In
exercise of the powers conferred by section 28 of the Goa, Daman and Diu Marine
Fishing Regulation Act, 1980 (3 of 1981) the Government of Goa, Daman and Diu
hereby makes the following rules, namely: - (1) These rules may be called the Goa, Daman and Diu Marine Fishing
Regulation Rules, 1982. (2) They shall come into force at once. In these rules,- (a) 'Act' means the Goa, Daman and Diu Marine Fishing Regulation Act, 1980
(3 of 1981); (b) 'form' means a form appended to these rules; (c) 'section' means a section of the Act. (1) Every owner of a fishing vessel which is mechanically propelled shall
make an application accompanied by a licence fee of Rs. 205/- to the authorised
officer, for the grant of a licence for using such fishing vessel in the
specified area in Form A. (2) The authorised officer shall, while granting or refusing the licence,
apart from the conditions specified in clause (a), (b) & (c) of sub-section
(4) of section 6, have regard to the number of fishing vessels already licensed
in the area where the fishing vessel is sought to be operated. (3) If the authorised officer, after making such enquiries as deemed fit,
decides to grant the licence applied for he shall issue a licence in Form B,
which shall be valid for a period of one year from the date of issue. (4) The authorised officer, having regard to the area in which the fishing
vessel is sought to be operated, may direct the applicant to deposit an amount
which shall be not less than Rs. 210/- but not more than Rs. 250/- as security
deposit for the due observance of the conditions of the licence. (5) Licence issued will be valid for one year and will have to be renewed
annually by paying renewal fee of Rs. 50/-. (1) The owner of a fishing net desirous of obtaining a licence for the same
shall make an application to the authorised officer in Form C. The application
shall be accompanied by a fee of Rs. 50/-. (2) A licence in Form D shall be issued to the applicant on depositing of a
sum not less than Rs. 50/- but not more than Rs. 75/- as may be directed by the
authorised officer, as security deposit, for the due observance of the
conditions specified in the licence. (3) Notwithstanding anything contained in this rule net which has been
registered under the Goa, Daman and Diu Fisheries Rules, 1981, shall subject to
the condition of depositing the security deposit, referred to in sub-rule (2)
be deemed to have been licensed under these rules. (1) The authorised officer, if after holding an enquiry under sub-section
(1) of section 11 is satisfied that the additional conditions should be imposed
upon the licensee who has been granted a licence either under section 6 or
under section 8, may call upon such licensee to produce the licence for
amending it and on such production, he may after any condition or add one or
more conditions or demand, subject to the provisions of rule 3 or rule 4 as the
case may be, and after giving an opportunity of being heard to the licensee
additional security deposit. (2) If such a licensee fails to comply with any order passed by the
authorised officer under sub-rule (1), the licence shall be cancelled
forthwith. (1) Every application under sub-rule (2) of section 12 for registration of a
vessel shall be made in Form E. (2) Every application under sub-rule (1) shall be accompanied with a fee of
Rs. 50/-. (3) The authorised officer shall, after making such inquiry as he deems fit,
issue a registration certificate in Form F. (4) The authorised officer shall maintain a register in Form G in respect of
all vessels registered under this rule. (5) Every vessel registered under this rule shall display the registration
number allotted to it by the authorised officer on both sides of the bow and
the aft side of the vessel. If the owner of a fishing
vessel desires to shift the vessel from one port area to the other, he shall
inform such movement in Form H to the authorised officer and also to the port
officer, having jurisdiction over the area where such fishing vessel has been
moved. Every owner of a fishing
vessel shall, on or before the 7th of every month, submit a return in Form I to
the authorised officer in respect of his vessel. Every appeal under section 16
shall be made to the Secretary to the Government of Goa, Daman and Diu,
SecretariatPanaji dealing with the Department of Fisheries. (1) Every fishing vessel impounded under section 18 shall be kept in the
port nearest to the place of seizure and so long as it continues to be
impounded, shall be under the control of the port officer concerned. (2) Every owner of the impounded fishing vessel shall keep on board of such
vessel, at his cost, such number of crew which are necessary for keeping the
vessel in good condition. (3) The authorised officer shall, if suitable facilities are not available
for storage of fish seized, dispose such fish by holding public auction and
deposit the amount so realised in the first instance in the office of the
Directorate of Fisheries and as soon as the amount excess Rs. 500/- he shall
deposit in the office of the adjudicating officer. The authorized officer shall
also furnish to the adjudicating officer full details regarding the date, time,
place of auction, the number of persons who were present for bidding and other
relevant particulars. (1) On receipt of the report of the authorised officer under sub-section (1)
of section 20, the adjudicating officer shall cause a notice to be served on
the owner of the fishing vessel in any of the manners provided in rule 16. (2) The notice shall give the details of the contravention of the provisions
of Act or Rules or any of the conditions of the licence by the fishing vessel
concerned and call upon the owner to show cause as to why he should not be
punished for the aforesaid contraventions. (3) When a notice has been duly served and the owner fails to appear on the
date fixed for hearing, the adjudicating officer may proceed to hear the matter
ex-parte and pass such order on the basis of the material before him, as he may
deem fit. (4) Where the owner appears and contests the notice, he shall forthwith file
a written statement verified in the same manner as a pleading under the Code of
Civil Procedure, 1908 stating the reasons why he should not be punished for any
such alleged contravention of the provisions of Act or the Rules or the
conditions of the licence. The adjudicating officer shall, then either on the
same day or on any subsequent day to which the hearing may be adjourned,
proceed to hear the evidence, if any, which may be adduced before him. (5) After the evidence has been recorded in a summary manner, the adjudicating
officer may also hear the parties and pass such order as may deem fit in
accordance with the provision of section 21 of the Act. (6) Every order passed by the adjudicating officer shall be communicated to
the owner of the vessel and also to the authorised officer. No person shall be qualified
for appointment as a Member unless he is : - (i) an advocate for not less than five years; or (ii) holding a superior post in the legal Department of any Government for
not less than five years. (iii) a Judicial officer of five years standing. (1) Every petition of appeal from an order of the adjudicating officer shall
be presented to the Appellate Board in person or through a legal practitioner
or a recognised agent. (2) Every petition shall state succinctly the grounds of appeal and shall be
accompanied by a copy of the order appealed against unless the Appellate Board
dispenses with such copy. (3) The Appellate Board, shall on receipt of a petition of appeal, give
notice of such appeal to all persons concerned who, in its opinion may be
interested in the same. (4) The Appellate Board, while hearing an appeal, may admit additional
evidence before its final disposal or may remand the case for admission of
additional evidence and report or a fresh decision, as it may deem fit. (5) A fee of Rupees fifty in the form of court fee adhesive stamps shall be
payable in respect of each appeal. (6) The Appellate Board shall, while hearing an appeal, follow the procedure
followed by an Appellate Court under the Criminal Procedure Code, 1973 (Central
Act 2 of 1974) while disposing criminal appeals. (1) The Chairman shall be paid a sum of Rs.100/- per sitting as honorarium: (2) Each member of the Appellate Board shall be paid a sum of Rs. 50/- per
sitting as honorarium: Provided that the Board shall
not have more than ten sittings per month. (1) A fee of Rs. 2/- shall be payable for supply of a certified copy of any
order passed by any officer or authority under the Act. (2) The fees shall be paid in the form of Court fee adhesive stamps. Every notice, summons or order
under the Act or under these rules shall be served in one or more of the
following modes, namely: (a) by delivering or tendering it to the person concerned or his manager or
agent, if any; (b) by leaving it at the last known place of business of the person
concerned or by delivering or tendering it to some adult member of the family; (c) by sending it by registered post A/D; (d) by affixing it on some conspicuous part of the premises concerned or at
the last known place of business or residence of the person concerned or by
publication in a daily newspaper or by proclamation by beat of drum in the
locality or in any other customary mode.GOA, DAMAN AND DIU MARINE FISHING REGULATION RULES, 1982
PREAMBLE