TAMIL NADU MARINE FISHING REGULATION ACT, 1983 THE TAMIL NADU MARINE
FISHING REGULATION ACT, 1983 [Act No. 08 of 1983] [4th March, 1983] An Act to provide for
the regulation, restriction and prohibition of fishing by fishing vessels in
the sea along the whole or part of the coast line of the State. BE
it enacted by the Legislature of the State of Tamil Nadu in the Thirty-fourth
Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Marine
Fishing Regulation Act, 1983. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall be deemed to have come into force on the
6th January 1983. It
is hereby declared that this Act is for giving effect to the policy of the
State towards securing the principles laid down in clauses (b) and (c) of
Article 39 of the Constitution. 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, the adjudicating
officer under this Act, for such area as may be specified in the notification; (b) "appellate authority" means any officer
of the Fisheries Department not below the rank of Deputy Director of Fisheries,
authorised by the Government, by notification, to exercise the powers conferred
on, and discharge the duties imposed upon the appellate authority under this
Act, for such area as may be specified in the notification; (c) "authorised officer" means an officer authorised
by the Government under section 4; (d) "fish" includes prawn, shrimps, shell
fish and crustaceans; (e) "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 deep sea fishing vessel, (ii) a mechanised fishing vessel, (iii) a catamaran, (iv) a country craft, including Vallom, or (v) a canoe, engaged in sea-fishing; (f) "Government" means the State Government; (g) "mechanised fishing vessel" means a ship
or boat fitted with mechanical means of propulsion having an engine of not less
than fifteen Horse Power but not more than one hundred and twenty Horse Power
and measuring in length not less than eight metres and not more than fifteen
metres, but does not include a deep sea fishing vessel, and a "deep sea
fishing vessel" means a ship or boat fitted with mechanical means of
propulsion having an engine of not less than one hundred and twenty Horse Power
and measuring in length not less than fifteen metres; (h) "owner" in relation to any fishing
vessel, includes any person who has power to sell or transfer the fishing
vessel or who has the custody thereof or who receives, whether on his own
behalf or on behalf of any other person, rent for such fishing vessel; (i) "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; (j) "registered fishing vessel" means? (i) a fishing vessel registered under section 11 of the
Marine Products Export Development Authority Act, 1972 (Central Act 13 of
1972); or (ii) a fishing vessel registered under section 10; (k) "specified area" means such area in the
sea along the whole or part of the coast line of the State, but not beyond
territorial waters as may be specified by the Government by notification from
time to time; (l) "State" means the State of Tamil Nadu and
includes the territorial waters along the entire coast line of that State. The
Government may, by notification, authorise-- (a) any officer of the Government, not being an officer
below the rank of a 'B' Group officer; or (b) any officer of the Central Government, with the
consent of that Government, to exercise the powers conferred on, and discharge
the duties imposed upon, the authorised officer, under this Act in such area as
may be specified in the notification. Chapter II - REGULATION, RESTRICTION OR
PROHIBITION OF FISHING IN THE SPECIFIED AREA (1) The Government may, having regard to the matters
referred to in sub-section (2) by notification,-- (a) regulate, restrict or prohibit the fishing in any
specified area by such class or classes of fishing vessels as may be specified
in such notification; or (b) regulate or restrict the number of fishing vessels
which may be used for fishing in any specified area; or (c) regulate, restrict or prohibit the catching in any
specified area of such species of fish and for such period as may be specified
in the notification; or (d) regulate, restrict or prohibit the use of such
fishing gear in any specified area as may be specified in the notification; or (e) fix the hours in a day during which any person may
carry on fishing in any specified area using such class or classes of fishing
vessels as may be specified in such notification. (2) In issuing a notification 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) such other matters as may be prescribed. (3) Notwithstanding anything contained in sub-sections
(1) and (2), no owner or master of a mechanised fishing vessel shall use or
cause or allow to be used such fishing vessel for fishing operation in the sea
within three nautical miles from the coast line in the State and the owner or
master of a mechanised fishing vessel shall use or cause or allow to be used
such mechanised fishing vessel only beyond three nautical miles from the coast
line in the State and such operation beyond three nautical miles shall be
subject to the conditions specified in the Schedule to this Act. (4) Notwithstanding anything contained in sub-sections
(1) and (2), no owner or master of a deep sea fishing vessel shall use or cause
or allow to be used such fishing vessel for fishing operation in the sea within
three nautical miles from the coast line in the State and the owner or master
of a deep sea fishing vessel shall use or cause or allow to be used such deep
sea fishing vessel only beyond three nautical miles from the coast line in the
State and such operation beyond three nautical miles shall be subject to such
conditions as the Government may, by notification, specify. 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 a notification
issued under section 5: Provided
that nothing in such notification 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. (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 subsection (1) shall be in
such form, contain such particulars, and be accompanied with such fees, as may
be prescribed. (3) The authorised officer may, after making such
enquiry 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. (4) In granting or refusing licence under sub-section
(3), the authorised officer shall have regard to the following, 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 notification issued under section 5; (d) such other matter as 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. 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 7: 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 three months or such further period as may be specified by the Government,
by notification. (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 misrepresentation 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
notification issued 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 said 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 officer may also vary or amend a licence granted under
section 7. (3) If the authorised officer is satisfied either on a
reference made to him in this behalf or otherwise, that? (a) a certificate of registration issued under section
10 has been obtained by misrepresentation as to an essential fact; or (b) the holder of a certificate of registration has,
without reasonable cause, failed to comply with the conditions subject to which
the certificate of registration has been issued or has contravened any of the
provisions of this Act, or any notification issued, or rule made thereunder, then,
without prejudice to any other penalty to which the holder of the certificate
of registration may be liable under this Act, the authorised officer may, after
giving the holder of the certificate of registration a reasonable opportunity
of showing cause, cancel or suspend the certificate of registration. (1) The owner of every fishing vessel not being a
fishing vessel registered under section 11 of the Marine Products Export
Development Authority Act, 1972 (Central Act 13 of 1972), shall register such
fishing vessel under this Act. (2) Every application for registration of such fishing
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 fishing 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 fishing 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) The certificate of registration once issued shall
continue to be in force unless it is cancelled or suspended by the authorised
officer. (5) Every fishing vessel registered under this section
shall carry a registration mark, assigned to it by the authorised officer,
displayed in the prescribed manner. (6) No fishing vessel, other than a registered fishing
vessel, shall be entitled to a licence under section 7. 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. (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 made under this
section. Every
decision of the authorised officer under section 7, section 9 or section 10,
granting or refusing to grant licence for a fishing vessel or cancelling,
suspending, varying or amending such licence, or registering or cancelling or
suspending the certificate of the registration of a fishing vessel shall,
subject to any right of appeal under section 14, be final. (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 refusing to register a vessel
or cancelling or suspending the certificate of registration of such vessel may,
within thirty days from the date on which the order is communicated to him,
prefer an appeal to the appellate authority: Provided
that the appellate authority may entertain the appeal after the expiry of the
said period of thirty days but before 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. (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 The
authorised 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 notification issued or rule made thereunder or any of the conditions
of the licence granted under this Act, enter and search such fishing vessel and
impound such fishing vessel and seize any fish found in it. (1) The authorised officer shall keep the fishing
vessel, impounded under section 15 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. (1) Where any authorised officer, referred to in
section 15, 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
notification issued or rule made thereunder or any of the conditions of the
licence granted under this Act, 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. (1) The adjudicating officer shall, after the enquiry
under section 17, 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 notification issued or of any rule made thereunder or any of the
conditions of the licence granted under this Act 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 fish involved
is one thousand rupees or less; (b) five times the value of the fish, if the value off
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 certificate of registration 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 15 or the proceeds of
the fish disposed of, and deposited in the office of the adjudicating officer,
under sub-section (2) of section 16 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 fishing 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. (1) 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 authority: Provided
that the appellate authority may entertain any appeal preferred after the
expiry of the said period of thirty days, but before 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. (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 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. (3) On receipt of an appeal under sub-section (1), the
appellate authority may, after holding such enquiry 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 the decision of the
appellate authority shall be final; and? (a) if the sum deposited by way of penalty under
subsection (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. The
appellate authority may call for and examine the records of any order passed by
an adjudicating officer under section 18 and against which no appeal has been
preferred under section 19, 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 prejudicially affecting any person shall be made except
after giving the person so affected a reasonable opportunity of being heard in
the matter. (1) The adjudicating officer and the appellate
authority shall, while holding an enquiry, have all the powers of a civil court
under the Code of Civil Procedure, 1908 (Central Act V 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 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 (Central Act 2 of 1974). (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 such offence 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. Chapter IV - MISCELLANEOUS (1) Nothing contained in this Act shall apply to survey
vessels belonging to the Central Government or any State Government or any
public undertaking. Explanation.--For
the purpose of this sub-section "public undertaking" means any
company or corporation owned or controlled by the Central or State Government. (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. (1) No suit, prosecution or other legal proceeding
shall lie against the Government of any officer or authority for anything which
is in good faith done or intended to be done in pursuance of this Act or any
notification issued or 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 notification issued or order or rule made
thereunder. The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force, or any
custom, usage or contract, or order of any authority. (1) The Government may 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:-- (a) the matters to which regard shall be had in issuing
a notification under sub-section (1) of section 5; (b) the forms of the application for licence under
sub-section (1) of section 7, 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 section 7, 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 7, or cancelling, suspending, varying or
amending such licence or in registering a fishing vessel under section 10 or
cancelling or suspending the certificate of registration; (e) the form of the application for registration of a
fishing vessel under section 10, the particulars which such application shall
contain, the fees which shall accompany the application, the form of the
certificate of registration, the form of the register referred to in
sub-section (3) of that section and the manner in which the registration mark
referred to in sub-section (5) of that section shall be displayed; (f) the manner in which the information referred to in
section 11 shall be given; (g) the returns to be furnished to the authorised
officer under sub-section (1) of section 12 and the time and the manner in
which such returns shall be furnished; (h) 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 the disposal of the seized fish shall be deposited
with the adjudicating officer under sub-section (2) of that section; (i) the procedure of the enquiry by the adjudicating
officer under sub-section (2) of section 17; (j) 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; (k) the condition that may be imposed in the notification
under sub-section (1) of section 5; (l) any other matter which is to be, or may be,
provided for by rules under this Act. (3) Every rule made under this Act or notification
issued under section 5, shall, as soon as possible, after it is made, or
issued, be placed on the table of both Houses of the Legislature, and if,
before the expiry of the session in which it is so placed or the next session,
both Houses agree in making any modification in any such rule, or notification
or both Houses agree that the rule or notification should not be made or
issued, the rule or notification shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification. (1) The Tamil Nadu Marine Fishing Regulation Ordinance,
1983 (Tamil Nadu Ordinance 2 of 1983), is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the said Ordinance including any notification, rules or
orders issued, returns furnished and statements filed shall be deemed to have
been done, taken, issued, furnished or filed under this Act. THE SCHEDULE. [See section 5(3).] Conditions subject to which a
mechanised fishing vessel shall carry on the fishing operation beyond three
nautical miles. 1.
The
mechanised fishing vessel referred to in sub-section (3) of section 5 shall
leave the notified place of berth or anchoring only after 5 a.m. and the
mechanised fishing vessel shall report back at the notified place of berth
concerned not later than 9 p.m. and such mechanised fishing vessel shall remain
at the notified place of berth or anchoring, till 5 a.m. of the following day. Explanation.--"Notified
place of berth or anchoring" in respect of a mechanised fishing vessel
means the place of berth or anchoring which the authorised officer shall
specify as a place of berth or anchoring for that mechanised fishing vessel. 2.
Any
other condition which the Government may, on the recommendation of the Director
of Fisheries, specify.
Preamble - TAMIL NADU MARINE FISHING
REGULATION ACT, 1983PREAMBLE