The ODISHA MARINE FISHING REGULATION ACT, 1981

Orissa Act No. 10 of 1982
*THE ORISSA MARINE FISHING
REGULATION ACT, 1981
[Received the assent of the Governor on the 15th June 1982, first published in an
extraordinary issue of the Orissa Gazette, dated the 22nd June 1982.]
AN ACT TO PROVIDE FOR THE REGULATION OF FISHING B Y FISHING
VESSELS IN THE SEA ALONG THE COAST LINE OF THE STATE.
BE it enacted by the Legislature of the State of Orissa in the Thirty-third
Year of the R epublic of India, a s follows :
Chapter-I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called
the Orissa Marine Fishing Regulation Act, 1982.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by
notification, appoint in that behalf.
2. Definitions. - In this Act, unless the context otherwise requires-
(a) “adjudicating officer” means any officer of the Fisheries Department,
not below the rank of an Assistant Director of Fisheries, authorised by the
Government by notification, to exercise the powers conferred on, and discharge
the duties imposed upon, an adjudicating officer by this Act for such area as may
be specified in the notification;
(b) “Appellate Board” means an Appellate Board constituted under Section
18;
(c) “authorised officer”  means such officer as the Government may, by
notification, authorise in respect of the matter to which reference is made in the
* Published vide Orissa Gazette Extraordinary No. 934 dated. 26.6.1982.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 934 Date : 26th June 1982
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provisions of this Act in which the expression occurs :
Provided that no officer shall be authorised to exercise the powers conferred
by Sections 14 and 15 unless he is an officer of the Fisheries Department not
below the rank of an Assistant Director of Fisheries;
(d) “fishing vessel”  means a ship or boat, whether or not fitted with
mechanical means of propulsion, which is engaged in sea-fishing for profit and
includes-
(i) a catamaran ;
(ii) a country craft; and
(iii) a canoe;
engaged in sea-fishing;
(e) “Government” means the State Government of Orissa;
(f) “port” means the space within such limits as may, from time, to time,
be defined by the Government, by notification, for the purposes of this Act;
(g) “registered fishing vessel” means-
(i) a fishing vessel registered under Section 11 of the Marine Products
Export Development Authority Act, 1972 (13 of 1972); or
(ii) a fishing vessel registered under Section 9;
(h) “sea” includes lakes which are connected to the sea;
(i) “specified area” means such area in the sea along the entire coast line
of the S tate but not beyond territorial waters, as may be specified by the
Government, by notification;
(j) “State” means the State of Orissa and includes the territorial waters
along the entire coast line of the State.
3. Authorisation of officers for the purposes of any provision of this
Act. - The Government may, by notification, authorise-
1[(a) any officer of the Government not below Group C;]
(b) any officer of the Central Government, not being an officer below
1[Group B] or a commissioned officer in the armed forces of the
Union, with the consent of that Government, to exercise the powers
conferred on, and discharge the duties imposed upon, an authorised
officer under this Act in such area as may be specified in the
notification.
Chapter-II
Regulation of fishing
4. Power to regulate, restrict or prohibit certain matters within
specified areas. - (1) The Government may, having regard to the matters referred
1. Substituted vide Orissa Gazette Extraordinary No. 1419, dated. 27.09.2006
3
to in Sub-section (4), by order notified in the official Gazette, regulate, restrict or
prohibit-
(a) fishing in any specified area by such class or classes of fishing
vessels as may be prescribed ; or
(b) the number of fishing vessels which may be used for fishing in any
specified area ; or
(c) catching any specified area of such species of fish and for such
period as may be specified in the notification; or
(d) the use of such fishing gear in any specified area as may be
prescribed;
Provided that any notified order issued under this sub-section prohibiting
fishing by fishing vehicles run by mechanised power shall be so made as to
cover at least an area of one kilometre in the sea adjoining the mouth of any river
relatable to such notified order.
(2) In making an order under Sub-section (1), the Government shall have
regard to the following matters, namely :
(a) the need to protect the interests of different sections of persons
engaged in fishing, particularly those engaged in fishing using
traditional fishing craft such as catamaran, country craft or canoe;
(b) the need to conserve fish and to regulate fishing on a scientific
basis;
(c) the need to maintain law and order in the sea;
(d) any other matter that may be prescribed.
5. Prohibition of use of fishing vessel in contravention of any order
made under Section 4. - No owner or master of a fishing vessel shall use, or
cause or allow to be used, such fishing vessel for fishing in any manner which
contravenes 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 a 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 traditional fishing craft such as catamaran, country craft or canoe.
6. Licensing of fishing vessels. - (1) The owner of a fishing vessel may
make an application to the authorised officer for the grant of a licence for using
such fishing vessel for fishing in any specified area.
(2) Every application under Sub-section (1) shall be in such form, contain
such particulars, and be accompanied by such fees, as may be prescribed.
(3) The authorised officer may, after making such enquiry as he deems fit
4
and having regard to the matters referred to in Sub-section (4) either 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 or refuse to grant the
licence :
Provided that not licence shall be granted in respect of any vessel which
is not a registered fishing vessel.
(4) In granting or refusing licence under Sub-section (2), the authorised
officer shall have regard to the following, namely :
(a) the condition of the fishing vessel including the accessories and
fishing gear with which it is fitted;
(b) any order made under Section 5;
(c) 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 :
Provided that different 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 the period specified
therein or for such extended period as the authorised officer may think fit to allow
in any case.
7. Prohibition of fishing using fishing vessels which are not licensed.-
No person 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 tor such period as may be notified by the Government.
8. Cancellation, suspension and amendment of licences. - (1) If the
authorised officer is satisfied either on a reference made to him in this behalf or
otherwise, that-
(a) a licence granted under Section 6 has been obtained by
misrepresentation as to an essential fact; or
(b) the holder of a licence has, without reasonable cause, failed to
comply with the conditions subject to 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 authorised officer may, after giving the holder of the licence
a reasonable opportunity of showing cause, cancel or suspend the
licence or forfeit the whole or any part of security, if any, furnished
for the due performance of the conditions subject to which the licence
has been granted.
(2) Subject to any rules that may be made in this behalf, the authorised
5
officer may also vary or amend a licence granted under Section 6.
9. Registration of vessels. - (1) The owner of every vessel used or intended
to be used for purposes of fishing and kept in the State, not being a fishing vessel
registered under Section 11 of the Marine Products Export Development Authority
Act, 1972 (13 of 1972) shall register such vessel under this Act.
(2) Every application for registration of such vessel shall be made by the
owner thereof to the authorised 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 authorised officer may, for sufficient reason to be recorded
in writing, extend the time-limit for registration by such period as he thinks fit.
(3) The authorised officer shall issue to the owner of the vessel registered
by him a certificate of registration in the prescribed form and shall enter in a
register to be kept by him, in such form as may be prescribed, the particulars of
such certificate.
(4) Registration once made shall continue to be in force until it is cancelled
by the authorised officer.
(5) Every vessel registered under this section shall carry a registration
mark, assigned to it by the authorised officer, displayed in the prescribed manner.
10. Information to be given to authorised officer about movement
of fishing vessels. - Where a registered fishing vessel moves from the area of
one port to the area of another port, the owner of such fishing vessel shall give
information to that effect, in the prescribed manner to the authorised officer by
whom such fishing vessel was registered and also to the Port Officer having
jurisdiction over the area whereto such fishing vessel has been moved.
11. Returns to be furnished by owners of registered fishing vessels.
- (1) Every owner of a registered fishing vessel shall furnish to the authorised
officer at the prescribed time and in the prescribed manner such returns as may
be prescribed.
(2) The authorised officer may inspect any registered fishing vessel at any
time to verify the accuracy of any return furnished under this section.
12. Finality of orders under Sections 6, 8 and 9. - Every decision of the
authorised officer under Section 6, Section 8 of Section 9, granting or refusing to
grant licence for a fishing vessel or cancelling, suspending, varying or amending
such licence or registering, or cancelling the registration of a vessel shall, subject
to any right of appeal under Section 13, be final.
13. Appeals against order refusing grant of licence, etc.  - (1) Any
person aggrieved by an order of the authorised officer refusing to grant licence for
a fishing vessel or cancelling, suspending or varying or amending such licence or
6
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 such authority as may be prescribed (hereafter in this section
referred to as the appellate authority) :
Provided that the appellate authority may entertain the appeal after the
expiry of the said period of thirty days if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under Sub-section (1) the appellate authority
shall, after giving the appellant a reasonable opportunity of being heard pass
such orders thereon as it deems fit as expeditiously as possible.
(3) Every order passed by the appellate authority under this section shall
be final.
Chapter-III
Penalties
14. Power to enter and search fishing vessel. - The authorised officer
may, if he has reason to believe that any fishing vessel is being, or has been,
used in the contravention of any of the provisions of this Act, or of any order or
rule made thereunder or any of the conditions of the licence, enter and search
such vessel and impound such vessel and seize any fish found in it.
15. Disposal of seized fish. - (1) The authorised officer shall keep the
fishing vessel, impounded under Section 14, 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 authorised officer may, if he is of the opinion that the disposal of such fish is
necessary, dispose of such fish and deposit the proceeds thereof in the prescribed
manner in the office of the adjudicating officer.
16. Adjudication. - (1) Where any authorised officer, referred to in Section
14, 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 any of the conditions of the licence, he shall make a report thereof
to the adjudicating officer.
(2) The adjudicating officer shall hold an enquiry, into the matters mentioned
in the report, in the prescribed manner, after giving all the parties concerned a
reasonable opportunity of being heard.
17. Penalty. - (1) The adjudicating officer shall, after the enquiry 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 order or rule made thereunder any of the conditions of the licence and any
such person, on being found guilty by the adjudicating officer, shall be liable to
such penalty not exceeding-
(a) five thousand rupees, if the value of the fish involved is one thousand
7
rupees or less ;
(b) five times the value of the fish, if the value of the fish involved is more
than one thousand rupees ; or
(c) five thousand rupees, in any other case, being a case not involving
any fish, as may be adjudged by the adjudicating officer.
(2) In addition to any penalty that may be imposed under Sub-section (1),
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 Sub-section (1) or the
licence, any condition of which has been contravened, shall be-
(i) cancelled or revoked, as the case may be; or
(ii) suspended for such period as the adjudicating officer deems
fit; or
(b) the fishing vessel or fish that may have been impounded or
seized, as the case may be, 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 the prevention of the commission of such offence.
18. Constitution of Appellate Board and appeal to Appellate Board.
- (1) The Government may, by notification, constitute one or more Appellate
Board or Appellate Boards.
(2) The Appellate Board shall consist of three members to be appointed
by the Government of whom one shall be a person who is of has been a member
of the Superior Judicial Service (Senior Branch) of the S tate, and he shall be
appointed as the Chairman of the Appellate Board.
(3) Where only one Appellate Board is constituted that Appellate Board
shall have jurisdiction throughout the State, and where more than one Appellate
Board is constituted the Government may, by notification, define the jurisdiction
of each Appellate Board.
(4) Any person aggrieved by an order of the adjudicating officer may, within
thirty days from the date on which the order is made, prefer an appeal to the
Appellate Board, having jurisdiction to hear such appeal:
Provided that the Appellate Board may entertain any appeal after the expiry
of the said period of thirty days but not after the expiry 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.
(5) No appeal under this section shall be entert ained by the Appellate
Board unless the appellant has, at the time of filing the appeal, deposited the
amount of penalty payable under the order appealed against :
8
Provided that, on an application made by the appellant in this behalf, the
Appellate Board may, if it is of the opinion that the deposit to be made under this
sub-section will cause undue hardship to the appellant, by order in writing,
dispense with such deposit either unconditionally or subject to such conditions
as it may deem fit to impose.
(6) On receipt of an appeal under Sub-section (4), the Appellate Board
may, after holding such enquiry as it deems fit, and af ter giving the p arties
concerned a reasonable opportunity of being heard, confirm, modify or set aside
the order appealed against and the decision of the Appellate Board shall be final
; and
(a) if the sum deposited by way of penalty under Sub-section (5) exceeds
the penalty directed to be paid by the Appellate Board, the excess
amount, or
(b) if the Appellate Board sets aside the order imposing penalty, the
whole of the sum deposited by way of penalty, shall be refunded to
the appellant.
19. Revision by Appellate Board. - The Appellate Board may call for
and examine the records of any order passed by an adjudicating officer under
Section 17 against which no appeal has been preferred under Section 18, for the
purpose of satisfying itself as to the legality or propriety of such order or as to the
regularity of the procedure and pass such order with respect thereto as it may
think fit :
Provided that no such order shall be made except after giving the person
affected a reasonable opportunity of being heard in the matter.
20. Powers of adjudicating officer and the Appellate Board in relation
to holding enquiry under this Act. - (1) The adjudicating officer and the Appellate
Board shall, while holding an enquiry, have all the powers of a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the
following matters, namely :
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any Court or
office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) The adjudicating officer and the Appellate Board 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 (2 of 1974).
21. 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
committed, was in charge of, and was responsible to the company for the conduct
9
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 with the consent or connivance of, or is
attributable to any neglect on the p art of any Director, Manager, Secretary of
other officer, 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-
(a) “Company” means any body corporate and includes a firm or other
association of individuals; and
(b) “Director” in relation to a firm, means a partner in the firm.
Chapter-IV
Miscellaneous
22. Exemptions. - (1) Nothing contained in this Act, shall apply to survey
vessels belonging to the Central Government or any State Government or any
public undertaking.
(2) If the Government is of the opinion that, having regard to the purposes
of this Act, it would not be in the public interest to apply all or any of the provisions
of this Act to any class or classes of fishing vessels used for fishing in any
specified area or specified areas, it may, by notification, exempt, subject to such
conditions as it may think fit to impose, such class or classes of fishing vessels
used for fishing in such specified area or specified areas, as it may specify in the
notification, from the operation of all or any of the provisions of this Act.
23. Protection of action taken in good faith. - (1) No suit, prosecution
or other legal proceeding shall lie against the Government or any officer or authority
for anything which is in good faith done or intended to be done in pursuance of
this Act or any order or rule made thereunder.
(2) No suit or other legal proceeding shall lie against the Government or
any officer or authority for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done in pursuance of this Act or any
order or rule made thereunder.
24. Power to make rules.  - (1) The Government may, by notification,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters namely
10
(a) the matters to which regard shall be had in making an order under
Sub-section (1) of Section 4;
(b) the form of the application for licence under Sub-section (1) of Section
6, the particulars which it shall contain and the fees which shall
accompany it;
(c) the matters to which regard shall be had in granting or refusing a
licence, under Clause (c) of Sub-section (4) of Section 6, the fees
payable for the licence and the security for the due performance of
the conditions of the licence;
(d) the procedure to be followed in granting or refusing a licence under
Section 6 or cancelling, suspending, varying or amending such
licence or in registering a vessel under Section 9 or cancelling such
registration;
(e) the form of the application for registration of a vessel under Section
9, the particulars which such application shall contain, and the fees
which shall accompany the application, the form of the certificate of
registration and the form of the register referred to in Subsection (3)
of that section, the manner in which the registration mark referred
to in Sub’-section (4) of that section shall be displayed;
(f) the manner in which the information referred to in Section 10 shall
be given;
(g) the time and manner in which the returns referred to in Subsection
(1) of Section 11 shall be furnished;
(h) the authority to whom appeals shall be preferred under Subsection
(1) of Section 13;
(i) the place and the manner in which an impounded fishing vessel
shall be kept under Sub-section (1) of Section 15 and the manner in
which the proceeds of the disposal of the seized fish shall be
deposited with the adjudicating officer under Sub-section (2) of that
section;
(j) the procedure of the enquiry by the adjudicating officer under Sub-
section (2) of Section 16;
(k) the qualifications of the members of the Appellate Board other than
the Chairman, the fees and allowances payable to the Chairman
and other members of the Appellate Board the procedure of the
Appellate Board;
(l) the fees payable for the supply of copies of documents or orders or
for any other purpose or matter involving the rendering of any service
by any officer or authority under this act;
(m) any other matter which is to be, or may be, provided for by rules
made under this Act.

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