LexThe Gujarat Fisheries Act, 2003
Gujarat · state statute
Open in Lexace · Ask the AI about this act1 GUJARAT ACT NO. 8 OF 2003. THE GUJARAT FISHERIES ACT, 2003. CONTENTS SECTIONS PARTICULARS Page No CHAPTER I. PRELIMINARY. 1. Short title, extent and commencement. 1 2. Definitions. 1 CHAPTER II. PROTECTION OF FISH. 3. Prohibition against destruction of fish by explosive. 3 4. Prohibition against destruction of fish by poisoning of water. 3 5. Prohibition against introduction of exotic fish. 3 6. Power to make rules to protect fish. 3 CHAPTER III. REGULATION OF FISHING IN SPECIFIED AREA. 7. Powers to regulate, restrict or prohibit certain fishing activities within specified area. 4 8. Prohibition of use of fishing vessels in contravention of notification issued under section 7. 5 9. Prohibition of using fishing vessels which are not licensed. 5 10. Licensing of fishing vessels. 5 11. Cancellation, suspension and amendment of License. 6 12. Registration of Vessel. 7 13. Permission for operating vessel for the area other than specified in certificate of registration. 8 14. Returns to be furnished by owner of registered fishing vessel. 8 15. Powers of Enforcement Officer. 8 16. Finality of orders. 9 CHAPTER IV. APPEALS AND REVISION. 17. Appeal. 9 18. Application of sections 4 and 12 of Limitation Act 1963. 9 19. Revision. 9 20 Bar of jurisdiction of civil courts. 10 CHAPTER V. OFFENCES AND PENALTIES. 21. Offences and penalties. 10 22. Offences by Companies. 11 23. Cognisance of offences. 11 CHAPTER VI. FISHERIES TERMINAL AUTHORITY. 24. Constitution and composition of Fisheries Terminal Authority. 12 25. Functions of Authority. 12 26. Amount to be charged for providing services. 13 2 CHAPTER VII. MISCELLANEOUS. 27. Exemption. 13 28. Members, officers and employees to be public servants. 13 29. Protection of action taken in good faith. 13 30. Power to make rules. 14 31. Repeal. 15 ______________________________ 3 The following Act of the Gujarat Legislature, having been assented to b y the Governor on the 11 th March, 2003 is hereby published for general information. V.M.KOTHARE, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO.8 OF 2003. (First published, after having received the assent of the Governor in the “Gujarat Government Gazette’, on the 12th March, 2003). AN ACT to provide for protection, conservation and development of fisheries in inland and territorial waters of the State of Gujarat and for regulation of fishing in the inland and territorial waters along the coast line of the State and for matters connected therewith or incidental thereto. It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. (1) This Act may be called the Gujarat Fisheries Act, 2003. (2) It extends to the whole of the State of G ujarat, including the territorial waters along the coastline of the State. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,- (a) "Adjudicating Officer" means such fishery officer not below the rank of Deputy Director of Fisheries, as the State Government may appoint for the purpose of section 17; (b) "biological specimen" means any living or dead organisms; (c) "Enforcement Officer" means s uch fishery officer as the State Government may appoint for the purpose of section 15; (d) "Exotic fish" means all species of fish of any country other than India; (e) "fish" means any aquatic animal and aquatic vegetation in a ll stages of their life span; Short title, extent and commencement. Definitions. 4 (f) "Fishery Officer" means an officer appointed b y the State Government to be Fishery Officer for the purposes of this Act and includes an officer appointed to e xercise the po wers and pe rform functions of the Fishery Officer; (g) "fishing vessel" means any type of fishing crafts whether or not fitted with mechanical device for propulsion, which is engaged in fishing; (h) "fishing g ear" means any net, cage, t rap o r other contrivance used for fishing; (i) "Licensing Officer" means such fishery officer, not below the rank of Superintendent of Fisheries, as the State Government may appoint for the purpose of section 10; (j) "mariculture" means the culture of f ish on the margin of sea in territorial waters; (k) "Fishing Harbour" means the place such as port, harbour, wharf, pier, dock, jetty and landing place where landing or berthing facilities have been provided for fishing vessels and their adjoining areas s et apart for r epair yards, f uel and ice supply installations, auction hall, fish processing plant and within such limits as may be specified by the State Government from time to time; (l) "prescribed" means prescribed by rules made under this Act; (m) "private water" means water- (i) which is the exclusive property of any person, or (ii) in which an y person has for the time being an exclusive right of fishing whether as owner, lessee or in any other capacity; Explanation :- Water shall not cease to be "private water" within the meaning of this definition by reason only that other persons may have by custom a right of fishing therein; (n) "registered fishing vessel" means a fishing vessel registered under section 12; (o) "Registration Officer" means such fishery officer as the State Government may appoint for the purpose of section 12; (p) "specified area" means the area of specified inland water or the territorial water as the State Government may, by notification in the Official Gazette, specify; (q) "specified inland water" means such inland water as the State Government may, by notification in the Official Gazette, specify; (r) "territorial waters" in relations to the State of Gujarat means any part of the op en sea adjoining the coast of the State within a distance of twelve nautical miles measured in accordance with sub- 5 section (2) of section 3 of the Territorial Waters, Continental Shelf- Exclusive Economic Zone and other Maritime Zones Act, 1976. CHAPTER II PROTECTION OF FISH 3. No person shall use any dynamite or other explosive substance in any water with intent thereby to catch or destroy the fish therein. 4. (1) No pe rson shall put any poison, lime o r noxious materials into any water with intent thereby to catch or destroy any fish therein. (2) The State Government may, by notification in the Official Gazette, suspend the operation of sub-section (1) in any specified area and may in the like manner modify or cancel any such notification. 5. No pe rson shall introduce an y exotic fish in any water with intent thereby to destroy any fish therein. 6. (1) The State Government may, by notification in the Official Gazette, make rules for any water other than private waters for all or any of the following matters, namely:- (a) Prohibiting or regulating:- (i) the erection or use of fishing gear, (ii) the construction of weirs, dam and bunds, (iii) the release of any industrial waste sewage or effluent to the inland waters which may harmful to species of f ish o r the food of fish. (b) regulating the dimension and the kind of nets to be used and the mode of using them; (c) prohibiting all fishing in the specified waters for a period not exceeding two years; (d) prohibiting the use of any gun, spear, arrow or the like in an y water, with intent thereby to take or destroy any of the fish therein; (e) prohibiting introduction of any kind of fish which may be harmful to species of fish, without obtaining prior permission; (f) regulating any fishery in inland waters; (g) to lease out public water resource for a specified period and to charge fees for such lease; 80 of 1976. Prohibition against destruction of fish by explosive. Prohibition against destruction of fish by poisoning of water. Prohibition against introduction of exotic fish. Power to make rules to protect fish. 6 (h) regulating the standard of sale of fish spawn, fry, fingerling and yearling; (i) prohibiting the fishing and marketing o f the fish during closed season. Explanation .– For the purpose of this clause, the 'closed season' means such period as the State Government may, by notification in the Official Gazette, specify. (2) In making rules under this s ection, t he State Government may provide for – (i) the seizure, forfeiture and removal of f ishing g ear erected or used in contravention of the rules, (ii) the forfeiture of any fish taken by means of any such fishing gear, and (iii) the forfeiture of f ish taken o r sold du ring the pe riod specified in clause (i) of sub-section (1). (3) The State Government may, by notification in the Official Gazette, apply such rules or any of them to any private water with the consent, in writing, of the o wner thereof and of all persons having for the time being any exclusive right of fishery therein. CHAPTER III REGULATION OF FISHING IN SPECIFIED AREA 7. (1) The State Government may, having regard to the matters referred to in sub-section (2), by notification in the Official Gazette, regulate, restrict or prohibit in any specified area,- (a) the fishing by such class or classes of fishing vessels and for such period as may be specified in the notification; (b) the catching of such species of fish and for such period as may be specified in the notifiction, (c) the u se of such fishing g ears as may be specified in the notification, (d) the mariculture, (e) the collection of biological specimen, and (f) the number of fishing vessels which may be used for fishing. (2) In issuing a no tification u nder sub-section (1), t he State Government shall have regard to the following matters, namely:- (a) the n eed to p rotect t he interest of different sections of persons engaged in fishing, particularly of those engaged in fishing Powers to regulate, restrict or prohibit certain fishing activities within specified area. 7 by use of traditional fishing craft such as catamaran, country craft or canoes, (b) the need to conserve fish and to regulate fishing on scientific basis, (c) the need to maintain law and order in the sea and on shore, and (d) any other matter, that may be prescribed. 8. No owner or master of a fishing vessel shall use or cause or allow to be u sed, a fishing vessel for fishing in contravention of the notification issued under section 7: Provided that nothing in such notification shall be construed as preventing the p assage of any fishing vessel from or to the shore through an y specified a rea to o r from any area o ther than specified area, for the purpose of fishing in such other area or for any other purpose: Provided further that the pa ssing o f such fishing vessel through an y specified area shall not in a ny manner cause any damage to any fishing nets or tackles belonging to any person who engages in fishing in the specified a rea by using any traditional fishing craft such as catamaran, country crafts or canoe. 9. No fishing vessel which is not licensed under section 10 shall, after the date of commencement of this Act (hereinafter referred to as "the said date"), be used for fishing in any specified area: Provided that nothing in this section shall apply to any fishing vessel existing on the said date for a period of six months from the said date or such longer period as the State Government may, by notification in the Official Gazette, specify. 10. (1) An owner of a fishing vessel may make an application to the Licensing Officer for the grant of a licence for using the fishing vessel for fishing in a specified area and for a specified period. (2) Every application under sub-section (1) shall be in such form, contain such particulars and accompanied by such fees, as may be prescribed. (3) The Licensing Officer may, after making such inquiry as he deems fit and having regard to the factors specified in sub- section (4), either grant or refuse to grant to the owner of the fishing vessel, the licence for fishing in the specified area mentioned in the licence: Prohibition of use of fishing vessels in contravention of notification issued under section 7. Prohibition of using fishing vessels which are not licensed. Licensing of fishing vessels. 8 Provided that no licence shall be granted in respect of a fishing vessel which is not registered under section 12: Provided further that, no licence shall be refused in respect of a fishing vessel unless the owner of the fishing vessel is given a reasonable opportunity of being heard. (4) In granting or refusing licence under sub-section (3), the L icensing o fficer shall have regard to the following factors, namely:- (a) whether the fishing vessel i s a registered fishing vessel, (b) the condition of t he fishing vessel including accessories and fishing gear with which it is fitted, (c) any notification issued under section 7, (d) whether the specified pe riod is mentioned in the application, and (e) any other factors that may be prescribed. (5) A licence under this section shall be granted in such form, on such terms and conditions and on payment of such fees, as may be prescribed. (6) A licence granted shall be valid for a pe riod of three years from the date on which it is granted unless it is s uspended o r cancelled earlier and may be renewed from time to time for a period of three years on payment of such fees as may be prescribed. 11. (1) If t he L icensing Officer is s atisfied e ither on a reference made to him in this behalf or otherwise, that- (a) a licence granted under section 10 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 any of the condition subject t o which the licence has been granted or has contravened any of the provisions of this Act or the rules made or any notification issued thereunder, then without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the Licensing Officer may, after giving the ho lder of the licence a reasonable opportunity of being heard, suspend or cancel the licence. (2) Subject to an y rules that may be made in this behalf, t he Licensing Officer may v ary or amend a licence granted under section 10. Cancellation, suspension and amendment of License. 9 12. (1) The owner of every vessel used or intended to be u sed for the purpose of fishing and kept in the State shall get his vessel registered under this section. (2) (a) Every application for registration of a vessel shall be made b y the owner of such vessel to the Registration Officer in such form, containing such pa rticulars and a ccompanied b y such fees as may be prescribed. (b) the owner of such vessel shall state in the application the po rt or fisheries harbour from which he intent t o operate h is vessel. (3) An application for registration of a vessel under sub-section (2) shall – (a) in the case of a vessel existing on the da te of the commencement of this Act, be made within three months from the said date, and (b) in the case of any other vessel, be made by the owner thereof within o ne month from the da te he becomes the owner thereof. (4) The Registration Officer may entertain an application made after the period specified in sub-section (3) if the applicant satisfies the Registration Officer that he had sufficient cause for not making the application within the said period. (5) (a) The Registration Officer may, after m aking such inquiry as he deems fit, either grant or refuse to grant to the owner of vessels a certificate of registration. (b) The certificate of registration be in such form and on such terms and conditions as may be prescribed. (c) The Registration Officer shall specify in the certificate of registration, the port or fisheries harbour from which the owner of vessel is to operate his vessel. (d) The pa rticulars of certificate of registration shall be entered in the register to be kept in such form as may be prescribed. (6) The certificate of registration granted under sub-section (5) shall be valid for a period of five years from the date on which it is issued, unless it is c ancelled ea rlier, and may be renewed from time to time for a period of five years on payment of such fees as may be prescribed. (7) Every vessel registered under this section shall be assigned a registration mark by the Registration Officer which shall be displayed on the vessel in such manner as may be prescribed. Registration of Vessel. 10 13. (1) No o wner of a vessel registered unde r section 12 shall operate h is vessel from any port of f ishery harbour other than that specified in the certificate of registration issued to h im except with the previous permission of the Registration Officer. (2) (a) An owner of a registered fishing vessel, who intent to operate his vessel from a port or fishery harbour other than the port or fishing harbour specified in the certificate of registration issued to him, may made an application for permission to so o perate h is vessel, stating in the app lication the name of the port or fishery harbour from which and the period for which he intent to operate his vessel. (b) On receipt of an application u nder clause (a), t he Registration Officer may, by an order either grant or refuse to grant the permission. (c) The Registration Officer may, by an o rder, terminate the permission g ranted u nder clause (b) before the e xpiry of the period for which it was granted: Provided that the Registration Officer shall not refuse the permission under clause (b) or terminate permission under clause (c) unless the o wner of the registered fishing vessel i s given a reasonable opportunity of being heard. 14. (1) Every owner of a registered fishing vessel shall furnish to the Registration Officer r eturns of fishing in such forms, f or such pe riod, by such dates and in such manner, as may be prescribed. (2) The Registration Officer may inspect any registered fishing vessel at any time to verify whether the returns furnished under sub-section (1) are correct and complete. 15. If the Enforcement Officer has reasons to believe that any fishing vessel is being or has been used in contravention of any of the provisions of this Act, or of any rule o r order made o r any notification issued thereunder or of any condition of the license issued under section 10, then he may – (i) enter and search such vessel and impound such vessel and seize any fish found in it, (ii) keep the impounded fishing vessel in such place and in such manner as may be prescribed, (iii) dispose of the fish so seized and deposit the proceeds there of in such manner as may be prescribed, and (iv) make a report of the contravention to the Court if the offence is punishable under clause (b), (c), (d) or (e) of sub-section (1) of Permission for operating vessel for the area other than specified in certificate of registration. Returns to be furnished by owner of registered fishing vessel. Powers of Enforcement Officer 11 section 21 and in other cases, to the Police Officer in charge of a police station. 16. Every decision of t he L icensing Officer under section 1 0 for granting or refusing to grant a licence for a fishing vessel or under section 11 for suspending, cancelling, varying or amending such licence a nd every decision of the Registration Officer under section 12 for registering or cancelling registration o r under section 13 for granting or r efusing to grant permission o r terminating permission shall, subject t o any appeal under section 17, be final. CHAPTER IV APPEALS AND REVISION 17. (1) Any person aggrieved by the order of:- (a) the L icensing Officer under section 10 refusing to grant a licence for a fishing vessel or under section 11 suspending, cancelling, varying or amending a licence g ranted for a fishing vessel, or (b) the Registering Officer under section 12 refusing to grant the registration of vessel or cancelling the registration of vessel or under section 13 refusing permission to operate vessel at other port or fishing harbour or terminating such permission may, within thirty days from the d ate on which the o rder is c ommunicated to h im, prefer an appeal to the Adjudicating Officer: Provided that the Adjudicating Officer m ay entertain a n appeal after the expiry of the period of thirty days, if the appellant satisfies the Adjudicating Officer that he had sufficient cause for not preferring an appeal within such period. (2) On receipt of an ap peal under sub-section (1), t he Adjudicating Officer shall after giving the appellant a reasonable opportunity of being h eard, pass such o rder in the appeal as he deems just and proper. 18. In computing the period laid down in section 17, the provisions of sections 4 a nd 12 of the L imitation Act, 1963 shall, so far as may be, apply. 19. (1) Subject to rules that may be made in this behalf, the State Government may, of its own motion within two years or on an application by an a ggrieved pe rson made to it within on e year from the da te of an Finality of orders. 36 of 1963. Application of sections 4 and 12 of Limitation Act 1963. Revision. Appeal. 12 order passed by an Adjudicating Officer in appeal under section 17, call for and examine the record of any such order and pass such order thereon as it thinks just and proper: Provided that no record of any proceeding o f t he Adjudicating Officer shall be called for – (i) in a case where an appeal lies under section 16 but no appeal has been filed, or (ii) in a case where appeal has been made under section 17 and such appeal is pending. (2) No order shall be passed under this section which adversely affects any person un less such person has been given a reasonable opportunity of being heard. 20. No civil court shall have jurisdiction to deal with o r decide any question which the Fishery Officer, Licensing Officer, t he Registration Officer, t he Adjudicating Officer or, as the case may be, the State Government is empowered to deal with or decide by or under this Act and no injunction shall be granted b y any civil court in respect of any action taken or to be taken in pursuance of any provision of this Act. CHAPTER V OFFENCES AND PENALTIES 21. (1)(a) Whoever contravenes the p rovisions of section 3 , 4 o r 5 shall, on conviction, be punished with imprisonment for a term which may extend to s ix months or with fine no t exceeding ten thousand rupees or with both. (b) Whoever use any fishing vessel for fishing in contravention of section 8 shall, on conviction, be punished with fine not exceeding fifty thousand rupees. (c) Whoever use any fishing vessel which is not licensed for fishing in an y specified a rea in contravention of section 9 shall, on conviction, be punished with fine not exceeding fifty thousand rupees. (d) Whoever operate h is fishing vessel from any port of fishery harbour other than that specified in the certificate of registration in contravention of sub-section (1) of section 13 shall, on conviction, be punished with fine not exceeding twenty thousand rupees. (e) Any person who commits a breach of any of the provisions of the rules or the order made under this Act shall be punishable with fine which may extend to ten thousand rupees and when breach is Bar of jurisdiction of civil courts. Offences and penalties. 13 continuing one, with a daily fine not exceeding one hundred rupees during the period of continuance of such breach. (2) When an offence un der any of clauses (a) to (d) of sub- section (1) is a continuing one, the offender shall be punished with a daily fine not exceeding ten thousand rupees during the period of continuance of such offence. 22. (1) Where an offence under this Act has been committed by a company, every person who a t t ime the offence was c ommitted was in- charge o f, and was responsible to the company for conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such pe rson liable to an y punishment provided in this Act if he p roves that t he offence was committed without his knowledge o r that he exercised a ll due d iligence to p revent t he commission of such offence. (2) Notwithstanding a nything contained in sub-section (1), where an o ffence u nder this s ection has been committed b y a company and it is provided that t he offence has been committed with the consent or connivance of, or is attributable to, any neglect on the pa rt of any director, manager, secretary or other officer of the company, such director, manager, secretary or officer shall also be deemed to be guilty of that offence a nd shall be liable to be proceeded against and punished accordingly. Explanation .– For the purpose of this section – (a)"company" means a 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. 23. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable under clause (a) of sub-section (1) of section 21 o r under any rule made un der section 6 s hall be cognisable. (2) No court shall take cognisance of any offence punishable under clause (b), (c), (d) or ( e) of sub-section (1) of section 21 except on a report in writing made by the Enforcement Officer under section 15. Offences by Companies. 2 of 1974. Cognisance of offences. 14 CHAPTER VI FISHERIES TERMINAL AUTHORITY 24. (1) The State Government may, by order, constitute Fisheries Terminal Authority (hereinafter referred to as "the Authority") for such area as may be specified in the o rder to de velop, maintain, manage an d administer the fisheries harbour, fish landing jetties including any wharf, pier, dock and other landing place and their adjoining areas set apart by the Authority for repair yards, fuel and ice supply installation, auction hall, fish processing plants, godowns and fish markets. (2) The Authority shall consist of the following members who shall be appointed by the State Government, namely: - (i) Commissioner of Fisheries Chairman (ii) One representative from the Gujarat Maritime Board Member (iii) One representative from Marine Products Export Development Authority Member (iv) One representative from the Gujarat Electricity Board Member (v) One representative from the Gujarat Water Supply and Sewage Board Member (vi) One representative from the Gujarat Fisheries Central Co-operative Association Member (vii) One representative from the National Bank for Agricultural and Rural Development Member (viii) One representative from the National Co-operative Development Corporation Member (ix) One representative from Fish Processors Association Member (x) One representative from Boat Owners Association Member (xi) One representative from Custom Department Member (xii) One representative from Fish Traders Member (xiii) One representative from Lead Bank Member (xiv) One representative from the concerned local Municipality Member (xv) Deputy Director of concerned region Member-Secretary 25. (1) The Authority shall perform the following functions, namely:- Constitution and composition of Fisheries Terminal Authority. Functions of Authority. 15 (a) to develop, regulate and control the fisheries harbour terminals; (b) to a cquire land and purchase of equipment and machinery for fisheries harbour terminals; (c) to p rovide safety measures for arrival and de parture of the vessels and shore installations within the fisheries harbour terminals; (d) to a rrange quick and h ygienic handling and disposal of fish within the fisheries harbour terminals; (e) to keep the fisheries harbour area clean and free from pollution; (f) to perform such other functions as may be entrusted by State Government; and (g) to d o such o ther functions as are ne cessary for efficient discharge of functions of the Authority. 26. The Authority may charge such a mount as may be fixed b y the State Government from time to time, for providing services at the fishing harbour. CHAPTER VII MISCELLANEOUS 27. (1) Nothing in this Act shall apply to any v essels belonging to the Central Government or any State Government or Corporation owned or controlled by the Central Government or the State Government which are being used for the purposes of survey and research. (2) Where the State Government is of the op inion that it is necessary so to d o in the pub lic interest, it may by notification in the Official Gazette, exempt subject to such conditions, such class or classes of fishing vessels used for fishing in any specified area and for such period as it may specify in the notification, from all or any of the provisions of this Act. 28. All officers and employees and the members of the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or any rule made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 29. No suit, prosecution or other legal proceeding shall lie against any member of the Authority or any Officer or employee of the State Government f or anything which is in good faith done o r intended to b e Amount to be charged for providing services. Members officers and employees to be public servants. XLV of 1860. Protection of action taken in good faith. Exemption. 16 done in pursuance of the provisions of this Act, or any rule or order made thereunder. 30. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters, namely:- (a) the protection of fish under section 6; (b) the form in which the app lication for grant of licence for fishing vessel shall be made and the particulars and the fees which shall accompany such application under sub-section (2) of section 10; (c) the form in which and the terms and conditions on which the licence for fishing vessel may be granted under sub-section (5) of section 10; (d) the rules subject to which the Licensing Officer may vary or amend the licence under sub-section (2) of section 11; (e) the form in which the application for r egistration of vessel shall be made and the pa rticulars and the fees which shall accompany such application under sub-section (2) of section 12; (f) the form in which a nd the terms and conditions on which certificate of registration shall be granted and the form in which the register for entering the particulars of such certificate shall be made under sub-section (5) of section 12; (g) the manner in which the registration mark of vessel shall be displayed by the owner under sub-section (7) of section 12; (h) the form in which, the period within which, the date by which and the manner in which the o wner shall furnish the return under sub- section (1) of section 14; (i) the place at which and the manner in which the impounded fishing vessel shall be kept by the Enforcement Officer under section 15; (j) the manner in which the fish so seized shall be disposed of by the Enforcement officer and to deposit the proceeds thereof under section 15; (k) the rules subject to which the State Government may call for and e xamine record of order passed by Adjudicating Officer under sub- section (1) of section 19, and (l) any other matter which is to be or may be prescribed under this Act. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication: Power to make rules. 17 Provided that if the State Government is s atisfied that t he circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section. (4) All rules made under this s ection shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the Le gislature may make during the session in which they are so laid, or the session immediately following. (5) Any rescission o r modification so made b y the State Legislature shall be published in the Official Gazette and shall thereupon take effect. 31. (1) The Indian Fisheries Act, 1897 in its application to the State of Gujarat is hereby repealed. (2) Notwithstanding repeal of the said Act, anything done or any action taken (including any rule o r order made, notification issued or appointment made) by or under the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or taken by or under the Act and shall continue in force until superceded by anything done or any action taken under the provisions of this Act. 4 of 1897. Repeal.