2. • MARITIME ZONE OF INDIA (REGULATION OF FISHING BY
FOREIGN VESSEL) ACT,1981
• THE MERCHANT SHIPPING ACT, 1958
• THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY
Act, 1972
CONTENTs
3. Maritime Zone Of India
(Regulation Of Fishing By
Foreign Vessel)Act,1981
4. Maritime Zone Of India (Regulation Of Fishing By
Foreign Vessel) Act,1981 is force by Central govt. of
India in the official gazette for REGULATING FISHING by
FOREIGN VESSEL in the territorial zone/ EEZ of India.
According to this act, “FISHING” means catching, taking,
killing, attracting or pursuing fish by any method includes
the processing, preserving, transferring, receiving and
transporting of fish.
5. According to this act, “FISH” means aquatic animal,
whether piscine or not, and includes shellfish,
crustacean, molluscs, turtle (chelonia), aquatic mammal
(the young, fry, eggs and spawn thereof), holthurians,
coelenterates, seaweed, coral (porifera) and any other
aquatic life.
According to this act, “FOREIGN VESSEL” means any
vessel other than an Indian vessel.
6. According to this act, “INDIAN VESSEL” means –
(I) a vessel owned by govt. or by a corporation
established by a central Act/ state act.
OR
(II) a vessel owned wholly by persons to each of whom
comes under following descriptions :-
i. a citizen of India.
ii. A company in which not less than 60 % of the
capital is held by citizens of India.
iii. A registration co- operative society every member
where is citizen of India or where any other co-operative
society is a member there, every individual who is a
member of such other co-operative society is a citizen of
India; and
iv. Which is registered under the merchant shipping
act, 1985.
7. According to this act, those foreign vessel have license
(under section 4) or permit (under section 5) they can be
fishing within maritime zone of India.
According to this act, a license granted/ permit granted
under following section: -
(a) shall be in such form as may be prescribed.
(b) shell be valid for such area, for such period, for such
method of fishing and for such purposes as may be
specified.
(c) may be renewed for time to time.
(d) shall be subject to such condition and restrictions as
may be prescribed and to such additional conditions and
restrictions as may specified there.
8. Provision For Cancellation or Suspension of License
or Permit:-
• If any holder of the license/ permit has made any false
statement, the license/ permit should be cancelled
immediately.
•Every person whose license or permit has suspended,
immediately after such suspension, stop using the
foreign vessel in which such license/ permit is given and
shall not resume such fishing until the order of
suspension has been revoked.
•Every holder of license/ permit which cancellation or
suspension shall, immediately after such cancellation or
suspension surrender such license/ permit to the central
govt.
9. Authorised officers and their power: -
Any officer of the coast guard or such officer of govt. as
may be authorised person by central govt. for this
purpose.
Power:-
i. Stop or board a foreign vessel in any maritime zone of
India and search such vessel for fish & for equipment
used or capable of being use for fishing.
ii. Any license, permit, log book or other document
related to the vessel & examine or take copies of such
license, permit, log book or document.
10. (Cont…..)
iii. Examine any catch, net, fishing gear or other equipment
on board vessel.
iv. Inquiries & arrest any person who, has committed any
offence.
v. In case any foreign vessel, who offends this act, is
pursued beyond the limit of EEZ of India, the power given
on an authorised officer, may be exercised beyond such
limits, in such circumstances, in accordance with
International law and State practice.
11. OFFENCE AND PENALTIES:-
•If any foreign vessel without any license or permit, fishing in any area within
the territorial water of India, punishable with imprisonment for a term not
exceeding 3 years or with fine not exceeding fifty lakhs or with both.
•If any foreign vessel without any license or permit, fishing in any area within
the EEZ of India, punishable with fine not exceeding 10 lakhs.
•Contravenes of license provision, punishable with fine not exceeding rupees
10 lakhs.
•Contravenes of permit provision, punishable with fine not exceeding rupees
50,000.
OR
Contravenes related to the area of operation or method of fishing specified in
permit, punishable with fine not exceeding rupees 5 lakhs.
• Foreign vessel entering maritime zones of India without license or permit to
stow gear, the owner/ master of such vessel shall be punishable with fine not
exceeding rupees five lakhs.
• Obstruction of any authorised officers, punishable with imprisonment for 1
year or fine not exceeding rupees 50,000 or both.
12. Reference: -
1. The maritime zones of India (Regulation of fishing by foreign
vessels) act, 1981
(http://www.ofdc.org.tw/regulation/fishlaw/rulepage/law/asia/E_i
ndia02.pdf)
14. THE MERCHANT SHIPPING ACT forester for the
development to ensure the efficient maintenance of an
Indian mercantile marine and for that purpose to
established a National Shipping Board and a Shipping
Development Fund, to provide for the registration of
Indian ships.
It comes into force by notification of Central
Government, in the Official Gazette.
15. Application of Act: -
• The provisions of this Act, apply to ships which are
registered in India or which are required to be registered
shall apply, wherever the ships may be.
• The provisions of this Act, apply to ships other than those
referred to in sub-section (1), shall apply only while any
such ships is within India, including the territorial waters.
16. Establishment of National Shipping Board: -
Central Government by notification in the Official Gazette
established a Board to be called the National Shipping
Board. This Board shall consist of the following members,
namely:-
(a) 6 members elected by Parliament, 4 members elected
by the House of the People and the other 2 members
elected by the Council of States;
(b) Other members, not exceeding 16; Central Government
appoint to the Board, to represent-
(i) The Central Government member,
(ii) Ship owners,
(iii) Seamen, and
(iv) Other member
17. • Board shall include an equal number of persons
representing the ship owners and seamen. The Central
Government shall nominate one of the members of the
Board to be the Chairman of the Board. The Board shall
have power to regulate its own procedure.
Functions of National Shipping Board: -
The Board shall give advice to the Central Government -
(a) On matters relating to Indian shipping, including the
development; and
(b) On other matters arising out of this Act as the Central
Government may refer to it for advice.
18. Mercantile Marine Department: -
Central Government establish the Mercantile Marine
Department at each of the ports of Bombay, Calcutta and
Madras and at such other port in India for maintain the
administration of this Act and the rules and regulations.
Director-General of Shipping: -
Central Government appoint a person to be the Director-
General of Shipping for the purpose of exercising or
discharging the powers.
19. Constitution and procedure of Marine Board: -
• A Marine Board shall consist of the officer convening the
Board and two other members.
•The two other members of the Marine Board shall be
appointed by the officer convening the Marine Board from
among persons conversant with maritime or mercantile
affairs.
• The officer convening the Marine Board shall be the
presiding officer thereof.
• A Marine Board, shall, subject to the provisions of this
Act, have power to regulate its own procedure.
20. Powers of Marine Board: -
•Maintaining safety of an Indian ship or her cargo or crew
etc. If necessary remove the master and appoint another
qualified person to act in his stead;
•Discharges a seaman from an Indian ship; order the wages
of any seaman; discharged or any part of those wages to be
forfeited decided by this board;
•Decide any wages, fines or forfeitures arising between any
of the parties to the proceedings;
21. (Cont….)
•Direct that any or all of the incurred by the master or
owner of an Indian ship or on the maintenance of a
seaman or apprentice while in prison outside India shall be
paid out of, and deducted from, the wages of that seaman
or apprentice, whether earned or subsequently earned;
•Order a survey to be made of any Indian ship which is the
subject of investigation;
22. (Cont….)
•If any master or officer of an Indian ship is incompetent or has been
guilty of any act of misconduct or in a case of collision has failed to
render such assistance, abandonment or stranding of or serious
damage to any person has been caused by the wrongful act or
default of any master or ship's officer of an Indian ship, suspend the
certificate of that master or ship's officer for a stated period.
But provided that no such certificate shall be suspended unless the
master or officer concerned has been furnished with a statement of
the case and has also been given an opportunity of making a defence
either in person.
All orders, made by a Marine Board shall, be entered in the official
log book of the ship which is the subject of investigation or on board
which the casualty or occurrence or conduct investigated took place,
and be signed by the presiding officer of the Board.
23. Formation of Shipping Development Fund: -
For maintaining Indian mercantile marine formed a fund to
be called the Shipping Development Fund & it shall be
credited to-
(a) The amount of such grants as the Central Government
may make for being credited to the Fund;
(b) The amount of any loans advanced by the Central
Government to the Committee constituted under section
15 for carrying out the objects of the Fund;
24. (c) Such sums of money may, from time to time, be realized
out of repayment of loans made from the Fund or from
interest on loans or dividends from investments made from
the Fund;
(d) Other sums as may be received for being credited to the
Fund.
Shipping Development Fund Committee: -
The Central Government constitute a committed to be
called the Shipping Development Fund Committee
consisting of a chairman and such number of other
members, not exceeding six. The Committee shall have
power to regulate its own procedure.
25. Application of the Shipping Development Fund: -
(1) The Fund shall be applied towards meeting the expenses
of the Committee and for granting loans and financial
assistance for acquisition and maintenance of ships.
(2) The Committee shall not grant any loan or give any
financial assistance to any person referred to in sub-section
(1) except on such terms and conditions as the Central
Government may from time to time specify.
(3) The Committee shall maintain proper accounts and other
relevant records and prepare an annual statement of
accounts in such form as the Central Government may, in
consultation with the Comptroller and Auditor-General of
India, prescribe.
26. (4) The accounts of the Committee shall be audited by the
Controller and Auditor-General of India or a person
authorised by him in this behalf at such intervals as the
Comptroller and Auditor-General of India may specify and any
expenditure incurred in connection with such audit shall be
payable by the Committee.
(5) The Controller and Auditor-General of India and any
person authorised by him in connection with the audit of the
accounts of the Committee shall have the same rights,
privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection
with the audit of Government accounts and, in particular,
shall have the right to demand the production of books,
accounts, connected vouchers and other documents and
papers and to inspect any office of the Committee.
27. (6) The accounts of the Committee as certified by the
Controller and Auditor-General of India or any person
authorised by him in this behalf, together with the audit
report thereon, shall be forwarded to the Central
Government and that Government shall cause the same to
be allied before each House of Parliament.
Penalties: -
•If any person contravenes any provisions of this Act shall
be guilty of an offence and as a penalty fine Rs. 100 to
extend 10,000,otherwish imprisonment from 3 month to 6
month or both.
•The amount of penalty varies with offence, different for
different section of this laws.
30. INTRODUCTION: -
THE MARINE PRODUCTS EXPORT DEVELOPMENT
AUTHORITY Act, 1972, was force by central govt. 20th
April, 1972.
This act provide for the establishment of an
authority for the development of the marine
products and marine product industry under the
control.
It extends to the whole of India.
31. Establishment and constitution of the Authority: -
Central Government in the behalf, of this act, an authority is
established which is called the Marine Products Export
Development Authority. The Authority shall consist of the members,
namely: -
1. A chairman: - to be appointed by the Central Government;
2. Director :- ex- officer ;
3. Three members of Parliament of whom two shall be elected
by the House of the people and one by the Council of States;
4.Five members to represent respectively the Ministries of the
Central Government dealing with:-
i) Agriculture,
ii) Finance,
iii) Foreign trade,
iv) Industry, and
v) Shipping and transport.
32. Such number of other members not exceeding twenty, to be appointed
by the government, among persons who are representing:
i) The Governments of the States or Union Territories having a sea-
coast;
ii) The interests of owners of fishing vessels, processing plants or
storage premises for marine products and conveyances used for the
transport of marine products.
iii) The interest of dealers;
iv) The interests of persons employed in the marine products
industry;
v) The interest of person employed in research institutions engaged
in the researches connected with the said industry; and
vi) Such other persons or class of persons who, in the opinion of the
Central Government, ought to be represented on the Authority.
Any officer of the Central Government, not being a member of the authority.
The Authority shall elect from among its members a Vice-Chairman who shall
exercise such of the powers and perform such of the functions of the Chairman
as may be prescribed or as may be delegated to him by the Chairman.
33. Functions of the Authority: -
(1) Promote, by such measures as it thinks fit, the development
under the control of the Central Government of the marine
products industry with special reference to exports.
(2) Developing and regulating off-shore and deep-sea fishing and
undertaking measures for the conservation and management of off-
shore and deep-sea fisheries.
(3) Registering fishing vessels, processing plants or storage premises
for marine products and legal transport of marine products.
(4) Fixing of standards and specifications for marine products for
purposes of export.
(5) Rendering of financial or other assistance to owners of fishing
vessels engaged in off-shore and deep-sea fishing and owners of
processing plants or storage premises for marine products and legal
used for the transport of marine products, and acting as an agency for
such relief and subsidy schemes as may be entrusted to the Authority.
34. (6) Carrying out inspection of marine products for the
purpose of ensuring the quality of products.
(7) Regulating the export of marine products,
(8) Improving the marketing of marine products outside
India,
(9) Registering of exporters of marine products on payment
of such fees as may be prescribed,
(10) Collecting statistics from persons engaged in the
catching of fish or other marine products, owners of
processing plants or storage premises for marine products,
exporters of such products etc.
(11) Training in various aspects of the marine products
industry.
35. Application of Fund:-
• For meeting the salaries, allowances and other
remuneration of the officers and other employees of the
Authority;
• For meeting the other administrative expenses of the
Authority;
• For meeting the cost and
• For repayment of any loans from the Central Government
or from any institution.
36. Dissolution of the Authority: -
Central Government notified in the official Gazette when the
Authority is dissolved under the provisions of sub-section (1) –
(a) all members notwithstanding that their term of office has not
expired, shall, from the date of dissolution, vacate their offices as
such members;
(b) all powers and duties of the authority shall, during the period of
dissolution, be exercised and performed by such person or persons as
the Central Government may appoint in this behalf;
(c) all funds and other property vested in the Authority shall during
the period of dissolution, vest in the Central Government; and
(d) As soon as the period of dissolution expires, the Authority shall be
reconstituted in accordance with the provisions of this Act.
Executive officers of the Authority and other staff: -
The Chairman, the Director, the Secretary and other employees of the
Authority comes under this section.
37. Reference: -
1. THE MARINE PRODUCTS EXPORT DEVELOPMENT
AUTHORITY Act, 1972.No. 13 of 1972, Government of
India Law and Justice.
(http://www.indiankanoon.org/doc/137892)
