The West Bengal Marine Fishing Regulation Act, 1993

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GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
West Bengal Act IX of 1993
THE WEST BENGAL MARINE FISHING
REGULATION ACT, 1993.
CON TENTS
CHAPTER I
Preliminary
Sections.
1. Short title, extent and commencement.
2. Definitions.
3. Authorisation of officers for the purpose of any provision of this
,Act.
CHAPTER II
Regulation of fishing
4. Power to regulate, restrict or prohibit certain matters within
specified areas.
5. Prohibition of use of fishing vessel in contravention of any order
made under section 4.
6. Prohibition of fishing using fishing vessels which are not licensed.
7. Licensing of fishing vessel.
8. Cancellation, suspension and amendment of licence.
9. Registration of fishing vessels.
10. Information to be given to authorised officer about movement of
fishing vessel.
11. Returns to be furnished by owner of registered fishing vessel.
12. Finality of orders under sections 7, 8 and 9.
13. Appeal against order refusing grant of licence, registration, etc.
CHAPTER III
Management and control of fishing harbours and fish landing centres
14. Management and control of fishing harbours and fish landing
centres.
109
The West Bengal Marine Fishing Regulation Act, 1993
[West Ben. Act IX of 1993.]
CHAPTER IV
Penalties
Sections.
15. Power to enter and search fishing vessels.
16. Disposal of seized fish.
17. Adjudication.
18. Penalty.
19. Appeal against order of adjudicating officer.
20. Revision by appellate authority.
21. Power of adjudicating officer and appellate authority in relation to
holding of enquiry.
22. Offences by companies.
CHAPTER V
Miscellaneous
23. Exemptions.
24. Protection of action taken in good faith.
25. Power to make rules.
110
West Bengal Act IX of 1993
THE WEST BENGAL MARINE FISHING
REGULATION ACT, 1993.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 14th June, 1993.]
[14th June, 1993.]
An Act to regulate marine fishing by fishing vessels along the coastline of
the State.
WHEREAS it is necessary to regulate marine fishing by fishing vessels
along the coastline of the State;
It is hereby enacted in the Forty-fourth Year of the Republic of India,
by the Legislature of West Bengal, as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be called the West Bengal Marine Fishing
Regulation Act, 1993.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may
by notification appoint.
Short title,
extent and
commence-
ment.
2. (1) In this Act, unless the context otherwise requires,— Definitions.
(a) "adjudicating officer" means the Director of Fisheries, West
Bengal, or any other officer, not below the rank of Assistant
Director of Fisheries, authorised by the State Government by
notification, to exercise the powers, conferred on, and
discharge the duties imposed upon, the adjudicating officer
by this Act for such area as may be specified in the notification;
(b) "appellate authority" means the Secretary, Fisheries
Department, Government of West Bengal;
(c) "authorised officer" means such officer as the State
Government may by notification authorise in respect of any
matter in which a reference is made to such officer in this Act;
Ill
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act
Authorisation
of officers
for the
purpose of
any
provision of
the Act.
(Chapter 1.—Preliminary—Section 3.)
(d) "fishing vessel" means a ship or boat, whether or not fitted
with mechanical means of propulsion, which is used or
intended to be used for fishing within the specified area for
profit, and includes—
(i) a catamaran,
(ii) a country craft,
(iii) a canoe, or
(iv) a vessel,
intended to carry or transport fish within the specified area for
gain:
Provided that nothing in this clause shall apply to a vessel
which is used in ferry service authorised by the State
Government and carries fish owned by passenger on board;
(e) "port" means the space within such limits as may, from lime
to time, be defined by the State Government by notification
for the purposes of this Act;
(f) "notification" means a notification published in the Official
Gazette;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "registered fishing vessel" means—
(i) a fishing vessel registered under section 11 of the
Marine Products Export Development Authority
Act, 1972, or
(ii) a fishing vessel registered under any other law for the
time being in force, or
(iii) a fishing vessel registered under section 9 of this Act;
(i) "specified area" means such area in the sea along the entire
coastline of the State, but not beyond territorial waters, as
may be specified by the State Government by notification;
(j) "State" means the State of West Bengal, and includes the
territorial waters along the entire coastline thereof.
(2) For the purposes of this Act, "territorial waters" shall have the
same meaning as in the Territorial Waters, Continental Shelf, Exclusive
Economic Zone and Other Maritime Zones Act, 1976.
3. The State Government may by notification authorise--
(a) any officer of the State Government, not below the rank of a
District Fishery Officer or Deputy Superintendent of Police,
Or
13 of 1972.
80 of 1976.
112
The West Bengal Marine Fishing Regulatio'n Act, 1993.
IX of 1993.]
Chapter IL—Regulation of fishing.—Sections 4, 5.)
(b) any Gazetted Officer of the Border Security Force or Coastal
Guard, with the consent of the Central .Government,
to exercise such of the powers conferred on, and discharge such of the
duties imposed upon, an authorised officer under this Act and in such areas
as may be specified in the notification.
CHAPTER II
Regulation of fishing
4. (1) The State Government may, having regard to the provisions
of sub-section (2), by order notified in the Official Gazette, regulate,
restrict or prohibit the following matters:—
(a) the fishing in any specified area by such class or classes of
fishing vessels as may be prescribed;
(b) the number, size and class of fishing vessels which may be
used for fishing in any specified area;
(c) the catching in any specified area of such species of fish and
for such period as may be specified in the notification;
(d) the use of such fishing gear indicating mesh, size or type of
construction or by other general description in any specified
area as may be prescribed.
(2) In making an order under sub-section ( I), the State Government
shall have regard to the following matters:—
(a) the need to protect the interests of different sections of
persons engaged in fishing, particularly those engaged in
fishing using fishing vessel 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. No owner or master of a fishing vessel shall use, or cause or allow
to be used, any fishing vessel for fishing in such manner as 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, or to or from any area, other than a specified area, for the purpose of
fishing in any other area or for any other purpose:
Power to
regulate,
restrict or
prohibit
certain
matters
within
specified
areas.
Prohibition
of use of
fishing
vessel in •
contraven-
tion of any
order made
under
section 4.
113
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act
Prohibition
of fishing
using fishing
vessels
which are
not licensed.
Licensing o
fishing
vessel.
(Chapter IL—Regulation of fishing.—Sections 6, 7.)
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 registered fishing vessel.
6. No person shall, after the commencement of this Act, carry on
fishing in any specified area using a fishing vessel unless he has obtained
in this behalf a license in accordance with the provisions of this chapter:
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 such period as may be specified by the State Government
by notification.
7. (1) Every owner of a registered fishing vessel shall make an
application in writing 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 forin, shall
contain such particulars, and shall be accompanied by such fees, as may
be prescribed.
(3) The authorised officer may, after making such enquiry as he
deems fit and having regard to the provisions of 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.
(4) In granting or refusing a licence under sub-section (3), the authorised
officer shall have regard to the following matters:—
(a) whether the fishing vessel is a registered fishing vessel;
(b) the condition of the fishing vessel including the accessories
and the fishing gear attached to it;
(c) whether any order has been made under section 4;
(d) any other matter that may be prescribed.
(5) A licence granted under this section shall be in such form, and shall
be subject to such conditions (including the conditions of payment of fees
and furnishing of security for due compliance with the conditions), as may
be prescribed:
Provided that different fees 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.
114
The West Bengal Marine Fishing Regulation Act, 1993.
IX of 1993.]
(Chapter IL—Regulation of fishing.—Sections 8, 9.)
(7) Where the authorised officer refuses to grant a licence, it shall
record a brief statement of the reasons for such refusal.
8. (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 7 has been obtained by mis-
representation 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 the rules or the orders made thereunder,
then, without prejudice to any other penalty to which the holder of such
licence may be liable under this Act, the authorised officer may, after
giving the holder of the licence a reasonable opportunity of being heard,
cancel or suspend the licence or forfeit the whole or any part of the security,
if any, furnished under sub-section (5) of section 7.
(2) Subject to any rules that may be made in this behalf, the authorised
officer may also vary or amend a licence granted under section 7.
9. (1) The owner of every vessel, used or intended to be used for
purposes of fishing and kept in the State, shall get such vessel registered
13 of 1972.

under this Act unless it is already registered under section 11 of the Marine
Products Export Development Authority Act, 1972, or any other law for
the time being in force.
(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 date of
commencement of this Act,
whichever is later:
Provided that the authorised officer may, for sufficient reasons to be
recorded in writings 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 my be prescribed,
the particulars of such certificate:
Provided that the authorised officer may, for sufficient reasons to be
recorded in writing, refuse to register the vessel.
Cancella-
tion,
suspension
and
amendment
of licence.
Registration
of fishing
vessels.
115
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act
(Chapter IL—Regulation of fishing.—Sections 10-13.)
(4) The registration of a vessel once made under this section shall,
until cancelled by the authorised officer, continue to be in force, provided
that where a vessel is required to hold a certificate to be issued by the
Marcantile Marine Department of the Central Government for operation,
such vessel shall hold such certificate.
(5) Every vessel registered under this section shall display in the
prescribed manner a registration mark assigned to it by the authorised
officer.
(6) No vessel, other than a registered vessel, shall be entitled to a
licence under section 7.
Information
to be given
to authorised
officer about
movement
of fishing
vessel.
Returns to
be furnished
by owner of
registered
fishing
vessel.
Finality of
orders under
sections 7, 8
and 9.
Appeal
against order
refusing
grant of
licence,
registration,
etc.
10. 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 to which such fishing vessel moves.
11. (I) 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 sub-
section (1).
12. Every decision of the authorised officer under section 7,
section 8 or section 9 shall, subject to any right of appeal under section 13
or section 19, be final.
13. (1) Any person aggrieved by an order of the authorised officer
under section 7, section 8 or section 9, may, within thirty days from the date
on which the order is communicated to him, prefer an appeal to the
adjudicating officer:
Provided that the adjudicating officer may entertain the appeal after the
expiry of the said period of thirty days, if he is satisfied that the appellant
had sufficient cause for not preferring the appeal within such period.
(2) On receipt of an appeal under sub-section (1) the adjudicating
officer shall, after giving the appellant a reasonable opportunity of being
heard, pass as expeditiously as possible such orders thereon as he deems
fit.
(3) Every order passed by the adjudicating officer under sub-
section (2) shall, subject to any right of appeal under section 19, be final.
116
The West Bengal Marine Fishing Regulation Act, 1993.
IX of 1993.]
(Chapter III—Management and control of fishing harbours and fish landing
centres.—Section 14.—Chapter IV.—Penalties,—Sections 15, 16.)
CHAPTER III
Management and control of fishing harbours and
fish landing centres
14. (I) The State Government may, for the purposes of this Act, by
notification, declare any harbour as a fishing harbour and any centre for
landing of fish as a fish landing centre, and thereupon the management and
control of such fishing harbour and fish landing centre shall vest in the
State Government.
(2) The State Government may, by notification, appoint a Fishery
Terminal Authority and transfer to it the management and control of any
fishery harbour and fish landing centre.
(3) The constitution, powers and functions of the Authority referred
to in sub-section (2) shall be such as may be prescribed.
(4) The State Government shall have powers to levy and collect fees
or charges from the operator of a fishing vessel, transporter of fish and
others using the facilities of a fishing harbour or fish landing centre at such
rates as that Government may fix:
Provided that the State Government may authorise the Authority
referred to in sub-section (2) to exercise all or any of the powers of that
Government under this sub-section.
CHAPTER IV
Penalties
Management
and control
of fishing
harbours and
fish landing
centres.
15. (1) The authorised officer may, if he has reason to believe that any Power to
nr d
fishing vessel is being, or has been, used in contravention of any of the search
provisions of this Act or the rules or the orders made thereunder or any of fishing
the conditions of the licence, enter and search such vessel and impound vessels.
such vessel with all the fittings and accessories on board and seize any fish
found in it.
16. (1) The authorised officer shall keep the fishing vessel impounded Disposal of
under section 15 in such place and in such manner as may be prescribed. seized fish.
(2) In the absence of any 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 by sale and deposit the proceeds thereof
with the State Government in the manner prescribed.
117
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act
(Chapter 111.—Penalties.—Sections 17, 18.)
Adjudica-
tion.
Penalty.
17. (1) Where any authorised 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 the rules or the orders made thereunder or any of
the conditions of the licence, he shall make a report to that effect to the
adjudicating officer.
(2) The adjudicating officer shall hold, in the prescribed manner, an
enquiry into the matter mentioned in the report after giving all the parties
concerned a reasonable opportunity of being heard.
18. (1) If, after the enquiry held under sub-section (2) of section 17,
any person is found to have contravened any of the provisions Of this Act
or the rules or the orders made thereunder or any of the conditions of the
licence, he shall be punished with fine not exceeding,—
(a) in the case involving fish,—
(i) five thousand rupees, if the value of the fish is one
thousand rupees or less, or
(ii) five times the value of the fish, if such value is more
than one thousand rupees, and
(b) in any other case,—
(i) ten thousand rupees, if the fishing vessel is fitted with
mechanical means of propulsion, or
(ii) five thousand rupees, if the fishing vessel is not fitted
with mechanical means of propulsion.
(2) The adjudicating officer may, in addition to any penalty that may
be imposed under sub-section (1), direct that—
(a) the licence of the fishing vessel shall be—
(i) cancelled or revoked, or
(ii) suspended for such period as he may deem fit, or
(b) the fishing vessel with all the fittings and accessories on
board that may have been impounded, or the fish that may
have been seized, under section 15, shall be forfeited to the
State Government:
Provided that no fishing vessel shall be forfeited to the State Government
if the adjudicating officer, after hearing the owner of such vessel or any
person claiming any right to such vessel, is satisfied that the owner or such
person, as the case may be, had exercised due care to prevent the
commission of the offence.
118
The. West Bengal Marine Fishing Regulation Act, 1993.
IX of 1993.]
(Chapter 1V.—Penalties.—Sections 19, 20.)
19. (1) Any person aggrieved by an order of the adjudicating officer
may, within thirty days from the date of such order, prefer an appeal to the
appellate authority:
Provided that the appellate authority may entertain any appeal after the
expiry of the said period of thirty days but not beyond sixty days from the
date of the order appealed against if it is satisfied that the appellant had
sufficient cause for not preferring the appeal within the said period of thirty
days.
(2) No appeal under this section shall be entertained by the 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
appellate authority may, if it is of the opinion that such deposit 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.
(3) On receipt of an appeal under sub-section (1), the appellate
authority may, after holding such enquiry as it may deem fit and after
giving the parties concerned a reasonable opportunity of being heard,
confirm, modify or set aside the order appealed against and the decision of
the appellate authority shall be final:
Provided that—
(a) if the sum deposited by way of penalty under sub-section (2)
exceeds the penalty directed to be paid by the appellate
authority, the excess amount, or
(b) if the appellate authority sets aside the order imposing
penalty, the whole of the sum deposited by way of penalty,
shall be refunded to the appellant.
20. The appellate authority may call for and examine the records of
any proceeding before an adjudicating officer or an authorised officer for
the purpose of satisfying itself as to the legality or propriety of any finding
or order or as to the regularity of the proceeding, and may make such order
in respect thereto as it may think fit:
Provided that no such order shall be made except after giving the
parties concerned a reasonable opportunity of being heard.
Appeal
against order
of
adjudicating
officer.
Revision by
appellate
authority.
119
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act
(Chapter 1V.—Penalties.—Sections 21, 22.)
Power of 21. (1) The adjudicating officer and the appellate authority shall, adjudicating
officer and while holding an enquiry under this Act, have the same powers as are
appellate vested in a civil court under the Code of Civil Procedure, 1908, while 5 of 1908.
authority in
relation to trying a suit, in respect of the following matters:—
holding of
enquiry. (a) summoning and enforcing the attendance of any witness and
examining him on oath;
(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 affidavit;
(e) issuing commission for the examination of witness or
document.
(2) The adjudicating officer or the appellate authority 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.
Offences by
companies.
22. (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 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,—
(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.
120
The West Bengal Marine Fishing Regulation Act, 1993.
IX of 1993.]
(Chapter V.—Miscellaneous.—Sections 23-25.)
CHAPTER V
Miscellaneous
23. (1) Nothing contained in this Act shall apply to survey vessels Exemptions.
belonging to the Central Government or any State Government or any
undertaking of the Central Government or any State Government.
(2) If the State Government is of the opinion that 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 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 any such
area from the operation of all or any of the provisions of this Act.
24. (1) No suit, prosecution or other legal proceeding shall lie against Protection of
the State Government or any officer of that Government or any officer or action taken
od other person authorised by that Government for anything which is in good faith
faith done or intended to be done under this Act or the rules or the orders
made thereunder.
(2) No suit other legal proceeding shall lie against the State Government
or any officer of that Government or any officer or other person authorised
by that Govemment for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done under this Act
or the rules or the orders made thereunder.
25. (1) The State Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters:—
(a) the use of the fishing gear indicating mesh, size or type of
construction or by general description in any specified area
under clause (d) of sub-section (1) of;
(b) the matter under clause (b) of sub-section (2) of section 4;
(c) the form of application for licence under sub-section (1) of
section 7, the particulars which it shall contain and the fees
which shall accompany it;
(d) the matter under clause (d) of sub-section (4) of section 7;
(e) the form of licence under section 7 and the conditions to
which the licence shall be subject;
Power to
make rules.
121
The West Bengal Marine Fishing Regulation Act, 1993.
[West Ben. Act IX of 1993.]
(Chapter V.—Miscellaneous.—Section 25.)
(t) the procedure to be followed in granting or refusing a licence
under section 7 or cancelling, suspending, varying or amending
such licence, or in registering a vessel under section 9 or
cancelling such registration;
(g) 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 sub-section (3) of section 9 and the manner in
which the registration mark referred to in sub-section (5) of
section 9 shall be displayed;
(h) the manner in which the information referred to in section 10
shall be given;
(i) the form, time and manner in which the returns referred to in
sub-section (1) of section 11 shall be furnished;
(j) the place and the manner in which an impounded fishing
vessel shall be kept under sub-section (1) of section 16 and
the manner in which the proceeds of sale of the seized fish
shall be deposited with the State Government, under sub-
section (2) of section 16;
(k) the procedure of enquiry by the adjudicating officer under
sub-section (2) of section 17;
(1) 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; and
(m) any other matter which is to be, or may be, provided for by
rules under this Act.
122

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