LexThe Maharashtra Marine Fishing Regulation Act, 1981.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1981 : Mah. LIV] 1
THE MAHARASHTRA MARINE FISHING REGULATION ACT, 1981
[Text as on 25th July 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement.
2. Definitions.
3. Constitution of Advisory and Monitoring Committees.
CHAPTER II
REGULATION OF FISHING
4. Power to regulate, restrict or prohibit certain fishing activities within specified area.
5. Prohibition of use of fishing vessels in contravention of any order made under section 4.
6. Licensing of fishing vessels.
7. Prohibition of using fishing vessels which are not licensed.
8. Cancellation, suspension and amendment of licence.
8A. Licensing of master or Operator (tandel).
9. Registration of vessels.
10. Information to be given to Registration Officer about movement of fishing vessel and his
permission to be obtained.
11. Returns to be made by owners of registered fishing vessels.
12. Finality of orders under sections 6, 8 and 9.
13. Appeals against orders refusing grant of license or registration, etc.
CHAPTER III
PENALTIES
14. Power to enter and search fishing vessel.
15. Disposal of seized fish.
16. Adjudication.
17. Imposition of penalty.
18. Appeals against order of Adjudicating Officer and Appellate Authorities.
19. [Deleted].
20. Power of Adjudicating Officer and the Appellate Authorities in relation to holding inquiry
under this Act.
21. General provision for punishment of offences.
2 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
21A. Cognizance of offences.
22. Offences by companies.
CHAPTER IV
MISCELLANEOUS
23. Exemptions.
24. Protection of action taken in good faith.
25. Power to make rules.
26. Saving.
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 30 of 20151 (1-6-2015)
2. Amended by Mah. 16 of 20222 (23-11-2021)3
1 Maharashtra Ordinance No. 8 of 2015 was repealed by Mah. 30 of 2015, s. 4.
2 Maharashtra Ordinance No. 12 of 2021 was repealed by Mah. 16 of 2022, s. 18.
3 This Act come into force on 23rd November 2021 (except sub-section (2) of section 6 and section 7).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 5
MAHARASHTRA ACT No. LIV OF 19811
[THE MAHARASHTRA MARINE FISHING REGULATION ACT, 1981.]
[This Act received the assent of the Governor on the 19th September 1981; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 23rd September 1981.]
An Act to provide for the regulation of fishing by fishing vessels in the sea along
the coast line of the State of Maharashtra.
WHEREAS it is expedient to provide for the regulation of fishing by fishing vessels in the sea
along the coast line of the Stat e of Maharashtra and for matters connected therewith or incidental
thereto ; It is hereby enacted in the Thirty-second Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Marine Fishing Regulation Act, 1981.
(2) It extends to the whole of the State of Maharashtra (including the territorial waters).
(3) It shall come into force on such date 2 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
3[(a) “Adjudicating Officer ” means the Assistant Commissioner of Fisheries having
jurisdiction to exercise the powers conferred on, and discharge the duties imposed upon, an
Adjudicating Officer by this Act ;]
4[(a-i) “Advisory and Monitoring Committee” means the State Advisory and Monitoring
Committee constituted under section 3 ;]
5* * * * *
(c) “Enforcement Officer ” means the Assistant Fisherie s Development Officer having
jurisdiction, and includes any other Officer of the 6[Commissionerate of Fisheries], not below the
rank of Assistant Fisheries Development Officer, authorised by the State Government, by
notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties
imposed upon, an Enforcement Officer by this Act, in such area as may be specified in the
notification ;
7[(c-i) “fish” means finfish, molluscs, crustaceans and all other forms of marine animal and
plants other than marine mammals, reptiles and sea birds ;
(c-ii) “fisheries” means “fishing” and “fishing related activities” and includes,—
(i) searching for or tracking or trailing or pursuing fish;
(ii) catching or taking or harvesting of fish by any method;
(iii) landing, packaging, marketing, processing, preserving, transshipping or
transporting of fish ;
(iv) any operations at sea directly linked to any activity described under this clause ;
1 For Statement of Objects and Reasons of the L. A. Bill No. LXXXIII of 1981, see Maharashtra Government Gazette
1981, Extraordinary, Part V, dated 10th September 1981, p. 591.
2 4th day of August 1982, vide G. N., A & C. D., No. FDX -1481/22167/181/12-ADF, dated the 2 nd August 1981. (M.G.G.
Part-IV B, p. 799).
3 This clause was substituted by Mah. 16 of 2022, s. 2(1).
4 This clause was inserted by Mah. 16 of 2022, s. 2(2).
5 Clause (b) was deleted by Mah. 16 of 2022, s. 2(3).
6 These words were substituted for the words “Directorate of Fisheries” by Mah. 16 of 2022, s. 2(4).
7 These clauses were inserted by Mah. 16 of 2022, s. 2(5).
6 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
(c-iii) “fishing gear” means tools such as any net, cage, trap or other contrivance used to
capture “fish” and used in “fishing related activities” ;]
1[(d) “fishing vessel” means a boat , ship or vessel, whether or not fitted with mechanical
means of propulsion, which is engaged in sea fishing for profit, and includes,—
(i) a non-motorized vessel,
(ii) a motorized vessel, and
(iii) a mechanized vessel,
engaged in sea fishing for profit ;]
(e) “Licensing Officer” means the Assistant Fisheries Development Officer having
jurisdiction, and includes any other officer of the 2[Commissionerate of Fisheries], not below the
rank of Assistant Fisheries Development Officer, authorised by the State Gover nment, by
notification in the Official Gazette, to exercise the powers conferred on, and discharge the duties
imposed upon, a Licensing Officer by this Act, in such area as may be specified in the
notification ;
3[(e-i) “master”, in relation to a fishing vessel, means any person having command or
charge of the vessel or having the responsibility of the vessel ;
(e-ii) “mechanized vessel” means any fishing vessel with engine permanently fitted in
the hull, which uses mac hine power for propulsion as well as fishing operation like casting
and pulling of fishing gear, engaged in sea fishing for profit ;
(e-iii) “motorized vessel” means any fishing vessel that has an engine fitted outside or
inside on vessel which is used only for propulsion and not for fishing operation ;
(e-iv) “non-motorized vessel” means any fishing vessel that does not use any engine
(mechanical) power for propulsion as well as fishing operation ;
(e-v) “operator” (tandel) means any person or enterprise, that controls the operation or
management of a fishing vessel or who has assumed the responsibility for the operation of
the vessel ;
(e-vi) “owner”, in relation to a fishing vessel, means the owner of the vessel as well as
any other person, including any organization or association of person, whether incorporated
or not, by whom the vessel or a share in the vessel is owned ;]
(f) “Port” means the space within such limits as may, from time to time, be defined by the
State Government, by notification in the Official Gazette, for the purpose of this Act ;
(g) “prescribed” means prescribed by rules made under this Act ;
(h) “registered fishing vessel” means a fishing vessel registered under section 9 ;
4[(i) ‘‘Registration Officer’’ means the Assistant Commissioner of Fisheries and includes
any other Officer authorised by the State Government by notification in the Official Gazette, to
exercise the powers conferred on, and discharge the duties imposed upon, a Registration Officer
by this Act, in such area as may be specified in the notification ;]
(j) “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 State Government, by notification in the
Official Gazette ;
1 Clause (d) was substituted by Mah. 16 of 2022, s. 2(6).
2 These words were substituted for the words “Directorate of Fisheries” by Mah. 16 of 2022, s. 2(7).
3 These clauses were inserted by Mah. 16 of 2022, s. 2(8).
4 This clause was substituted by Mah. 30 of 2015, s. 2.
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 7
(k) “ State” means the State of Maharashtra, and includes the territorial waters along the
entire coast line of that State;
1[(l) “sustainable fishing” means fishing activities that do not cause or lead to undesirable
changes in th e biological and economic productivity, biological diversity or ecosystem structure
and functioning from one human generation to the next.]
3. 2[Constitution of Advisory and Monitoring Committee].— 3[(1) There shall be a State
Advisory and Monitoring Committee to exercise the powers conferred on and discharge the duties
imposed upon it under this Act.
(1-A) The State Advisory and Monitoring Committee shall consist of the following members,
namely :—
(i) Commissioner of Fisheries, Maharashtra
State
Chairperson ;
(ii) Divisional Commissioner of Konkan
Division or his representative
Member ;
(iii) Chief Executive Officer of
Maharashtra Maritime Board
Member ;
(iv) Deputy Inspector General of Indian
Coast Guard
Member ;
(v) Inspector General of Police, Coastal
Security and Security
Member ;
(vi) Deputy Secretary (Fisheries),
Agriculture, Animal Husbandry,
Dairy Development and Fisheries
Department
Member ;
(viii) Joint Commissioner of Fisheries
(Marine)
Member -
Secretary.
(1-B) The Advisory and Monitoring Committee may invite two representatives from the Central
or State Government recognized research institute having knowledge in fisheries as special invitees.
The special invitees may participate in the discussion in the meeting of the Advisory and Monitoring
Committee, but they shall not have right to vote.
(1-C) The A dvisory and Monitoring Committee shall recommend to the State Government the
regulations to be enforced under Chapter II. The Advisory and Monitoring Committee may take into
consideration recommendations of the District Committees, if any, before recommending the said
regulations to the State Government. The Advisory and Monitoring Committee shall coordinate,
monitor and give advice or direc tions to the District Committees, in exercise of the powers conferred
on, and duties imposed upon them under this Act.]
(2) The 4[Advisory and Monitoring Committee shall recommend ] the State Government on the
following issue which may come up for consideration while enforcing the Act :—
(i) reservation of specified areas of the sea for fishing by vessels of a specified type ;
(ii) prohibition of vessels of specified type or specif ied types from fishing in any specified
area ;
1 Clause (l) was added by Mah. 16 of 2022, s. 2(9).
2 This words were substituted for the words “Constitution of Advisory Committee” by Mah. 16 of 2022, s. 3(4).
3 These sub-sections were substituted for sub-section (1) by Mah. 16 of 2022, s. 3(1).
4 These words were substituted for the words “Committee shall advise” by Mah. 16 of 2022, s. 3(2).
8 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
(iii) laying down maximum number of fishing vessels of specified type to be allowed for
fishing in specified area ;
(iv) laying down the maximum number of fishing vessels of specified types to be registered
in each of the ports in the District ;
(v) regulation or prohibition to catch specified species of fish in any specified areas ;
(vi) regulation or prohibition of specified fishing gear in specified areas ;
(vii) prescribe timings for fishing operations where necessary ;
(viii) any other matter which would facilitate effective enforcement of the provisions of the
Act.
1[(3) ( a) There shall be a District Committee for each coastal district, with Collector as the
Chairperson; and Superintendent of Police , Commandant Coast Guard and Port Officer as the
Members; and Assistant Commissioner, Fisheries as a Member-Secretary.
(b) The Chairperson shall co -opt representatives of the other Government Departments and
of the fishermen and trade, as he may deem fit.
(c) The District Committee shall recommend to the Advisory and Monitoring Committee
the regulations to be enforced under Chapter II in the District.]
CHAPTER II
REGULATION OF FISHING
4. Power to regulate, restrict or prohibit certain fishing activities within specified area.— (1) The
State Government may, having regard to the matters referred to in sub -section ( 2) and after
consultation with 2[the Advisory and Monitoring Committee], by order notified in the Official Gazette,
regulate, restrict or prohibit,—
(a) the fishing in any specified area by such class or classes of fishing vessels as may be
specified ; 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 orders ; or
3[(c-i) number of crew members and fishing gear in case of different fishing ve ssels and
types of fishing; or]
(d) the use of such fishing gear in any specified area as may be prescribed.
(2) In making an order under sub -section ( 1), the State Government shall have regard to the
following matters, namely :—
(a) the need to protect the interests of different sections of persons engaged in fis hing,
particularly those engaged in fishing using traditional fishing craft such as country craft or canoe ;
(b) The need to conserve fish and to regulate fishing on a scientific basis 4[and for
sustainable Fishing ;]
(c) the need to maintain law and order in the sea ;
1 This sub-section was added by Mah. 16 of 2022, s. 3(3).
2 These words were substituted for the words “the Advisory Committee” by Mah. 16 of 2022, s. 4(1)(i).
3 This clause was inserted by Mah. 16 of 2022, s. 4(1)(ii).
4 These words were added by Mah. 16 of 2022, s. 4(2).
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 9
(d) any other matter that may be prescribed.
1[(3) The f ishermen and their co-operative societies shall be bound to comply with any
instructions or directions issued by the Coastal Police and officers of Fisheries Department, from time
to time, for safety of fishermen and law and order.]
5. Prohibition of use of fishing vessels in contravention of any order made under
section 4. — No owner or 2[master or operator (tandel)] of a fishing vessel shall use, or cause or allow
to be used, such fishing vessel for fishing in any manner which contravenes an order made under
section 4 :
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 specified area,
for the purpose of fishing in such other area or for any other purpose :
Provided further that the passing of such fishing vessel through any specified area shall not in any
manner cause any damage to any fishing nets or tackles belonging to any person who engages in
fishing in the specified area by using any 3[non-motorized vessel or motorized vessel or mechanized
vessel.]
6. Licensing of fishing vessels.— (1) The owner of a fishing vessel may make an application to
the Licensing 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 Licensing Officer may after making such inquiry 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 the fishing vessel,
a licence for using such fishing vessel for fishing in the specified area or specified areas mentioned in
such licence :
Provided that, before making any order refusing to grant a licence, the Licen sing Officer shall
give a reasonable opportunity of being heard to the applicant.
(4) In granting or refusing licence under sub -section (3), the Licensing Officer shall have regard
to the following matters, namely :—
(a) whether the fishing vessel is a registered fishing vessel ;
(b) the condition of the fishing vessel, including the accessories and fishing gear with which
it is fitted ;
(c) any order made under section 4 ;
4[(c-i) whether the fishing vessel has seaworthiness certificate of such a uthority as may be
prescribed;]
5[(c-ii) whether master or operator ( tandel) who operated motorized or mechanized fishing
vessels possess license and are trained in sea navigation;]
(d) any other matter that may be prescribed.
(5) A licence granted under this section shall be in such form and 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 :
1 This sub-section was added by Mah. 16 of 2022, s. 4(3).
2 These words were substituted for the word “master” by Mah. 16 of 2022, s. 5(1).
3 These words were substituted for the words “Traditional Fishing Craft such as country craft or canoe” by Mah. 16 of
2022, s. 5(2).
4 This clause was inserted by Mah. 16 of 2022, s. 6(1).
5 This clause was inserted by Mah. 16 of 2022, s. 6(2).
10 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
Provided that diffe rent fees, and different amounts by way of security, may be prescribed in
respect of licences for different classes of fishing vessels.
(6) A licence granted under this section shall be valid for a period of three years which may be
renewed for similar periods from time to time.
7. Prohibition of using fishing vessels which are not licensed. — No persons shall, after the
commencement of this Act, carry on fishing in any specified area using a fishing vessel which is not
licensed under section 6 :
Provided that nothing in this section shall apply to any fishing vessel, which was being used for
fishing immediately before the commencement of this Act, for a period of six months from such
commencement, or such longer period as the State Government may, by noti fication in the Official
Gazette, specify.
8. Cancellation, suspension and amendment of licence. — (1) If the Licensing Officer is
satisfied, either on a reference made to him in this behalf or otherwise, that—
(a) a licence granted under section 6 has been obtained by miscrepresentation as to an
essential fact; or
(b) the holder of licence has, without reasonable cause, failed to comply with the conditions
subject to which the licence has been granted or has contravened any of the provisions of this Act
or any order or rule made thereunder, then, without prejudice to any other penalty to which the
holder of the licence may be liable under this Act, the Licensing Officer may, after giving the
holder of the licence a r easonable opportunity of showing cause, suspend or cancel the licence or
forfeit the whole or any part of the security, if any, furnished for the performance of the
conditions, subject to which the licence has been granted.
(2) Subject to any rules that m ay be made in this behalf, the Licensing Officer may also vary or
amend a licence granted under section 6, after recording the reasons therefor.
1[8A. Licensing of master or operator ( tandel).— (1) The master or operator ( tandel) of a
motorized or mechanized fishing vessel shall make an application to the licensing officer for the grant
of a license for operating such a fishing vessel.
(2) The master or operator ( tandel) of a motorized or mechanized fishing vessel possessing such
necessary qualification and such training certificate in sea navigation as may be prescribed shall be
eligible to get a license for operating fishing vessel.
(3) Every application under sub -section ( 1) shall be in such form, contain such particulars,
including necessary qualification and details of training, and b e accompanied by such fees, as may be
prescribed. A licence granted under this section shall be in such form and subject to such conditions, as
may be prescribed.]
9. Registration of vessels. — (1) The owner of very vessel used or intended to be used for
purpose of fishing and kept in the State shall register such vessel under this Act.
(2) Every application for registration of such vessel shall be made by the owner thereof to the
Registration Officer in such form, and shall be accompanied by such fees, as may be prescribed—
(a) before the expiration of one month from the date on which he first became the owner of
such vessel; or
(b) before the expiration of three months from the commencement of this Act ; whichever is
later :
Provided that the Registration Officer may, for sufficient reason to be recorded in writing, extend
the time-limit for registration by such period as he thinks fit.
1 This section was inserted by Mah. 16 of 2022, s. 7.
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 11
(3) The Registration Officer shall issue to the owner of the vessel registered by him a certificate
of Registration in the prescribed form and shall enter in a register to be kept by him, in such form as
may be prescribed, the particulars of such certificate.
(4) Registration once made shall continue to be in f orce until it is cancelled by the Registration
Officer.
(5) Every vessel registered under this section shall carry a registration mark, assigned to it by the
Registration Officer, displayed in the prescribed manner.
(6) No vessel, other than a registered fishing vessel, shall be entitled to a licence under section 6.
10. Information to be given to Registration Officer about movement of fishing vessel and
his permission to be obtained. — (1) Every owner of the fishing vessel shall declare his base port in
the application for registration of the vessel.
(2) After registration of the vessel at a specified port, the owner of the vessel shall operate the
vessel only from that port.
(3) In case the owner of the vessel intends to operate the vessel from a port other than the port
specified in the registration certificate, he shall apply in writing to the Registration Officer indicating
clearly the name of the port and the period for whic h the vessel will operate from that port. He shall
shift the base of operation only after obtaining permission in writing from the Registration Officer. The
Registration Officer reserves the right to refuse permission or even to cancel the permission grant ed,
after giving one month’s notice and after giving reasonable opportunity to show cause to the owner.
The owner of the vessel to whom permission granted is cancelled shall shift his vessel from the
temporary port within 24 hours after receipt of such order cancelling the permission.
11. Returns to be made by owners of registered fishing vessels. — (1) Every owner of a
registered fishing vessel shall furnish to the Registration Officer at the prescribed time and in the
prescribed manner such returns as may be prescribed.
(2) The Registration Officer may inspect any registered fishing vessel at any tim e to verify the
accuracy of any return made under this section.
12. Finality of orders under sections 6, 8 and 9. — Every decision of the Licensing Officer or
the Registration Officer under section 6, section 8 or section 9, granting or refusing to grant licence for
a fishing vessel or suspending, cancelling, varying or amending such licence or registration or
cancellation of registration of a vessel, as the case may be, shall, subject to any right of appeal under
section 13, be final.
1[13. Appeals against orders refusing grant of license or registration, etc.— (1) Any person
aggrieved by an order of the Licensing Officer refusing to grant licen ce for a fishing vessel or
suspending, cancelling, varying or amending such licence or of the Registration Officer refusing to
register a vessel or cancelling the registration of such vessel may, within thirty days from the date on
which the order is communicated to him, prefer an appeal to the First Appellate Authority i.e the
Commissioner of Fisheries, Maharashtra State.
(2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days
from the date on which the order is communicated to him, prefer an appeal to the Second Appel late
Authority i.e the Government :
Provided that , the Appellate Authorit ies may entertain an 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.
1 This section was substituted by Mah. 16 of 2022, s. 8.
12 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
(3) On receipt of an appeal under sub -section ( 1) or ( 2), the Appellate Authority shall , after
giving an appellant a reasonable opportunity of being heard, pass such orders thereon , as it deems fit ,
as expeditiously as possible.
(4) The order of the First Appellate Authority shall be final in case second appeal is not filed and
in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]
CHAPTER III
PENALTIES
14. Power to enter and search fishing vessel.— Any Enforcement Officer may, if he has reason
to believe that any fishing vessel is being, or has been, used in contravention of any of the provisions of
this Act, or of any order or rule made thereunder or of any of the conditions of the licence, enter and
search such vessel and 1[seize such vessel including accessories and fishing gear with which it is fitted
and any fish found in it.]
15. Disposal of seized fish.— (1) The Enforcement Officer referred to in section 14 shall keep
the fishing vessel, 2[seized] in such place and in such manner as may be prescribed.
(2) In the absence of suitable facilities for the storage of the fish seized, the Enforcement Officer
may, if he is of the opinion that the 3[disposal of such fish within fourty-eight hours] and deposit the
proceeds thereon in the prescribed manner in the office of the Adjudicating Officer.
16. Adjudication.— (1) Where any Enforcement Officer has reason to believe that any fishing
vessel is being, or has been, used in contravention of any of the provisions of this Act, or any order or
rule made thereunder or of any of the conditions of the licence, he shall make a report thereof to the
Adjudicating Officer.
(2) The Adjudicating Officer shall hold an inquiry into the matters mentioned in the report, in the
prescribed manner after giving all the parties concerned a reasonable opportunity of being heard.
4[17. Imposition of penalty.— (1) The Adjudicating Officer shall, after the inquiry is held under
section 16, 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 orde r or rule made thereunder or of any of
the conditions of the licence.
(2) When such person is found guilty by the Adjudicating Officer, he may, by order , in writing
impose on such person a penalties specified in this section.
(3) Whoever uses or causes or allowes to be used any fishing vessel engaged in fishing or fishing
related activities in the specified area without obtaining a valid licence under this Act shall be liable
for,—
(a) in case where the vessel is non-motorized fishing vessel,—
(i) penalty of one thousand rupees for the first contravention ;
(ii) penalty of two thousand rupees for the second contravention ;
(iii) penalty of five thousand rupees for the third or subsequent contraventions ;
(b) in case where the vessel is motorized fishing vessel which operates with engine capacity
up to 20hp,—
(i) penalty of three thousand rupees for the first contravention ;
1 These words were substituted for the words “impound such vessel and seize any fish found in it” by Mah. 16 of 2022, s.
9.
2 This word was substituted for the word “impounded” by Mah. 16 of 2022, s. 10(1).
3 These words were substituted for the words “dispose of such fish” Mah. 16 of 2022, s. 10(2).
4 This section was substituted by Mah. 16 of 2022, s. 11.
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 13
(ii) penalty of five thousand rupees for the second contravention ;
(iii) penalty of ten thousand rupees for the third or subsequent contraventions ;
(c) in case where the vessel is motorized fishing vessel which operates with engine capacity
above 20hp upto 120hp,—
(i) penalty of ten thousand rupees for the first contravention ;
(ii) penalty of twenty thousand rupees for the second contravention ;
(iii) penalty of thirty thousand rupees for the third or subsequent contraventions ;
(d) in case where the vessel is motorized fishing vessel which operates with engine capacity
above 120 hp ,—
(i) penalty of twenty five thousand rupees for the first contravention ;
(ii) penalty of fifty thousand rupees for the second contravention ;
(iii) penalty of one lakh rupees for the third or subsequent contraventions ;
(e) in case where the vessel is a mechanized fishing vessel of less than twelve meters length
over all,—
(i) penalty of ten thousand rupees for the first contravention ;
(ii) penalty of twenty thousand rupees for the second contravention ;
(iii) penalty of fifty thousand rupees for the third or subsequent contraventions ;
(f) in case where the vessel is a mechanized fishing vessel between twelve and twenty
meters (both inclusive) length over all,—
(i) penalty of forty thousand rupees for the first contravention ;
(ii) penalty of one lakh rupees for the second contravention ;
(iii) penalty of two lakh rupees for the third or subsequent contraventions ;
(g) in case where the vessel is a mechanized fishing vessel of more than twenty meters
length over all,—
(i) penalty of two lakh rupees for the first contravention ;
(ii) penalty of five lakh rupees for the second or subsequent contraventions.
(4) Whoever uses or caused or allowes to be used any fishing vessel engaged in fishing or fishing
related activities in the specified area in contravention of,—
(i) conditions of license; or
(ii) safety and security of fishermen and fishing vessels; or
(iii) spatial and temporal closures and Monsoon fishing ban; or
(iv) prohibition of destructive fishing methods; or
(v) regulations in respect of matters other than those specified in sub-sections (5), (6) and (8);
shall be liable for,—
(a) in case where the vessel is a non-motorized fishing vessel,—
(i) penalty of one thousand rupees for the first contravention ;
(ii) penalty of two thousand rupees for the second contravention ;
(iii) penalty of five thousand rupees for the third or subsequent contraventions ;
(b) in case where the vessel is motoriz ed fishing vessel which operates with engine
capacity upto 20hp,—
(i) penalty of three thousand rupees for the first contravention ;
14 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
(ii) penalty of five thousand rupees for the second contravention ;
(iii) penalty of ten thousand rupees for the third or subsequent contraventions ;
(c) in case where the vessel is motorized fishing vessel which operates with engine
capacity above 20hp upto 120hp,—
(i) penalty of seven thousand rupees for the first contravention ;
(ii) penalty of fifteen thousand rupees for the second contravention ;
(iii) penalty of twenty five thousand rupees for the third or subsequent
contraventions;
(d) in case where the vessel is motorized fishing vessel which operates with engine
capacity above 120 hp,—
(i) penalty of twenty thousand rupees for the first contravention ;
(ii) penalty of forty thousand rupees for the second contravention ;
(iii) penalty of eighty thousand rupees for the third or subsequent contraventions;
(e) in case where the vessel is a mechanized fishing vessel of less than twelve meters
length over all,—
(i) penalty of five thousand rupees for the first contravention ;
(ii) penalty of ten thousand rupees for the second contravention ;
(iii) penalty of twenty thousand rupees for the third or subsequent
contraventions ;
(f) in case where the vessel is a mechanized fishing vessel between twelve and twenty
meters (both inclusive) length over all,—
(i) penalty of twenty thousand rupees for the first contravention;
(ii) penalty of fifty thousand rupees for the second contravention ;
(iii) penalty of one lakh rupees for the third or subsequent contraventions ;
(g) in case where the vessel is a mechanized fishing vessel of more than twenty meters
length over all,—
(i) penalty of one lakh rupees for the first contravention ;
(ii) penalty of two lakh rupees for the second contravention ;
(iii) penalty of five lakh rupees for the third or subsequent contraventions.
(5) Whoever contravenes an order under this Act relating to the regulation of purse seine or ring
seine (including mini purse seine) or Trawl net including mesh size shall be liable for,—
(i) penalty of one lakh rupees for the first contravention;
(ii) penalty of three lakh rupees for the second contravention;
(iii) penalty of six lakh rupees for the third or subsequent contraventions.
(6) Whoever contravenes an order under this Act relating to the regulation of destructive fishing
methods (bull or pair trawling, fish attractors, LED light fishing) shall be liable for,—
(i) penalty of minimum five lakh rupees for the first contravention ;
(ii) penalty of ten lakh rupees for the second contravention ;
(iii) penalty of twenty lakh rupees for the third or subsequent contraventions.
(7) Whoever contravenes an order under this Act relating to the regulation of the installation of
Turtle Excluding Device shall be liable for,—
(i) penalty of one lakh rupees for the first contravention;
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 15
(ii) penalty of two lakh rupees for the second contravention;
(iii) penalty of five lakh rupees for the third or subsequent contraventions.
(8) Whoever contravenes an order under this Act relating to the regulation of the Ban on Juvenile
Fishing shall be liable for,—
(a) in case where any fishing vessel catches juvenile fish of size less than minimum legal
size,—
(i) penalty of one lakh rupees for the first contravention;
(ii) penalty of two lakh rupees for the second contravention ;
(iii) penalty of five lakh rupees for the third or subsequent contraventions;
(b) in case where juvenile fish (minimum legal size fish) is purchased by the fish
merchant,—
(i) penalty of five times the value of the fish for first contravention ;
(ii) penalty of five lakh rupees for the second or subsequent contraventions.
(9) ( a) Whoever enters the territorial waters with the fishing vessel from outside the te rritorial
waters of the State for the purpose of fishing or for any other allied purpose in contravention of any
provisions of this Act or of any order or rule made thereunder shall be liable for,—
(i) penalty of two lakh rupees and five times the value o f fish captured by such person
for the first contravention;
(ii) penalty of six lakh rupees and five times the value of fish captured by such person
for the second or subsequent contraventions.
(b) Whenever any fishing vessel from outside territorial waters of the State enters in the
territorial waters of the State for the purpose of fishing or any other allied purpose in
contravention of any provisions of this Act or of any order or rule made ther eunder, it shall be
liable to be seized mandatorily for first such contravention including accessories and fishing gear
with which it is fitted and any fish found in it ; and fishing vessel with all Crew Members,
Operator (tandel) and Master including acces sories and fishing gear with which it is fitted shall
be handed over to police authorities for necessary action.
(10) The amount of any penalty imposed under this section shall be recoverable as an arrear of
land revenue.
(11) In addition to any penalty that may be imposed under this section, the Adjudicating Officer
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 this section 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 Adjudicating Officer deems fit ; or
(b) the fishing vessel including accessories and fishing gear with which it is fitted or fish
that may have been seized under section 14 shall be forfeited to the Government :
Provided that, no fishing vessel shall be forfeited under clause ( b), if the Adjudicating
Officer, 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 t he prevention of the
commission of such default.
(12) The defaulter fishing vessels and owner shall not be entitled for any type of benefits under
the Central-State assistance scheme or the State Government scheme.]
16 The Maharashtra Marine Fishing Regulation Act, 1981 [1981 : Mah. LIV
1[18. Appeals against order of Adjudic ating Officer and Appellate Authorities .— (1) Any
person aggrieved by an order of the Adjudicating Officer may, within thirty days from the date on
which the order is communicated to him, prefer an appeal to the First Appellate Authority having
jurisdiction, i.e. the Commissioner of Fisheries, Maharashtra State to hear such first appeal:
Provided that, the State Government may, whenever necessary, by notification in the Official
Gazette, appoint one or more First Appellate Authorities for such area in the Konkan Revenue
Division, as may be specified in the notification.
(2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days
from the date on which the order is communicated to him, prefer second appeal to the Government.
(3) Notwithstanding anything contained in sub -sections (1) and (2), the First Appellate Authority
or the Second Appellate Authority, as the case may be, may entertain any appeal after the expiry of the
said period of thirty days, but not after the expir y of sixty days from the date aforesaid, if it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) No appeal under this section shall be entertained by the First Appellate Authority, 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 First Appellate
Authority may, if it is of the opinion that the deposit to be made under this sub -section will cause
undue hardship to the appellant, by an order in writing, dispens e with fifty per cent. amount of such
deposit, either unconditionally or subject to such conditions as it may deem fit to impose.
(5) On receipt of an appeal under sub -section ( 1) or ( 2), the Appellate Authority may, after
holding such inquiry 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,—
(a) if the sum deposited by way of penalty under sub -section ( 4) exceeds the penalty
directed to be paid by the Appellate Authorities, the excess amount, or
(b) if the Appellate Authorities sets aside the order imposing penalty, the whole of the sum
deposited by way of penalty,
shall be refunded to the appellant.
(6) The order of the First Appellate Authority shall be final in case second appeal is not filed and
in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]
2* * * * * * *
20. Power of Adjudicating Officer and the 3[Appellate Authorities] in relation to holding
inquiry under this Act. — (1) The Adjudication Officer and the 4[Appellate Authorities] shall, while
holding an inquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of
1908), while trying a suit, in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of witnesses and examining them on oath ;
(b) requiring the discovery and production of any document ;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or copy thereof from any Court or office ;
(e) issuing commissions for the examination of witnesses or documents ;
(f) any other matter which may be prescribed.
1 This section was substituted by Mah. 16 of 2022, s. 12.
2 Section 19 was deleted by Mah. 16 of 2022, s. 13.
3 These words were substituted for the words “Appellate Board” by Mah. 16 of 2022, s. 14.
4 These words were substituted for the words “Appellate Board” by Mah. 16 of 2022, s. 14.
1981 : Mah. LIV] The Maharashtra Marine Fishing Regulation Act, 1981 17
(2) The Adjudicating Officer or the 1[Appellate Authorities] shall, while exercising any power
under this Act, be deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of
Criminal Procedure, 1973 (II of 1974).
21. General provision for punishment of offences. — Whoever contravenes any of the
provisions of this Act or any order of rule made thereunder or any of the conditions of the licence,
shall, without prejudice to any other action which may be taken against him under this Act, on
conviction, be punished with fine, which may extend to 2[ten thousand rupees and with further fine
which may extend to five hundred rupees ] for every day on which such contravention continues after
the first conviction.
3[21A. Cognizance of offences. — No Court shall take cognizance of any offence punishable
under this Act except upon a complaint in writing made by the Licensing Offi cer or an Enforcement
Officer.]
22. Offences by companies. — (1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was comm itted, was in charge of, and was
responsible to, the company for the conduct of the business of the company as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly :
Provided that nothing contained in this sub -section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1), where any offence under this Act has
been committed by a company, and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to, any neglect on the part of, any Director, Manager, Secretary or
other officer of the company, such Director, Manager, Secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.— For the purposes of this section—
(Excerpt shown. Open the full act in Lexace.