owner of every vessel used or intended to be used for purposes of fishing and kept in the State, not being a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) or a fishing vessel registered under any other Central or State Act for the time being in force, shall register such vessel under this Act.
(2) Every application for registration of such vessel shall be made by the owner of such vessel to the authorised officer, in such form, and shall be accompanied by such fees, as may be prescribed.
(a) before the expiration of two months from the date on which he first became the owner of such vessel; or
(b) before the expiration of six months from the commencement of this Act, whichever is later:
Provided that the authorised officer may, for sufficient reason to be recorded in writing, extend the time limit for making the application by such period as he thinks fit but not exceeding one year.
(3) The authorised officer shall issue to the owner of the vessel registered by him a certificate of registration in the prescribed form and shall enter in a register to be kept by him, in such form as may be prescribed, the particulars of such certificate.
(4) The registration once made shall, subject to sub-section (7), continue to be in force until it is cancelled by the authorised officer.
(5) Every vessel registered under this section shall carry a registration mark, assigned to it by the authorised officer, displayed in the prescribed manner.
(6) No vessel, other than a registered fishing vessel, shall be entitled to a licence under Section 5.
(7) Where the ownership of a registered fishing vessel is transferred, the transferor shall get the vessel registered afresh under sub-section (2).
Section9 Finality of orders under Sections 5, 7 and 8
Every decision of the authorised officer under Section 5, Section 7 or Section 8, granting or refusing to grant licence for a fishing vessel or cancelling, suspending, varying or amending such licence or registering, or cancelling the registration of a fishing vessel shall, subject to any right of appeal under Section 10, be final.
Section10 Appeals
(1) Any person aggrieved by an order of the authorised officer refusing to 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 may within thirty days from the date on which the order is communicated to him prefer an appeal to the Appellate Authority:
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Authority shall, after giving the appellant a reasonable opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.
(3) Every order passed by the Appellate Authority under this section shall be final.
CHAPTER 3 Penalties
Section11 Power to enter and search of fishing vessel, etc
(1) The authorised officer may, if he has reason to believe that any fishing vessel is being, or has been used in contravention of any of the provisions of this Act or any order or rule made thereunder or any of the conditions of the licence, enter and search such vessel and impound such vessel and seize any fish found in it.
(2) The authorised officer shall keep the fishing vessel impounded under sub-section (1), in such place and in such manner as may be prescribed.
(3) In the absence of suitable facilities for the storage of the fish seized, the authorised officer may, if he is of the opinion that the disposal of such fish is necessary, dispose of such fish and deposit the proceeds thereof in the prescribed manner in the office of the arbitrator.
Section12 Arbitration
(1) Where any authorised officer referred to in Section 11, has reason to believe that any fishing vessel is being, or has been, used in contravention of any of the provisions of this Act or any order or rule made thereunder or any of the conditions of the licence, he shall make a report thereof to the arbitrator.
(2) The arbitrator shall hold an enquiry into the matters mentioned in the report, in the prescribed manner, after giving all the parties concerned a reasonable opportunity of being heard.
Section13 Penalty
(1) The arbitrator shall, after the enquiry under Section 12 decide whether any person has used, or caused or allowed to be used, any fishing vessel in contravention of any of the provisions of this Act, or of any order or rule made thereunder or any of the conditions of the licence and any such person, on being found guilty by the arbitrator, shall be liable to such penalty not exceeding.
(a) five thousand rupees, if the value of the fish involved is one thousand rupees or less;
(b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees; or
(c) five thousand rupees, in any other case, being a case not involving any fish, as may be determined by the arbitrator.
(2) In addition to any penalty that may be imposed under sub-section (1), the arbitrator may direct that.
(a) the registration certificate of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be.
(i) cancelled or revoked, as the case may be; or
(ii) suspended for such period as the arbitrator deems fit; or
(b) the fishing vessel or fish that may have been impounded or seized, as the case may be, under Section 11 shall be forfeited to the Government:
Provided that no fishing vessel shall be forfeited under clause (b), if the arbitrator after hearing the owner of such vessel or any person claiming any right thereto, is satisfied that the owner or such person had exercised due care for the prevention of the commission of such offence.
Section14 Constitution of Appellate Board and appeal to Appellate Board
(1) The Government may, by notification in the Official Gazette, constitute one or more Appellate Boards.
(2) The Appellate Board shall consist of three members of whom one shall be a person who is or has been a District Judge, who shall be appointed as the Chairman of the Appellate Board.
(3) Where only one Appellate Board is constituted, that Appellate Board shall have jurisdiction throughout the State, and where more than one Appellate Boards are constituted, the Government may, by notification in the Official Gazette, define the jurisdiction of each such Appellate Board.
(4) Any person aggrieved by an order of the arbitrator may, within thirty days from the date on which the order is made, prefer an appeal to the Appellate Board having jurisdiction to hear such appeal: Provided that the Appellate Board may entertain any appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) No appeal under this section shall be entertained by the Appellate Board unless the appellant has, at the time of filing the appeal, deposited the amount of penalty, payable under the order appealed against:
Provided that on an application made by the appellant in this behalf, the Appellate Board may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing dispense with such deposit either unconditionally or subject to such conditions as it may deem fit to impose.
(6) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such enquiry as it deems fit and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set aside the order appealed against and the decision of the Appellate Board shall be final; and.
(a) if the sum deposited by way of penalty under sub-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.
Section15 Revision by Appellate Board
The Appellate Board may call for and examine the records of any order passed by an arbitrator under Section 13 and against which no appeal has been preferred under Section 14 for the purpose of satisfying itself as to the legality or propriety of such order as to the regularity of the procedure and pass order with respect thereto, as it may think fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.
Section16 Powers of arbitrator and Appellate Board in relation to holding enquiry under this Act
(1) The arbitrator and the Appellate Board shall, while holding an enquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the following matters, namely.
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any Court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examinations of witnesses or documents.
(2) The arbitrator or the Appellate Board shall, while exercising any other power under this Act, be deemed to be a Civil Court for the purpose of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
Section17 Advisory Committee
The State Government may, by notification constitute an Advisory Committee consisting of the Director of Fisheries who will be the Chairman and such other official and non-official members not exceeding fifteen as it considers necessary. The advisory committee shall advise the State Government on the enforcement of the provisions of the Act.
Section18 Contravention by companies
(1) Where an offence under this Act has been committed by a company, every person who, at the time of contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention 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 to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where any contravention under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer such director, manager, secretary or other officer shall be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purpose of this section.
(a) 'Company' means any body corporate and includes a firm or other association of individuals; and
(b) 'Director', in relation to a firm, means a partner in the firm.
CHAPTER 4 Miscellaneous
Section19 Exemption
(1) Nothing contained in this Act, shall apply to survey vessels belonging to the Central Government or any State Government or any public undertaking.
(2) If the Government is of the opinion that, having regard to the purposes of this Act, it would not be in the public interest to apply all or any of the provisions of this Act to any class or classes of fishing vessels used for fishing in any specified area or specified areas, it may, by notification in the Official Gazette, exempt subject to such conditions as it may think fit to impose, such class or classes of fishing vessels used for fishing in such specified area or specified areas, as it may specify in the notification from the operation of all or any of the provisions of this Act.
Section20 Delegation of powers
The Government may, by notification, direct that all or any of the powers conferred on the authorised officer by or under this Act, may, subject to such restrictions and conditions be exercisable also by such other officer, as may be specified.
Section21 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any order or rule made thereunder.
(2) No suit or other legal proceedings shall lie against the Government or any officer or authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order or rule made thereunder.
Section22 Power to make rules
(1) The Government may, by notification and after previous publication make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.
(a) the matters to which regard shall be had in making an order under sub-section (1) of Section 3;
(b) the form of the application for licence under sub-section (1) of Section 5, the particulars which it shall contain and the fees which shall accompany it;
(c) the matters to which regard shall be had in granting or refusing a licence under clause (c) of sub-section (4) of Section 5, the fees payable for the licence or renewal thereof 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 5 or cancelling, suspending, varying or amending such licence or in registering a vessel under Section 8 or cancelling such registration;
(e) the form of the application for registration of vessel under Section 8, the particulars which such application shall contain, and the fees which shall accompany the application, the form of the certificate or registration and the form of the register referred to in sub-section (3) of that section and the manner in which the registration mark referred to in sub-section (5) of that section shall be displayed;
(f) the authority to whom appeals shall be preferred under sub-section (1) of Section 10;
(g) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (2) of Section 11 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the arbitrator under sub-section (3) of that section;
(h) the procedure of the enquiry by the arbitrator under sub-section (2) of Section 12;
(i) the qualifications of the members of the Appellate Board other than the Chairman, the fees and allowances payable to the Chairman and other members of the Appellate Board and the procedure of the Appellate Board;
(j) 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 Act;
(k) any other matter which is to be or may be, provided for by rules under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature 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 in which it is so laid or the session immediately following, 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.
KARNATAKA MARINE FISHING (REGULATION) RULES, 1987
Whereas, the draft of the rules framed under Section 22 of the Karnataka Marine Fishing (Regulation) Act, 1986 (Karnataka Act 24 of 1986) was published in Notification No. AHFF 161 SFM 81 (P II), dated 1. Published in the Karnataka Gazette, dated 22-10-1987, vide Notification No. AHFF 161 SFM 81 (P II), dated 13-10-1987 22nd August, 1987 in Part IV, Section 2-C(i) of the Karnataka Extraordinary Gazette, dated 27th August, 1987 inviting objections and suggestions from all persons likely to be affected within one month from the date of publication in the Official Gazette. And whereas, the said Gazette was made available to the public on 27th August, 1987. And whereas, no objections and suggestions were received. Now, therefore, in exercise of the powers conferred by Section 22 of Karnataka Marine Fishing (Regulation) Act, 1986 (Karnataka Act 24 of 1986), the Government of Karnataka hereby makes the following rules, namely.
Rule1 Short title and commencement
(1) These rules may be called the Karnataka Marine Fishing (Regulation) Rules, 1987.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Marine Fishing (Regulation) Act, 1986 (Karnataka Act 24 of 1986);
(b) "Form" means a form appended to these rules;
(c) "Licence" means a licence granted under Section 5;
(d) "Section" means a section of the Act.
Rule3 Application for Licence
(1) Every application for grant or renewal of licence for fishing vessel shall be made in Form 1 to the authorised officer and shall be affixed with a Court Fee Stamp of the value of Rupee One.
(2) Every application for the renewal of a licence shall be made at least two months before the date of expiry of such licence.
Rule4 Fee for Licence
(1) Fee for grant or renewal of licence in respect of Fishing vessels specified in column (2) of the table below shall be as specified sin the corresponding entries in column (3) thereof.
TABLE
Sl. No.
Class of Fishing Vessel
Amount of Fee
(1)
(2)
(3)
Rs.
1.
Country Fishing Crafts fitted with mechanical means of propulsion
5
2.
Mechanised Fishing Boats up to 8 Metres in length
50
3.
Mechanised Fishing Boats of more than 8 Metres in length but less than 12 Metres in length
75
4.
Mechanised Fishing Boats of 12 Metres and above but less than 18 Metres in length
100
5.
Mechanised Fishing Vessels of 18 Metres and above in length
300
(2) The fee tinder sub-rule (1), shall be paid either in Cash or by a Demand Draft drawn in favour of the Authorised Officer.
Rule5 Grant of Licence
(1) The grant of licence for Fishing Vessels shall be in Form II. It shall be valid for a period of one year.
(2) No licence shall be granted or renewed in respect of any Mechanised Fishing Vessel, unless it is duly insured against all marine risks and the life of every member of the crew of such vessel.
(3) The Authorised Officer shall enter the particulars of the licence granted or renewed in a Register in Form III.
(4) Where the application for the grant or renewal of licence is refused, the authorised officer shall record in writing the reasons for such refusal to grant or renew licence and shall communicate such order to the applicant. The fee paid for grant or renewal of licence shall be refunded to the applicant where such order becomes final.
Rule6 Application for Registration of Fishing Vessel
Every application for registration of a Fishing Vessel under Section 8, shall be in Form IV and shall be accompanied by the fee specified below:
Rule7 Grant of Registration Certificate
(1) On receipt of an application under Rule 6, the Authorised Officer shall after making such enquiry as he deems necessary, register such vessel and grant a Certificate of Registration in Form V.
(2) The authorised Officer shall enter every registration of fishing vessel in a register maintained in Form VI.
(3) Every owner of a registered Fishing Vessel shall display on such vessel the registration mark assigned to it by the authorised Officer.
Rule8 Inspection of Certificate of Registration, issue of duplicate Certificate of Registration etc
The owner of every registered fishing vessel shall carry the Certificate of Registration at all times in the fishing vessel and shall produce such certificate for inspection whenever an officer authorised in that behalf requires it to be produced for inspection. The loss, damage or mutilation as the case may be, of the Certificate of Registration shall be reported to the authorised officer by the owner of such fishing vessel, who shall after being satisfied about such loss, damage or mutilation, issue a duplicate certificate on payment of a fee of Rupees Five in the case of a Mechanised Fishing Vessel and Rupee One in the case of all other Fishing Vessels.
Rule9 Changes in the Certificate of Registration
(1) If the particulars mentioned in the Certificate of Registration are required to be changed, the owner of the fishing vessel, shall apply to the authorised officer in Form VII to make the necessary changes in the Certificate of Registration.
(2)On receipt of the application, the authorised officer shall, after making such enquiries as he deems necessary, effect necessary changes in the certificate of registration by affixing his signature and official seal with date of such change. The changes made shall also be entered in the Register maintained in Form VI.
Rule10 Impounding of Fishing Vessel
A fishing vessel impounded by the authorised Officer under Section 11, shall be kept anchored at the landing centre nearest to the place of seizure or at any other place as maybe directed by the authorised Officer.
Rule11 Disposal of Fish
(1) The fish seized from an impounded fishing vessel shall be preserved provided that the cold storage facilities are immediately available at the place where the fish is seized. If no such facilities are available, then the authorised officer shall dispose it off by auction and deposit the proceeds thereof in the office of the Arbitrator.
(2) The authorised officer shall give to the owner or the crew of the fishing vessel an acknowledgement detailing the quantities and varieties of fish seized and shall keep a duplicate copy of the acknowledgement with him.
Rule12 Adjudication by the Arbitrator
(1) On receipt of a report from the authorised officer under sub-section (1) of Section 12, the arbitrator shall issue a notice to the persons against whom the allegations are made in the report, informing them the nature of allegations made and directing them to file objections and to appear before him on a date and time specified.
(2) The Arbitrator shall, after considering the objections, if any, record his findings on the evidence produced before him.
Rule13 Form of appeal to the Appellate Board
(1) Every appeal against an order of the Arbitrator shall be presented to the Appellate Board either in person or through a Legal Practitioner or a recognised Agent.
(2) Every such appeal shall state the grounds of such appeal and shall be accompanied by a copy of the order appealed against.
(3) The Appellate Board on receipt of an appeal, give notice of such appeal to the persons interested in such appeal and are necessary for disposal of such appeal.
(4) The Appellate Board, may admit additional evidence or remand the case to the Arbitrator for adducing additional evidence on points specified in such remand order.
(5) A Fee of Rupees Fifty in the form of Court Fee Stamp shall be payable in respect of each appeal.
Rule14 Allowance payable to Chairman and Members of the Appellate Board
(1) The Chairman shall be paid an honorarium of Rupees One Hundred per sitting.
(2) Each Member of the Appellate Board shall be paid an honorarium of Rupees Fifty per sitting.
Rule15 Fees payable for certified copies of Orders
(1) A Fee of Rupees Two shall be payable for supply of certified copy of orders passed by any officer or authority under this Act.
(2) The fee shall be paid in the form of Court Fee Stamp.
Rule16 Manner of Service or Publication of Notice as Summons or Order
Service of any notice, summons or order under the Act on any person to whom it is by name addressed shall be effected.
(a) by delivering or tendering the said notice, summons or order to such person; or
(b) if such person is not found by leaving such notice, summons or order at the last known place of residence or business or by delivering or tendering the same to some adult member or servant of his family;
(c) by sending the notice, summons or order by registered post with acknowledgement due;
(d) if none of the means aforesaid is available by affixing such notice, summons or order on some conspicuous part of the premises, if any, in which the persons known to have last resided or carried on business or personally worked for gain or by publishing the same in a daily newspaper having wide circulation in the area.
APPENDIX 1 Form of Application for Licensing of Fishing Vessels
FORM 1
[See Rule 3(1)]
Form of
Application for Licensing of Fishing Vessels
1.
Name
and address of Owner / s
2.
Occupation
of Owner / s
3.
Place
of permanent Residence of Owner / s
4.
Name
of the Fishing Vessel
5.
Registration
No. and Date
6.
Place
of Registration and Agency / Office with which registered
7.
Whether
previously licenced and if so, No. of Licence and period for which licenced
8.
Particulars
of Fishing Vessel.
(a) Length
(b) Breadth
(c) Draft
(d) Make and HP of Engine
(e) Type of Vessel
9.
Place
where constructed
10.
Year
of construction
11.
Whether
the vessel is insured against main risks
12.
If
so, the name of the Insurance Company and the date of Policy or Premium Receipt
and the Period of Validity of Insurance
13.
No.
of Crew.
14.
Whether
the risk of the crew is covered against the accident at Sea.
15.
If
so, the names of Fishermen constituting the crew and the particulars of their
accident insurance.
Name
Period of Validity
Name of Insurance Company,
Premium Receipt or Policy No.
16.
Details
of life saving.
(a) Appliances (Life Jackets No. Life-buoys No. Fire Extinguishers,
Medical Kit) provided in the Vessel
(b) Navigational lights provided
17.
Type
of Fishing Gear proposed to be operated
18.
Period
for which licence is granted
19.
Licence
fee paid, particulars of payment
I / We hereby declare that I/We have understood the provisions of the
Karnataka Marine Fishing (Regulation) Act, 1986 and the rules made there
under and that I / We
shall abide by the Terms and Conditions of the Licence if granted.
Place:
Signature of the Owner / s of the Fishing Vessel.
Date:
(For Office use only)
The application received on.........Licence Fee of Rs........received on........Licence
No........granted on........for the period from..... .to......
Signature of the Authorised Officer.
APPENDIX 2 Licence granted for using fishing vessel for Fishing
FORM 2
[See Rule 5(4)]
Licence
granted for using fishing vessel for Fishing
1.
No.
and dated of Licence
2.
Name
and Address of the person to whom the licence is issued
3.
Particulars
of the fishing vessel licenced
4.
Fishing
gear licenced
5.
Period
for which the licence is issued
6.
Place: Signature
of the Authorised Officer.
Date: Seal
Conditions of the Licence
This licence is granted
subject to the provision of the Karnataka Marine Fishing (Regulation) Act,
1986 and the rules made there under.
Any change in the layout,
design, capacity of the vessel should be effected only with the prior approval
of the Authorised Officer.
Any change in the type
of gear licenced shall be effected only with the prior approval of the Authorised
Officer.
It shall be competent for
the Authorised Officer or any Officer authorized by him to enter the
fishing vessel for the purpose of inspection whether in the waters or on
shore.
This licence is liable
to be cancelled or suspended for failure to comply with the conditions subject
to which the licence has been granted or for contravention of any of the
provisions of the Karnataka Marine" Fishing (Regulation) Act, 1986
and the rules made there under.
The licence is liable
to be cancelled if the vessel is impounded or confiscated for illegal
activities or default under any Central or State Act for the time being in
force or if the vessel and the crew are not insured and the insurance not
kept effective.
APPENDIX 3 Register of licence issued under Section 5 of the Karnataka Marine Fishing (Regulation) Act, 1986
FORM 3
[See Rule 5(3)]
Register of
licence issued under Section 5 of the
Karnataka
Marine Fishing (Regulation) Act, 1986
Licence No. and date Registration No. of the Fishing vessel and the name of the fishing vessel Whether mechanised / if so, the HP of the engine Type of fishing gear (1) (2) (3) (4)
Vessel Insured Crew Insured Signature of the Licensing Officer Period of licence Insurance Period of validity Insurance Period of validity Remarks (5) (6) (7) (8) (9) (10) (11)
APPENDIX 4 Application for Registration of Fishing Vessels
FORM 4
[See Rule 6]
Application for Registration of Fishing Vessels
1.
Name,
occupation and address of the Owner / s in full
2.
Name
of the Fishing Vessel
3.
Particulars
of Registration, if any done previously
4.
Particulars
of Fishing Vessel
(a)
Length
(b)
Breadth
(c)
Draft
(d)
Make
and HP of Engine and No.
(e)
Type
of Vessel
5.
Place
where constructed
6.
Year
of construction
7.
How
and when acquired
8.
Base
of operation
9.
No.
of Crew
10.
Particulars
about the hypothecation or any charge in the fishing vessel
11.
Amount
of fees remitted and mode of remittance
Place:
Date: Signature of the
Owner / s
(For Office use only)
The application received on..........Registration fee of Rs...........
received on.......Registration No......Registration Mark......assigned
on........
Signature of the Authorised Officer.
M. NARAYANA,
Under Secretary to Government,
AHFF Department (Fisheries).
APPENDIX 5 Certificate of Registration
FORM 5
[See Rule 7(1)]
Certificate of Registration
1.
No.
and date of Certificate of Registration
2.
Registration
mark assigned
3.
Name,
Occupation and Address of the person / s to whom the Certificate of
Registration is issued
4.
Particulars
of Fishing Vessel.
(a)
Length
(b)
Breadth
(c)
Draft
(d)
Make
and HP of Engine, and No.
(e)
Type
of vessel
5.
Place
and year of construction
6.
Base
of operation
7.
Particulars
of Hypothecation, Mortgage or other charge on fishing vessel, if any
Conditions
This Certificate of
Registration is granted subject to the provisions of the Karnataka Marine
Fishing (Regulation) Act, 1986 and the rules made there under.
Any change in the
layout, design, capacity of the vessel should be effected only with the
prior approval of the authorised Officer.
Place:
Signature of the
Authorised Officer.
Date: (Seal)
APPENDIX 6 Register of Certificate of Registration Office of the (Authorised Officer)
FORM 6
[See Rule 7(2)]
Register of Certificate of Registration
Office of the (Authorised
Officer)
Sl.No. Registration No. and Date Name, occupation and Address of Owner / s Particulars of Fishing Vessel Length Breadth Draft Type Make and HP of Engine No. (1) (2) (3) (4) (5) (6) (7) (8)
Base of operation Charge or Hypothecation, if any Amount of Fee remitted and mode of remittance Signature of the Authorised Officer (9) (10) (11) (12)
APPENDIX 7 Application for change of Particulars in the Certificate of Registration issued under the Karnataka Marine Fishing (Regulation) Act, 1986
FORM 7
[See Rule 9]
Application for change of Particulars in the Certificate of
Registration issued
under the Karnataka Marine Fishing (Regulation) Act, 1986
Registration
No. of the Fishing Vessel
Change of particulars required
Item No.
Previous
particulars
Proposed
particulars
I/We request
that the change in the particulars as mentioned above, may be accepted and incorporated
in the Certificate of Registration of the said Vessel.
Place: Signature
of the Owner / s of the
Registered Fishing Vessel.
Date: Signature of the New Owner/s of
the"
Registered Fishing Vessel
(If the change of Ownership is proposed). |
