LexThe KARNATAKA MARINE FISHING (REGULATION) ACT, 1986.
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA MARINE FISHING (REGULATION) ACT, 1986.
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
REGULATION OF FISHING
3. Power to regulate, restrict or prohibit certain matters within specified area.
4. Prohibition of use of fishing vessel in contravention of any order made under
section 3.
5. Licensing of fishing vessels.
6. Prohibition of fishing using fishing vessels which are not licenced.
7. Cancellation, suspension and amendment of licence.
8. Registration of vessels.
9. Finality of orders under sections 5, 7 and 8.
10. Appeals.
CHAPTER III
PENALTIES
11. Power to enter and search of fishing vessels etc.
12. Arbitration.
13. Penalty.
14. Constitution of Appellate Board and appeal to Appellate Board.
15. Revision by Appellate Board.
16. Powers of arbitrator and Appellate Board in relation to holding enquiry under this
Act.
17. Advisory Committee.
18. Contravention by companies.
CHAPTER IV
MISCELLANEOUS
19. Exemption.
20. Delegation of powers.
21. Protection of action taken in good faith.
22. Power to make rules.
* * * *
STATEMENT OF OBJECTS AND REASONS
Act 24 of 1986.- In the recent times Marine Fi shing activities in our State
have increased, by using trawlers purse-seiners and gill netters which form the
mechanised sector. In addition to this, t he traditional fishermen continued to do
fishing using non-mechanised boats. To sa fe-guard the interests of traditional
fishermen and with a view to avoiding conf licts between the traditional fishermen
and mechanised boat owners and also to r egulate the fishing activities on
scientific lines on the sea-coast lines of our State, and to protecting the interest of
different sections of persons engaged in fishing and also for conserving fishery
wealth, it is proposed to introduce this Bill. The bill provides among other things,-
(1) For compulsory registration of fi shing vessels engaged in fishing and also
or issue of licences, etc.
(2) Empowers the State Government to de-limit fishing zones for different
types of fishing vessels.
(3) That contravention of any of the orders made under different provisions of
the section is punishable.
Hence this Bill.
(Obtained from File LAW 53 LGN 81)
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KARNATAKA ACT No. 24 OF 1986
(First published in the Karnataka Gazette Extraordinary dated
28th day of May 1986)
THE KARNATAKA MARINE FISHING (REGULATION) ACT, 1986.
(Received the assent of the Governor on the Twenty-second day of May 1986)
An Act to provide for the regulation of fishing by fish ing vessels in the
sea along the coast line of the State.
W HEREAS it is expedient to prov ide for the regulation of fishing by fishing
vessels in the sea along the coast line of the State ;
B E it enacted by the Karnat aka State Legislature in t he Thirty-seventh Year of
the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. 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 1[date]1 as may be notified by the
Government.
1. Act came into force by notification on 18.08.1986
2. 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 t he Government in this behalf, by notification in the
Official Gazette, to exercise the power s 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 t he appellate authority appointed by
notification by the Government ;
(c) "appellate board" means an appellate board constituted under section 15;
(d) "authorised officer" means an office r not below the rank of an Assistant
Director of Fisheries, authorised by the Gove rnment 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 boa t, whether or not fitted with mechanical
means of propulsion, which is exclusiv ely engaged in sea-fishing for profit and
includes a country craft and canoe 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 se ction 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 coast line 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 Karnat aka and includes the territorial waters
along the entire coast line of the State.
CHAPTER II
REGULATION OF FISHING
3. Power to regulate, restrict or prohibit certain matters within specified
area.- (1) The Government may, having regar d 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-sect ion (1), the Government shall have
regard to the following matters namely : -
(a) the need to protect the interest s 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 number of fishing vessels which may be used for fishing in any
specified area;
(c) the need to maintain law and order in the sea ; and
(d) any other matter that may be prescribed.
4. 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 the 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 the shore, through any specified area to
or from any area other than a specified area for the purposes of fishing in such
other area or for any other purpose :
Provided further that the passing of su ch 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 fishi ng in the specified area by using
any fishing vessel.
5. Licencing 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, afte r 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 fi shing vessel, a licence for using such
fishing vessel for fishing in the specif ied 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 differ ent 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 per iod on payment of the fee specified
under sub-section (5).
6. Prohibition of fishing using fi shing vessels which are not licenced.-
No person shall after the commencement of this Act carry on fishing in any
specified area using a fishing vessel which is not licenced under section 5 :
Provided that nothing in this section s hall apply to any fishing vessel, which
was being used for fishing immediately bef ore the commencement of this Act for
such period as the Government may by notification specify.
7. 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 whic h the licence has been granted or has
contravened any of the provisions of th is 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 o fficer may, after giving the holder of
the licence a reasonable opportuni ty 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.
8. Registration of vessels.- (1) The owner of ever y vessel used or intended
to be used for purposes of fishing and k ept 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 ti me 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 m onths from the date on which he first
became the owner of such vessel ; or
(b) before the expiration of six m onths from the commencement of this
Act whichever is later :
Provided that the aut horised officer may, for sufficient reason to be recorded in
writing, extend the time lim it 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 ma y be prescribed, the particulars of such
certificate.
(4) The registration once made shall, subj ect to sub-section (7), continue to be
in force until it is cancelled by the authorised officer.
(5) Every vessel registered under this se ction 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).
9. Finality of orders unde r 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 canc elling, 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.
10. 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 a licence or refusing to register a vessel or cancelling the registration
of a vessel may within thirty days fr om the date on which the order is
communicated to him prefer an appeal to the appellate authority :
Provided that the appellate authority ma y 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-sect ion (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 III
PENALTIES
11. Power to enter and sear ch 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 pr ovisions 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 opini on 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.
12. Arbitration.- (1) Where any authorised officer referred to in section 11,
has reason to believe that any fishi ng 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 t he 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, afte r giving all the parties concerned a
reasonable opportunity of being heard.
13. 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 t he 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 ma y 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.
14. 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 Distric t 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 t he 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-se ction (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 asi de the order imposing penalty, the whole of
the sum deposited by way of penalty,
shall be refunded to the appellant.
15. Revision by Appellate Board.- The Appellate Board may call for and
examine the records of any order pass ed 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 l egality or propriety of such or der or as to the regularity
of the procedure and pass such order with respect thereto, as it may think fit :
Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard in the matter.
16. Powers of arbitrator and Appellate Board in relation to holding
enquiry under this Act. - (1) The arbitrator and 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 exam ination of witnesses or documents.
(2) The arbitrator or the Appellate B oard shall, while exercising any of the
powers under this Act, be deemed to be a civ il court for the purpose of sections
345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
17. 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 Ad visory Committee shall advice the State
Government on the enforcement of the provisions of the Act.
18. Contravention by companies. - (1) Where an offence under this Act has
been committed by a company, every person w ho, at the time of contravention
was committed was in-charge of, and was re sponsible 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 contraventi on and shall be liable to be proceeded
against and punished accordingly :
Provided that nothing cont ained 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 contai ned in sub-section (1), where any
contravention under this Act has been co mmitted with the consent or connivance
of, or is attributable to any neglec t on the part of, any director, manager,
secretary or other officer su ch director, manager, secretary or other officer, shall
be deemed to be guilty of that contravent ion and shall be liable to be proceeded
against and punished accordingly.
Explanation.- For the purpose of this section, -
(a) 'company' means any body cor porate and includes a firm or other
association of individuals ; and
(b) 'director' in relation to a firm, means a partner in the firm.
CHAPTER IV
MISCELLANEOUS
19. Exemption.- (1) Nothing contained in this Act, shall apply to survey
vessels belonging to the Central Governm ent or any State Go vernment or any
public undertaking.
(2) If the Government is of the opini on that, having regard to the purposes of
this Act, it would not be in t he 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 ar eas, 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 fishi ng in such specifi ed area or specified
areas, as it may specify in the notification from the operat ion of all or any of the
provisions of this Act.
20. Delegation of powers.- The Government may, by notification, direct that
all or any of the powers conferred on t he 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.
21. 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.
22. 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 s hall 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 secu rity 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, va rying or amending such licence or in
registering a vessel under section 8 or cancelling such registration ;
(e) the form of the application for r egistration of vessel under section 8,
the particulars which such application s hall contain, and t he fees which shall
accompany the application, the form of the certificate of registration and the form
of the register referred to in sub-section (3) of t hat section and the manner in
which the registration mark referred to in sub-section (5) of t hat section shall be
displayed ;
(f) the authority to whom appeals sha ll 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 se ction 11 and the manner in which the
proceeds of the disposal of the seized fi sh shall be deposited with the arbitrator
under sub-section (3) of that section ;
(h) the procedure of the enquiry by t he arbitrator under sub-section (2) of
section 12 ;
(i) the qualifications of the member s of the Appellate Board other than
the Chairman, the fees and allowanc es 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 compri sed in one session or in two or more
successive sessions, and if, before the expiry of the session in whic h 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.
(The above translation of the PÀ£ÁðlPÀ PÀqÀ®Ä «ÄãÀÄUÁjPÉ («¤AiÀĪÀÄ£À) C¢ü¤AiÀĪÀÄ,
1986. was published in Part IV-2B of the o fficial Gazette dated 24-1-1987 as No.
66 under clause (3) of Article 348 of the Constitution of India.)
* * * *
NOTIFICATION
Bangalore dated 18th August 1986 [No. AAH 161 SFM 81]
In exercise of the powers conferred by sub-section (2) of section 1 of the
Karnataka Marine Fishing Regulation Ac t, 1986 (Karnataka Act 24 of 1986), the
Government of Karnataka hereby notify t hat the eighteenth day of August 1986
as the day on which the said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
J. Vasudevan.
Secretary to Government,
Animal Husbandry, Fishing and Forest Department.
(Published in the Kar. Gazette (Extraordinary) Part IV-2B dated 18-8-1986 as No. 621.)
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