The KERALA FISHERMEN WELFARE SOCIETIES ACT, 1980

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THE KERALA FISHERMEN WELFARE SOCIETIES ACT, 1980 
(ACT 7 OF 1981) 
CONTENTS
Preamble.
Sections:
   1.   Short title, extent and commencement.
   2.  Definitions .
   3.    Declaration of fisheries villages.
   4.    Fishermen's welfare societies.
   5.    Members of societies.
   6.  Expulsion of members.
   7. V otes of members.
    8.  Management of Societies.
   9. Constitution of committee.
 10.  Disqualifications and removal of members of committee.
 11.  Acts of committee not to be invalidated by informality, vacancy, etc.
 12.  Annual general body meeting.
 13.  Special general body meetings.
 14.  Functions of committee.
 15.  Secretary of committee.
 16.  Powers of Director to cancel decision of committee.
 17.  Duties and functions of societies.
 18.  Appointment of staff of society.
 19.   Grants and loans by Government.
 20.   Power of society to borrow .
 21.   Investment of funds.
 22.  Restriction on borrowings.
 23.   Restrictions on loans.
 24.   First charge of society on certain assets.
 25.   Constitution of  Fund.
 26.   Inquiry by Director.
 27.   Supervision and inspection.
 28.   Power of revision of Director and Government.
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 29.   Mode of recovery of sums payable to society.
 30.   Accounts and audit.
 31.  Directions by Government.
32.    Protection of action taken in good faith.
33.    Power to make rules.
34.    Power to make bye-laws.
35.    Repeal and saving.
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ACT 7 OF 1981
THE KERALA FISHERMEN WELFARE SOCIETIES ACT, 1980*
An Act to provide for the organization of fisheries village and to constitute fishermen Welfare
Societies for such villages with a view to develop the economic, social and cultural
life of the fishermen community in the State of Kerala.
Preamble.— Whereas the main avocation and means of livelihood of the fishermen
community in the State of Kerala is fishing; 
And whereas the entire  economy of more  than  four hundred villages, which are
inhabited mainly by members of the fishermen community, depends upon the income of
those members from fishing operations including sale of the catches; 
And whereas the fishermen are, to a large extent, indebted to money lenders who are
exploiting the economy of the fishermen community in general; 
And  whereas  the  boats,  crafts  and  nets  used  for  fishing  are  not  owned  by  the
fishermen, but by others who exploit the fishermen by expropriating the major part of their
earnings as rent of such implements and other charges in respect thereof; 
And whereas the fishermen are also exploited by money-lenders and middlemen by
purchasing or otherwise depriving them of their catches without payment of the due price
therefor, either by advancing money or by any other method; 
And whereas the fishermen are so deprived of the legitimate fruits of their industry
and labour; 
And whereas it is necessary to end exploitation of fishermen by money-lenders and
middlemen and to develop the economic, social and cultural life of the fishermen community;
BE it enacted in the Thirty-first Year of the Republic of India as follows:— 
1.  Short title, extent and commencement .— (1) This Act may be called the Kerala
Fishermen Welfare Societies Act, 1980.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 21st day of November,
1980.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) "committee" means the committee of a society;
(b) "Director" means the Director of Fisheries for the State of Kerala and
* Received the assent of the Governor on the 16 th day of January, 1981 and published in the Kerala Gazette
Extraordinary No. 48 dated the 16th January, 1981.
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includes any other officer appointed by the Government to exercise the powers and perform
the functions of the Director under this Act; 
(c) "fish" includes shell-fish, prawns and lobsters;
(d) "Fisheries Officer" means an officer appointed as such by the  1[Kerala
State  Co-operative  Federation  for  Fisheries  Development]  for  each  fisheries  village  to
exercise the powers and perform the functions of the Fisheries Officer under this Act;
(e) "fisherman" means any person engaged mainly in fishing operations for his
livelihood; 
(f) "fishermen's welfare society" or "society" means a society constituted by
the Government under section 4; 
(g)  "fisheries  village"  means  an  area  declared  by  the  Government  under
section 3 to be a fisheries village; 
(h) "fishing operations" includes— 
   (i) fishing by any means, mechanical or otherwise; and
  (ii) the sale of marine products by members of families of fishermen, by
transporting them to different places by headload or cycleload;
(i) "marine products" includes fish and shell-fish grown or cultured and caught
from any inland waters.
Explanation.—For the purposes of this clause, "inland waters" includes ponds, tanks
and reservoirs;
(j) "member" means a member of a society; 
(k) "prescribed" means prescribed by rules made under this Act; 
(l)  "president" means the president of the committee of a society;
(m) "secretary" means the secretary of the committee of a society;
(n) "State" means the State of Kerala. 
3.  Declaration of fisheries villages .—The Government may, by notification in the
Gazette, declare such of the areas as they consider are inhabited mainly by fishermen to be
fisheries villages for the purposes of this Act and define the local limits of each such village.
4. Fishermen's Welfare Societies .—(1) The Government shall, by notification in the
Gazette, constitute a fishermen's welfare society for each fisheries village by such name as
may be specified in the notification.
(2)  Every  society  shall  be  a  body  corporate  by  the  name  under  which  it  is
constituted, having perpetual succession and a common seal, with power to acquire, hold and
1 Substituted by Act 26 of 1986 (w.e.f. 29th November, 1984).
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dispose of property, both movable and immovable, enter into contracts, institute and defend
suits and other legal proceedings and to do all things necessary for the purposes for which it
is constituted.
5. Members of societies.—(1) Every fisherman who permanently resides in a fisheries
village or carries on fishing operations from or within a fisheries village and who— 
(a) has attained the age of eighteen years; and 
(b) is not of unsound mind, 
shall be deemed to be a member of the society constituted for that fisheries village. 
(2) The Fisheries Officer shall, subject to such rules as may be made in this
behalf, prepare and publish in the prescribed manner a list of fisherman who are deemed to
be members of the society as on the first day of September of each year:
Provided that the Government may direct that in respect of any particular year such
list shall be prepared with reference to such other date as may be specified in the notification.
6. Expulsion of members.— (1) Any member of a society who has acted adversely to
the interests of the society may be expelled upon a resolution of the general body passed at a
special meeting convened for the purpose by the votes of not less than two-thirds of the total
number of members present and voting at the meeting.
(2) No member shall be expelled under sub-section (1) without giving him an
opportunity to make representations.
7.  Votes of members .—(1) Every member of a society shall have one vote in the
affairs of the society:
Provided that in the case of an equality of votes, the president shall have and
exercise a second or casting vote.
(2) Every member of a society shall exercise his vote in person.
8. Management of Societies.—Subject to the provisions of this Act and the rules made
thereunder, the final authority of a society shall vest in the general body of its members:
Provided that nothing contained in this section shall affect the exercise by the
committee of the powers conferred on it by this Act or the rules made thereunder.
9.  Constitution  of  committee.—(1) For every  society,  there  shall  be a  committee
consisting of the following persons, namely:—
(a) such number of members, being not less than four and not more than eight,
as may be determined in such manner as may be prescribed, to be elected by the members of
the society in the prescribed manner from among themselves ; 
(b) not more than two members to be nominated by the Government. 
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2[Provided that the first committee after the commencement of this Act, of every
society shall consist of not less than six and not more than ten members nominated by the
Government]. 
(2) The members of the committee shall elect one among themselves to be its
president.
(3) An elected member of the committee shall hold office for a period of three
years from the date of his election.
(4) A nominated member of the committee shall hold office for such term as the
Government may determine.
3[Provided that a member of the first committee after the commencement of this Act
shall hold office for a period of three years from the date of his nomination.] 
(5) Any member of a committee may resign his office by giving notice thereof in
writing to the Director and, on such resignation being accepted, shall be deemed to have
vacated his office.
(6) A casual vacancy in the office of a member of a committee may be filled up,
as soon as may be, by election or nomination, as the case may be, and a member elected or
nominated to fill such vacancy shall hold office for the unexpired portion of the term of
office of the member whose place he fills.
10. Disqualifications and removal of members of committee .—(1) No person shall be
elected or nominated as, or continue to be, a member of the committee if he—
(a) is an officer or servant under the committee; or 
(b) is an undischarged insolvent; or 
(c) is of unsound mind; or
(d) has been convicted by a criminal court for an offence involving moral
turpitude, unless such conviction has been set aside.
(2) The Government may remove from office any elected member of a committee
who— 
(a) is or has become subject to any of the disqualifications mentioned in sub-
section (1); or 
(b) has ceased to be a fisherman; or 
(c) is absent without leave of the committee for more than three consecutive
meetings of the committee:
2 Added by Act 8 of 1985 (w.e.f. 4th June, 1983).
3 Added by Act 8 of 1985 (w.e.f. 4th June, 1983).
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Provided that no member of a committee shall be removed from office on the ground
mentioned in clause (a) or clause (b) without giving him an opportunity of being heard. 
4[(3)  The  Government  may  remove  from  office  any  member  of  the  first
committee after the commencement of this Act, who— 
(a) is or has become subject to any of the disqualifications mentioned in sub-
section (1) , or
(b) is absent without leave of the committee for more than three consecutive
meetings of the committee:
Provided that no such member shall be removed on the ground mentioned in clause
(a) without giving him an opportunity of being heard.] 
11. Acts of committee not to be invalidated by informality, vacancy, etc.—No act done
or proceeding taken under this Act by a committee shall be invalidated merely on the ground-
(a) of any vacancy or defect in the constitution of the committee; or
 
(b) of any defect or irregularity in the election or nomination of a person
acting as a member thereof; or 
(c) of any defect or irregularity in such act or proceeding not affecting the
merits of the case.
12. Annual general body meeting .— (1) A general body meeting of a society shall be
held once in a year for the purpose of—
(a) approval of the budget with reference to the duties and functions of the
society prepared by the committee for the ensuing year ;
(b) election, if any, in the prescribed manner, of the members of the committee
other than nominated members; 
(c) consideration of the audit report and the annual report;
(d) disposal of the net profit; and
(e)  consideration  of  any  other  matter  which  may  be  brought  forward  in
accordance with the bye-laws. 
(2) The Director or any other person deputed by him shall have the right to attend
the committee or general body meeting of any society.
13.  Special general body meetings .— (1) The committee of a society may, at any
time, call a special general body meeting of the society and shall call such meeting within
one month after receipt of a requisition in writing from the Director or from such number of
members or a proportion of the total number of members, as may be prescribed.
4 Inserted by Act 8 of 1985 (w.e.f. 4th June, 1983).
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(2) If a special general body meeting of a society is not called in accordance with
the requisition referred to in sub-section (1), the Director or any person authorized by him in
this behalf shall have power to call such meeting and that meeting shall be deemed to be a
meeting called by the committee.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the
Director or any person authorized by him in this behalf may, at any time, call a special
general body meeting of the society in such manner and at such time and place within the
area of its operation as he may direct and such meeting shall be deemed to be a meeting
called by the committee.
(4) Notwithstanding anything contained in the bye-laws of a society, the Director
or any person authorized by him in this behalf may, at any time, summon a meeting of the
committee  of  the  society  and  that  meeting  shall  be  deemed  to  be  a  meeting  called  in
accordance with the bye-laws of the society and shall have power to transact all business
which can be transacted at a meeting of the committee under the bye-laws of the society and
such other business as is specially mentioned in the requisition made by the Director or the
person authorized.
(5) The Director or any other person deputed by him shall have the right to attend
the committee or general body meeting of any society convened in accordance with the
provisions of this section.
14. Functions of committee.— (1) The management of the affairs of a society shall be
vested in the committee of that society.
(2) The  committee  shall  exercise  such  other  powers  and  perform  such  other
functions as may be prescribed.
15. Secretary of committee .— (1) The Fisheries Officer shall be the Secretary of the
committee.
(2) The secretary shall carry into effect the decisions of the committee:
Provided that the secretary shall, in cases where he is satisfied that any decision made
by the committee is ultra vires the provisions of this Act or any other law for the time being
in force or is against the objects of this Act, report the matter to the Director within such time
as may be prescribed and carry the decision into effect if it is not suspended or cancelled by
the Director.
(3)  The  secretary  shall  perform  such  other  functions,  including  financial
functions, as may be prescribed.
(4) The 5[Kerala State Co-operative Federation for Fisheries Development] may
transfer the secretary, and shall do so if such transfer is recommended by a resolution of the
committee passed at a meetting specially called for the purpose and supported by the votes of
the majority of the members of the committee.
5 Substituted by Act 26 of 1986(w.e.f 29th November, 1984).
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16.  Powers of Director to cancel decision of committee .—If on receipt of a report
under the proviso to sub-section (2) of section 15 or otherwise, the Director is satisfied that
any decision of a committee is ultra vires the provisions of this Act or any other law for the
time being in force or is against the objects of this Act, he may, by order in writing, cancel the
decision:
Provided that no decision shall be cancelled under this section unless the committee
has been given a reasonable opportunity of showing cause against the proposed action: 
Provided further that the Director shall have power to stay any action based on the
decision of the committee, pending final decision by him. 
17. Duties and functions of societies .— Subject to such rules as may be made in this
behalf, a society may—
(a) take measures to make available fishing implements to its members at
reasonable cost; 
(b) advance loans to the members for the purchase of fishing implements and
effect recovery of such loans in easy instalments; 
(c) provide facilities for storage, processing and marketing of marine products;
(d) provide facilities to the members for the repair and maintenance of fishing
implements;
(e) evolve and implement schemes for the welfare of the residents of fisheries
villages;
(f) provide for the payment of accident relief to members and their families; 
(g) provide for the payment of incapacity or disability or old age benefits to
members; 
(h) provide for such other welfare schemes as would improve the standard of
living and ameliorate the social conditions of the members; 
(i) provide for matters ancillary or incidental to any of the functions aforesaid;
and
(j) perform such other fanctions as may be prescribed. 
18.  Appointment of staff of society .— (1) A society may appoint such number of
officers and other employees as may be necessary for carrying out its functions under this
Act.
(2) The conditions of appointment and service and scales of pay of the officers
and servants referred to in sub-section (1) shall be such as may be prescribed.
19. Grants and loans by Government.—The Government may, after due appropriation
made by the Legislative Assembly in this behalf, pay to the societies by way of grants or
loans such amounts as they consider necessary.
20.  Power of society to borrow .—A society may, from time to time, subject to the
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provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any
sum required for the purposes of this Act.
21. Investment of funds.— A society may invest or deposit its funds— 
(a) in Government Savings Bank; or 
(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882
(Central Act 2 of 1882); or 
(c) in any bank approved for the purpose by the Director; or
(d) in any other prescribed manner.
22.  Restriction on borrowings .—A society shall receive deposits and loans only to
such extent and under such conditions as may be prescribed or as may be specified in the
bye-laws.
23. Restrictions on loans.— A society shall not make a loan to any person other than a
member:
Provided that, with the general or special sanction of the Director, a society may make
loans to another society.
24.  First  charge  of  society  on  certain  assets.—(1)  Notwithstanding  anything
contained in any law for the time being in force, but subject to any prior claim of the
Government in respect of land revenue or any money recoverable as land revenue, any debt
or outstanding demand owing to a society by any member or past member or deceased
member shall be a first charge—
(a) upon the fishing implements of such member for the purchase of which the
loan was taken from the society by such member; and 
(b) upon any other property purchased in whole or in part out of any loan
given by the society. 
(2) No person shall transfer any property which is subject to a charge under sub-
section (1) except with the previous permission in writing of the society which holds the
charge.
(3) Notwithstanding anything contained in any law for the time being in force,
any transfer of property made in contravention of the provisions of sub-section (2) shall be
void.
(4) The charge created under sub-section (1) shall be available as against any
claim of the Government arising from any loan granted by them after the grant of the loan by
the society.
25. Constitution of Fund .—(1) There shall be formed a Fund for each society to be
called the Fisheries Village Society's Fund of the fisheries village for which the society is
constituted and there shall be credited thereto—
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(a) any grants or loans that may be made by the Government under section 19;
(b) any grants or loans that may be made by any person or institution for the
purposes of this Act; and 
(c) all sums realized by the societies in carrying out the measures referred to in
section 17.
(2) The Fund shall be administered by the committee subject to such rules as may
be made in this behalf and shall be applied—
(a) for meeting the salaries, allowances and other remunerations of the officers
and other employees of the society;
(b) for meeting the other administrative expenses of the society; 
(c) for meeting the cost of the measures referred to in section 17; and
(d) for repayment of any loans from the Government or from any person or
institution.
26. Inquiry  by  Director.—(1)  The  Director  may,  of  his  own  motion  or  on  the
application of a society, by himself or by a person authorized by him by order in writing, hold
an inquiry into the constitution, working and financial condition of a society.
(2) An inquiry of the nature referred to in sub-section (1) shall be held on the
application of—
(a) a majority of the members of the committee; or
(b) not less than one-third of the total number of members of the society or the
number of members required for the quorum of the general body, whichever is less. 
(3) The Director or the person authorized by him under sub-section (1) shall, for
the purpose of an inquiry under this section, have the following powers, namely:—
(a) he shall, at all reasonable times, have free access to the books, accounts,
documents, securities, cash and other properties belonging to, or in the custody of, the society
and may summon any person in possession of, or responsible for the custody of, any such
books, accounts, documents, securities, cash or other properties, to produce the same at any
place at the headquarters of the society or any branch thereof; 
(b) he may summon any person who, he has reason to believe, has knowledge
of any of the affairs to the society to appear before him at any place at the headquarters of the
society or any branch thereof and may examine such person on oath; and 
(c) (i) he may, notwithstanding any rule or bye-law specifying the period of
notice for a general body meeting of the society, himself call a general body meeting or
require the President or Secretary to call a general body meeting at such time and place at the
headquarters of the society or any branch thereof to determine such matters as may be
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directed by him;
(ii) any meeting called under sub-clause (i) shall have all the powers of a
general body meeting called under the bye-laws of the society.
(4) When an inquiry is made under this section, the Director may communicate
the result of the inquiry to the Government with his recommendations.
(5) When an inquiry made under this section reveals only minor defects which, in
the opinion of the Director, can be remedied by the society, he may communicate the result of
the inquiry to the society and may also direct the society or its officers to take such action
within the time specified therein to remedy the defects disclosed in such inquiry.
27.  Supervision and inspection .—(1) The Director shall  supervise  or cause to  be
supervised by a person authorized by him by general or special order in writing in this behalf,
the working of every society as frequently as he may consider necessary.
(2) The supervision under sub-section (1) may include an inspection of the books
of the society.
(3) The Director or any person authorized by the Director under sub-section (1)
shall at all reasonable times have free access to the books, records and accounts of the society
and may summon any person in possession of, or responsible for the custody of, any such
books,  records  and  accounts,  to  produce  the  same  for  inspection  at  any  place  at  the
headquarters of the society or any branch thereof.
(4) It shall be the duty of every officer and employee of the society to assist in
such supervision or inspection and to furnish any information that may be required for the
purpose.
(5) The Director or the person authorized by him under sub-section (1) may, by
order in writing, direct the society or its officers to take such action as may be specified in
such order within the time that may be mentioned in such order.
28.  Powers of revision of Director and Government .—(1) The Director may of his
own motion or on application call for and examine the record of any officer subordinate to
him, and the Government may of their own motion or an application call for and examine the
record of the Director, or any officer subordinate to him, in respect of any proceeding under
this Act or any rule made thereunder to satisfy himself or themselves as to the regularity of
such proceeding or the correctness, legality or propriety of any decision passed or order made
therein and if in any case it appears to the Director or the Government that any such decision
or order should be modified, annulled, reversed or remitted for reconsideration, he or they
may pass orders accordingly :
Provided that every application to the Director or the Government for the exercise of
the powers under this section shall be preferred with in three months from the date on which
the proceeding, decision or order to which the application relates was communicated to the
applicant. 
(2) No order prejudicial to any person shall be passed under sub-section (1)
unless such person has been given an opportunity of making his representation.
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(3)  The  Director  or  the  Government,  as  the  case  may  be,  may  suspend  the
execution of the decision or order pending the exercise of his or their power under sub-
section (1) in respect thereof.
(4) The Director or the Government may award costs in proceedings under this
section to be paid either out of the funds of the society or by such party to the application for
revision as the Director or the Government may deem fit.
29. Mode of recovery of sums payable to society .—Any sum due to a society under
this Act or any rules made thereunder shall, without prejudice to any other mode of recovery,
be recoverable on behalf of the society as an arrear of public revenue due on land.
30. Accounts and audit .—(1) Every society shall maintain proper accounts and other
relevant  records  and  prepare  an  annual  statement  of  accounts  in  such  form  as  may  be
prescribed in consultation with the Examiner of Local Fund Accounts.
(2) The accounts of each society shall be audited by the Examiner of Local Fund
Accounts at such intervals as may be specified by him.
(3) The Examiner of Local Fund Accounts and any person appointed by him in
connection with the audit of the accounts of the societies shall have such rights and privileges
as may be prescribed.
(4) No contribution shall be recovered by the Government from the societies
towards the pay and allowances of any person appointed in connection with the audit of the
accounts of the societies or towards any other expenditure involved in such audit.
(5) The accounts of each society as certified by the Examiner of Local Fund
Accounts  together  with  the  Audit  Report  thereon  shall  be  forwarded  annually  to  the
Government.
31. Directions by Government.—(1) The Government may, from time to time, give to
a society general instructions, not inconsistent with the provisions of this Act, to be followed
by the society.
(2) In the performance of its functions under this Act, a society shall not depart
from  any  general  instructions  given  under  sub-section  (1),  except  with  the  previous
permission of the Government.
32.  Protection of action taken in good faith .— No suit, prosecution or other legal
proceedings shall lie against the Government or the Director or any member of the committee
or any officer or employee of the Government or a society 6[or an officer appointed under the
provisions of this Act] for anything which is in good faith done or intended to be done under
this Act or the rules or bye-laws made thereunder.
33. Power to make rules .—(1) The Government may, by notification in the Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
6 Inserted by Act 26 of 1986 (w.e.f 29th November, 1984).
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such rules may provide for all or any of the following matters, namely:—
(a) the matters in respect of which a society may make bye-laws; 
(b) the procedure to be followed for the making of bye-laws and cancellation
or amendment of any bye-law, the publication thereof and the date on which they shall come
into effect; 
(c) the election of members of the committee by the general body of a society;
(d) the requisitioning of a general body meeting of a society;
(e) the qualifications or disqualifications for membership of the committee of a
society; 
(f) the qualifications of employees of societies; 
(g)  the  prohibition  against  members  of  the  committee  of  a  society  being
interested in contracts with the society; 
(h) the mode of investment of funds of a society; 
(i) the restrictions on transactions of a society with non-members;
(j) the procedure for the recovery of amounts due or payable to a society; 
(k) the account books and registers to be kept by a society and power of the
Director to call for any returns of direct the accounts and books to be written up; 
(l) the manner of certification of entries in the books of a society and copies of
documents kept by it in the course of its business;
(m) the statements and returns to be furnished by a society to the Director;
(n) any other matter which has to be, or may be, prescribed under this Act.
(3)  Every rule made under this section shall be laid, as soon as may be after it is
made, before the Legislative Assembly while it is in session for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and if, before the
expiry  of  the  session  in  which  it  is  so  laid  or  the  session  immediately  following,  the
Legislative Assembly makes any modification in the rule or decides 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.
34. Power to make bye-laws .—(1) A society may, with the approval of the Director,
make bye-laws not inconsistent with the provisions of this Act or the rules made thereunder,
for carrying out any of the purposes for which it is constituted.
(2) The Director may cancel or amend any bye-law made by a society:
 Provided that the society shall be given an opportunity to express its views before
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any bye-law is cancelled or amended.
35. Repeal and saving.—(1) The Kerala Fishermen Welfare Societies Ordinance, 1980
(9 of 1980), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.
 
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