The Kerala Fishermen's Welfare Fund Act 1985

194-
M KERALA FISHERMEN’S WELFARE FUND ACT. 1985
(Act 30 of 1985)
CONTENTS
Preamble
(cottons
Short title, extent and commencement.
Definitions.
Fisherman’s Welfare Fund Scheme.
Contribution to the Fund.
Amount to be accounted to the credit of each member.
Modifications of Scheme.
Constitution of Board.
Power of the Board to borrow.
Term of olfice of non—official members.
10. Removal of non-oficial members.
11. Appointment of staff.
12. Determination of contribution.
13. Provisional assessment and collection of advance
contribution.
14. Exemption.
15. Power to obtain copies of records etc, maintained by n
Fishermen’s Welfare Society.
16. Mode of recovery of money due under the Act.
17. Protection against attachment.
18. Priority of payment of contributions over other debt.
19. Penalty.
20. Offences by Companies.
21. Power to recover damages.
22. Protection of acts done. in good faith.
23. Direction by Government.
24. Power to order inquiry.
25. Power to supersede the Board.
26. Audit of accounts of the Board.
27 Annual report.
28. Power to make rules.
29. Laying of rules and notifications before the Legislative
Assembly.
Schedule
PWSV‘S‘PPNP

19.3
THE KERALA FISHERMEN’S WELFARE FUND ACT, 1985*
(Act 30 of 1985)
An Act to promde for the constitution of a welfare fund for
promotmg the welfare of fishermen im the State of Kerala and
for matters inczdental thereto.
Preamble—WHEREAS it is expedient to prov1de for the
constitution of a wellure fund for promotion of the welfare of
fishermen in the State of Ferala and for CGI’HLn other matters
incidental thereto.
BE it enacted in the Thirty-sixth Year of the Republic of
India as follows:—
1. Short title, extent and commencement—(1) ThlS Act may
be called the Kerala. Fishermen’s Welfare Fund Act, 1985.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government
may, by notification in the Gazette, appoint.
2. Definitions—In this Act, unless the context otherwise
requires,—
(a) “Board” means the Kerala Fishermen’s Welfare Fund
Board constituted under section 7;
(b) “contribution” means the sum of money payable to the
fund under section 4;
(c) “Director of Fisheries” means the Director of Fisheries
for the State of Kerala;
(d) “dealer” means any person who carries on within the
State of Kerala the business of buying and selling fish or processing
fish for export or domestic marketing and includes,—
(i) a commission agent, a broker, or any other mercantile
agent by whatever name called; and
(ii) a non-resident dealer or an agent of a non-resident
dealer or a local branch of a firm or company or association situated
outside the State of Kerala.;
(e) “fish” includes prawn;
' Received the assent of the President on the 10th day of December, 1913—5
and published in the Kerala Gazette, Extraordinary No 1060 dated the
13th December, 1985

196
(i) “Fisheries Ofiicer” means the Fisheries Oflicer appointai
under clause (11) of section 2 of the Kerala Fishermen Welfare
Societies Act, 1980 (7 of 1981);
(g) “fisherman” means a fisherman as defined in (lause (e)
of section 2 of the Kerala Fishermen Welfare Societies Act,
1980 (7 of 1981);
(h) ”fishing vessel” means a ship or boat, whether or not
fitted with mechanical means of propulsion, which is engaged in
fishing for profit and includes,—
(i) a catamaran; and
(ii) a country craft, known by the name “vanchi” oz
“vallom” or by any other local variations thereof,
(i) “fund” means the Kerala F‘ishermen’s Welfare Fund
established under section 3 and the scheme;
(j) “member" means a member of the fund;
(k) “scheme” means the Kerala Fishermen’s Welfare Fund
Scheme framed under this Act;
(1) “schedule” means the schedule to this Act.
3. Fishermmz’s Welfare Fund Scheme.——(1) The Government
may, by notification in the Gazette, frame a scheme to be called the
Kerala Fishermen’s Welfare Fund Scheme for the establishment
of a, fund under this Act by name “the Kerala Fishermen’s Welfare
Fund” for the welfare of fishermen and there shall be established,
as soon as may be after the framing of the scheme, the flmd in
accordance with the provision of this Act and scheme.
(2) There shall be credited to the fund,—
(a) the contributions specified in section 4;
(b) fee levied under the scheme:
(0) damages realised under section 21,
(d) grants or loans or advances made by the Government
of India or the State Government,
(5) any voluntary donations:
(f) any penalty levied under the provisions of the Kern]:
Marine Fishing Regulation Act, 1980 (10 of 1981):
(g) any amount raised by the Board from other sourcea
to augment the resources of the Board.
(3) The fund shall vest in and be administered by the Board.
(4) The fund may be utilised for all or any of the following
purposes, namely-—
(a) to provide for distress relief to fishermen in times of
natural calamities;

197
(b) [or payment of financial assistance to fishermen who
suffer permanent or temporary disablement;
(c) for payment of loans or grants to fishermen to meet
the expenses for the marriage of children, or expenses in connection
with disease or death of dependants, or any unexpected expenditure
or the day to day expenditure during lean months;
(d) to prov1de for the fishermen and the members of their
families,—
(1) education, vocational training and part~time
employment;
(ii) social education centres including reading rooms and
libraries;
(iii) sports, games and medical fac11i1.ies;
(iv) nutritious food for children, and
(v) employment opportunities to the handicapped;
(e) for payment of financial assistance to fishermen who
suffer loss of houses or fishing implements or any other damage due
to natural calamities or other unexpected causes;
(1?) to provide old age assistance to fishermen;
(g) for the implementation of any other purpose specified
in the scheme.
(5) Every fisherman who is a member of a Fishermen’s
Welfare Society constituted under section 4 of the Kerala Fishermen
Welfare Societies Act, 1980 (7 of 1981), shall be a member of the
fund.
(6) Subject to the provisions of this Act, the scheme framed
under sub-section (1) may provide for all or any of the matters
specified in sub-section (4) and in the schedule.
4 Contribution to the Fund—(1) A fisherman shall contribute
to the fund three per cent of the value of fish caught by him during
a year or three per cent of the wages earned by him in a year:
Provided that the contribution by a fisherman for a period of
three years from the commencement of the Act shall be at the rate
of Rs. 30 per year.
(2) A dealer shall contribute every year to the fund one
per cent of his sale nroceeds in the year:

198
Provided that the Board shall fix, upon such principles as may
be specified in the scheme, the amount which a dealer shall contribute
every year to the fund, for a period of three years from the
commencement of this Act:
Provided further that the amount fixed under the preceding
proviso shall not exceed one per cent of the sale proceeds of the
dealer.
(3) The owner of a fishing vessel shall contribute to the fund
every year an amount calculated at the followmg rates, namely:—
(a) traditional craft,—
(i) catamaran
(nonmotorised)
catamaran
( motorised)
(i1) country craft upto
9 metre size
(non-motorised)
country craft upto
9 metre size
(motorised)
(iii) country craft above
9 metre size
(non-motorised)
country craft above
9 metre size
(motorised)
(b) Mechanised boat,—
(i) below 15 CRT
—
RE. 1 per monih per catamaran
for nine months;
—
Rs. 2 per month per catamaran
for nine months;
—
Rs 3 per month per country
craft for nine months;
—
Rs. 5 per month per country
craft for nine months;
—
Rs. 5 per month per country
craft for nine months;
—
Rs. 7 per month per country
craft for mne months:
—
Rs. 100 per month per boat
for nine months;
(ii) of 15 CRT and above
—-
Rs. 200 per month per boat
but below 25 CRT for nine months;
tin) of 25 GRT and above
—
Rs. 400 per month per boat
upto 35 CRT
(iv) above 35 CRT
for nine months;
——
Rs. 1000 per month per boat
for nine months:
(4) The owner of a, fishing net shall contribute to the fund
one rupee per net per month for nine months every year.

199
Explanatzon.——For the purposes of this sub-section, “fishing net”
means a china net or a stakenet or a. free net used tor catching fish.
(5) The owner of a prawn filtration area or a fish farm shall
contribute every year to the fund two per cent of the value of the
prawn and other fish caught from the prawn filtration area or the
fish farm during the year:
Provided that the Board shall fix upon such prinmples as may be
specified in the scheme, the amount which the owner of a prawn
filtration area shall contribute every year to the fund tor a period
of three years from the commencement of the Act:
Provided further that the amount fixed under the pi eceding
proviso shall not exceed two per cent of the value of the prawn and
other fish caught during a year:
Provided also that no contribution shall be payable by the
owner of a fish farm for the first three years from the formation of
the fish farm.
Explanation—For the purposes of this sub-section, “prawn
filtration area” means any water-logged area where prawn filtration
is carried on during the whole or any part of the year, but does not
include any area where paddy is cultivated at any time during a year.
(6) A person who employs a fisherman in a. fishing vessel
shall be liable to pay under sub-section (7) the contribution payable
by that fisherman under sub-section (1) after deducting that
amount from the wages or other remuneration due to such fisherman.
(7) The contributions shall be paid to the Fisheries Officer
or to any officer of the Board authorised by the Board In this behalf.
(8) The amount of contribution shall be rounded off to the
nearest rupee and, where such amount contains part of a rupee
consisting of paise, then, if such part is fifty paise or more, it shall
be increased to one rupee and if such part is less than fifty paise, it
shall be ignored.
5. Amount to be accounted to the credit of each member.—
Each member shall be entitled to such amount in the fund as may
be fixed in accordance with the formula specified in the scheme and
entered in the accounts of the fund to his credit.
6 Modifications of Schema—The Government may, by
notification in the Gazette, add to, amend or vary the scheme.

200
7. Constitution of Board—(1) The Government may, by
notification in the Gazette, constitute with effect from such date as
may be specified therein, a Board to be called the Kerala Fishermen’s
Welfare Fund Board for the administration of the fund and to
supervise and to carry out the activities financed from the fluid.
(2) The Board shall be a body corporate by the name
aforesaid, havmg perpetual succession and a common seal and shall
by the said name sue and be sued.
(3) The Board shall consist of the following members,
namely,—
(a) Secretary to Government in charge of fisheries;
(b) the Director of Fisheries;
(c) the Chairman and Managing Director of the Kerala
State Co-operativc Federation for Fisheries Development;
(d) the Law Secretary or an ofiicer of Law Department
nominated by him;
(e) a representative of the Finance Department to be
nominated by the Government; and
(f) three representatives of the fishermen to be nominated
by the Government.
(4) The Government shall nominate one of the members of
the Board as its Chairman.
(5) The Board shall administer the fund in such manner as
may be specified in the scheme
(6) The Board may, with the previous approval of the
Government, delegate to the Director of Fisheries or to the
Managing Director of the Kerala. State Co-operative Federation for
Fisheries Development or to any officer of the Government or of the
Board, such of its powers and functions under this Act or the scheme
as it may consider necessary for the efficient administration of the
fund, subject to such restrictions and conditions, if any, as it may
specify.
'8. Powe7 of the Board to borrow —The Board may, from time
to time, With the previous approval of the Government and subject
to such terms and conditions as may be specified by the
Government, borrow money for the purposes of the scheme.

2'01' ,
9. Term of Office of non-official members.—(1) A member
nominatedumder clause (f) of sub-section (3) of section 7 shall hold
oflice for a term of five years from the date of his nomination, and
shall be elig1ble for renomination.
(‘2) Any nominated member may resign his membership by
giving notme 1n
writing to the Government, but shall continue in
o‘flice until 'his Iresignation is accepted by‘ the Government.
10. Removal of non-official members.-—(1) The Government
may, by notificationin the Gazette, removeiany non-official member
of the Board from office,—
(a) if -he has, without theipermissionof the Board, been
absent'drom «the 1meetings of 'the Board for anyzperiod exceeding
three consecutive months or if within the said period less than three
meetings have been held, he absents «himself from three consecutive
meetings:
Provided, 'hOWever, that-such eibsence' may be condoned by the
Board before the publication of the notification in the official
Gazette;
(b) if he, in the opinion of theGovernment, is unsuitable
or has 'become 'in'capable of acting as a member or has so abused
his positionas a member as to renderhis continuance as -such
member detrimentalto the ,public intweet:
Provided that before removing a. member under this sub- section,
he 'shall *be given a reasonable Opportunity to show cause why he
shoul'd not 'be removed. 4
1(2) cA -non~oflicia.l member'of the )Board removed under
clause (a) of sub-section (1) shall be disqualified for nomination
as a member of the Board for a.period110f three years from the date
of his removal unless otherWise ordered by the Government.
1(8) 1A nonofiicial meniber '61' ‘the ’BOard ‘removed under
clause (b) of sub-section l(1) shall not We eligiblefor l1'enorn1nat1on
until he is declared by an order of the Government 1to be Ino longer
ine‘l1g‘ib1e.
11. Appomtme'nt of staff.——-(1) The Board may, with the
previous approval (if the Government, appoint such staffas it may
consider'necessary.
(2) Subject to the provisions of sub-section (3), the method
of recruitment, salary and allowances and dther conditions of
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service of the staff appointed by the Board shall be such as may
be specified by the Board With the previous approval of the
Government.
(3) In the case of posts in the serVice under the Board to
which appointment is made by direct recruitment.—
(a) fifteen per cent shall be reserved for appointment from
candidates belonging to families of fishermen;
(b) ten per cent shall be reserved for appomtment from
candidates belonging to scheduled castes and scheduled
tribes; and
(c) twenty-five per cent shall be reserved for appointment
_- from candidates belonging 1.0 other backward classes.
, Explanation—For the purposes of this sub-section, the
expressions, “scheduled castes", “scheduled tribes” and ”other
backward classes" shall have the meanings respectively ass1gned
to them in the Kerala State and Subordinate Services Rules, 1958.
12. Determination of contributm.—(1) The Fisheries Officer
or any officer of the Board not below the rank of a Sub Inspector
of Fisheries authorised by the Board in this behalf may, after
making such inquiry as may be necessary and after giving every
person liable to pay contribution under section 4 an opportunity to
be heard, by order, determine the amount due from such person
under that section.
(2) The oflicer conducting the inquiry under subsection
(1) shall, for the purposes of such inquiry, have the same powers
as are vested in a civil court, while trying a suit, under the Code of
Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the
following matters, namely:—
-
(a) enforcing the attendance of any person or examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses.
‘ . .
(3) Any inquiry under this section shall be deemed to be 3.
Judicial proceeding within the meaning of sections 193 and 228 and
for the purpose of section 196 of the Indian Penal Code, 1860
(Central Act 45 of 1860).
(4) Any person aggrieved by an order under sub-section (1)
may prefer an appeal to the Director of Fisheries within sixty days
‘V

203
from the date of receipt of the order and the Director of Fisheries
may, after making such inquiry, pass such orders thereon as he
thinks fit.
(5) The Government may, either suo-motu or on application
of the aggrieved person, call for the record of any proceeding taken
by the Director of Fisheries under sub-section (4) and make
such enquiry and pass such orders, as they deem fit:
Provided that an application for revision under this sub-section
shall be made within thirty days from the date on which the order
was communicated to the applicant:
Provided further that no order shall be passed under this
Imb'section without giving the person who may be affected thereby,
an opportunity to be heard.
13. Provisional assessment and collection of advance
contribution—(1) Every person liable to pay 'contribution under
section 4 shall, pending determination under section 12 of the
amount due from him, pay every month by way of advance
contribution an amount equivalent to one-twelfth of the amount
payable annually by him according to the latest determination under
the said section:
Provided that the provisions of this sub-section shall not apply
to the payment of contribution by a fisherman or a dealer or the
owner of a prawn filtration area or a fish farm for the period of
three years from the commencement of this Act under the proviso
to subsection (1) or sub-section (2) or sub-section (5) of section 4,
as the case may be.
(2) The advance contribution for a month shall become
payable on or before the 5th day of the succeeding month.
(3) Where the advance contribution is not paid on or before
the due date, the Fisheries Officer or any officer of the Board
authorised by it in this behalf, shall issue a notice to the defaulter
showing the amount of arrears, and if the amount is not paid within
fifteen days of the receipt of such notice, it may be recovered in the
same manner as arrears of public revenue due on land under the
Revenue Recovery Act for the time being in force.
(4) The amount paid under this section for an year shall be
adjusted against the amount determined under section 12 for that
year.
'
14. Exemption—Government may, by notification in the
Gazette, exempt any dealer, whose annual turnover from fish does

204
not exceed‘Rs: 24,000 per annum. from all or any oflthe pvovisionsof
this Act; subject to such‘ condition as may be! specifiedxin the
notification.
15. Power to.obtam-cop1‘es~ of records etc, maintameiby a
fishermen’s- Wélfa're Society—(1) Any officer of. the B'oard‘. not
below the rank of. a. FiaherieeDevelopment Officer; auihonised by it
in that behalf shall have power to peruse the books or registers or
other records maintainedfby- a Fisherman’s Weifanei society. consti-
tuted under the Ker-ala Fishermen Welfare Societies-.Aci;.1980 (7 of
1981) or to requisition the supplymfzawpy of anyrsuchxbnnk or
register or other record or of any entry therein as may be specified
in such requisition.
(2) The Fisheries Officer shall provide all‘fac'ilitles for the
perusal of any book or register or. other records by an officer. under
sub-section (1) and shall cornply with any requisition made under
that subsection.
16. Media of recovery of‘ money due under th‘e Act.——Any
amount due from any person under the provisioned! this A'ct. or the
scheme may be recovered’in the same manner as*an~arr.ear of public
revenue due on land under the Revenue Recovery Act‘ for the Lime
Being in‘force.
17. Protection against attoclnmt:——(1) The‘ammmtt standing
to the crediit‘ofl any‘membcr inr ther‘fuml shall'not' in any. way. be
capable of being assignednor charged" andzshalll nnt‘. hasliabie to
attachment under any decree or order of any court imrespsct of‘any
debt or liability incurred by the. member and no receiver appointed
under the Insolvency Act, 1955 (2 of 1956), shall be' entitled to, or
have any claim on, any such amount.
(2)‘ Any amount standing to. the; credit of a: mamlier in the
fundfat-th‘e time'of hiS‘death and‘payable to his nominee'undér the
scheme shall, subject to any. deduction authonsediby' the' scheme,
vest in the nominee and shall be free from any debt orrmlien‘liabih‘ty
incurred-by the deceasediorthe nominee before the deathzof the
member.
18. Priority of payment of contributions over other debt.—
Where any. person‘liablo to. pay» contribution under section 4 is
adjudicatedineolvent orwin me where such personiis-arcompany, an
order for winding up is made, the amount due from such person
under the scheme shall, where the liability therefor has accrued
before the-order of adjudication unwinding up is‘marle; be deemed
.to he'included amongthe- debts which‘ under sectiornifi of the
Insolvency Act, 1955 (2 of 1956) or under section 530 of the
‘7

‘\
205
Gompm1ies>Aot-,.1956: (Gentml Antlll of 1956) are to.be paid-in
priority to. allroflmn dEbteinl the: dishibntioniof- the- property of: the
insolvent: on the assets: ofl the company; being wound. up; as: the: case
may be.
19. Penalty: (31$ Whoever for the purpose of' avmding any
paymentx tmba madmbyyhimselfxmnlm this Act or under the scheme
or fonmabling: any other person) toiaxvoid: such payment lmowingly
makescn causes to.be.made any.£a.lseistabemention false representa-
tion sh'alI‘be‘ punishable with imprisonment for a term which. may
extend to three months or with fine which may extend to one
thousand-rupees; or'w-itii-lioth.
(2): Whoever contrayenesoz: makes default in complying.with
any of‘the provisions. of thi's.A'ct-.on tithe: scheme shall, if. no»other
penalty is elsewhere. provided by or 'under this Act for such
contravention Wmomcomplizmoe; be punishable with imprisonment
for-a‘ term which may extend tO‘ three months or with fine which
may'e'xtend
'
to‘ one thousand rupees,. or with hoth‘.
(3) No court shall take cognisance of any. offence punishable
under this Act except on a report in writing of the facts constituting
manoflmceemadmwidnuie-meouw sanction of the Board, by the
Humorrofifimmwon'hytthv Managing” Director of the Kerala
$211123 Cmamnzfive Fademtien fam'FisheriesI Development or- by- such
officer of the Bomflmt’DbpantmantJ off Fisheries not beIOW'the-rank
ofiAssistanLDinecton of. Fisheries,.a.s may‘ be specified in this behalf
by the Board.
20. Oflanoas'bly Gampaniesa~fllbl If! the person committing! an
offence under this.Aot.is:aJ company, every officer of‘ the company
who is. in. default as well as the cornpany,- shalt be deemed! to: be
guilty of the offénce and shall‘be liablettobc proceeded against and
punished accordingly:
'
RroWdedltliatf in) any proceeding" against an officer of the
company in\ respect ofazn ofi‘énce‘ undér' this [tot it‘ appears to the
court hearing the case that the offénce‘ iS' not attributable to the
negligence; default; Breach of'duty;.misfeasance or breach of trust
emmnittedxbyy tho' ofiicembntx that! he hasr acted honestly and
reasonably and thathavinga reganiitb’all’ the circumstances of'tlie
canajnduding, those connected. with. his‘ appohltment, he ought
fairly, to be. excused; the. count. may: relieve him either wholly' or
partly,.fromi his-.liability on such terms~as= it may think fit.
(2) Notwithstanding anything contained in' sub-section (it),
where an offence under. this Act has been. committed. by a company
and‘ it" is‘proved that' the offence- hasbeen committedwithi the
consent‘ Wmmi‘vance of; or is attributable to any wilful negligence,

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