Management of IndianFisheries (Regulations) PRESENTED BY: - ARNAB BASU ROLL No. – 04 IV th SEM S.I.F; C.U.S.A.T - 16
CONTENTs• MARITIME ZONE OF INDIA (REGULATION OF FISHING BYFOREIGN VESSEL) ACT,1981• THE MERCHANT SHIPPING ACT, 1958• THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITYAct, 1972
Maritime Zone Of India(Regulation Of Fishing By Foreign Vessel) Act,1981
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 includesthe processing, preserving, transferring, receiving andtransporting of fish.
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.
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.
According to this act, those foreign vessel have license(under section 4) or permit (under section 5) they can befishing within maritime zone of India. According to this act, a license granted/ permit grantedunder following section: - (a) shall be in such form as may be prescribed. (b) shell be valid for such area, for such period, for suchmethod of fishing and for such purposes as may bespecified. (c) may be renewed for time to time. (d) shall be subject to such condition and restrictions asmay be prescribed and to such additional conditions andrestrictions as may specified there.
Provision For Cancellation or Suspension of Licenseor Permit:-• If any holder of the license/ permit has made any falsestatement, the license/ permit should be cancelledimmediately.•Every person whose license or permit has suspended,immediately after such suspension, stop using theforeign vessel in which such license/ permit is given andshall not resume such fishing until the order ofsuspension has been revoked.•Every holder of license/ permit which cancellation orsuspension shall, immediately after such cancellation orsuspension surrender such license/ permit to the centralgovt.
Authorised officers and their power: -Any officer of the coast guard or such officer of govt. asmay be authorised person by central govt. for thispurpose. Power:-i. Stop or board a foreign vessel in any maritime zone ofIndia and search such vessel for fish & for equipmentused or capable of being use for fishing.ii. Any license, permit, log book or other documentrelated to the vessel & examine or take copies of suchlicense, permit, log book or document.
(Cont…..)iii. Examine any catch, net, fishing gear or other equipmenton board vessel.iv. Inquiries & arrest any person who, has committed anyoffence.v. In case any foreign vessel, who offends this act, ispursued beyond the limit of EEZ of India, the power givenon an authorised officer, may be exercised beyond suchlimits, in such circumstances, in accordance withInternational law and State practice.
OFFENCE AND PENALTIES:-•If any foreign vessel without any license or permit, fishing in any area withinthe territorial water of India, punishable with imprisonment for a term notexceeding 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 withinthe EEZ of India, punishable with fine not exceeding 10 lakhs.•Contravenes of license provision, punishable with fine not exceeding rupees10 lakhs.•Contravenes of permit provision, punishable with fine not exceeding rupees50,000. ORContravenes related to the area of operation or method of fishing specified inpermit, punishable with fine not exceeding rupees 5 lakhs.• Foreign vessel entering maritime zones of India without license or permit tostow gear, the owner/ master of such vessel shall be punishable with fine notexceeding rupees five lakhs.• Obstruction of any authorised officers, punishable with imprisonment for 1year or fine not exceeding rupees 50,000 or both.
Reference: - 1. The maritime zones of India (Regulation of fishing by foreignvessels) act, 1981(http://www.ofdc.org.tw/regulation/fishlaw/rulepage/law/asia/E_india02.pdf)
THE MERCHANT SHIPPING ACT forester for thedevelopment to ensure the efficient maintenance of anIndian mercantile marine and for that purpose toestablished a National Shipping Board and a ShippingDevelopment Fund, to provide for the registration ofIndian ships. It comes into force by notification of CentralGovernment, in the Official Gazette.
Application of Act: -• The provisions of this Act, apply to ships which areregistered in India or which are required to be registeredshall apply, wherever the ships may be.• The provisions of this Act, apply to ships other than thosereferred to in sub-section (1), shall apply only while anysuch ships is within India, including the territorial waters.
Establishment of National Shipping Board: -Central Government by notification in the Official Gazetteestablished a Board to be called the National ShippingBoard. 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 Governmentappoint to the Board, to represent-(i) The Central Government member,(ii) Ship owners,(iii) Seamen, and(iv) Other member
• Board shall include an equal number of personsrepresenting the ship owners and seamen. The CentralGovernment shall nominate one of the members of theBoard to be the Chairman of the Board. The Board shallhave 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 thedevelopment; and(b) On other matters arising out of this Act as the CentralGovernment may refer to it for advice.
Mercantile Marine Department: -Central Government establish the Mercantile MarineDepartment at each of the ports of Bombay, Calcutta andMadras and at such other port in India for maintain theadministration 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 ordischarging the powers.
Constitution and procedure of Marine Board: -• A Marine Board shall consist of the officer convening theBoard and two other members.•The two other members of the Marine Board shall beappointed by the officer convening the Marine Board fromamong persons conversant with maritime or mercantileaffairs.• The officer convening the Marine Board shall be thepresiding officer thereof.• A Marine Board, shall, subject to the provisions of thisAct, have power to regulate its own procedure.
Powers of Marine Board: -•Maintaining safety of an Indian ship or her cargo or crewetc. If necessary remove the master and appoint anotherqualified person to act in his stead;•Discharges a seaman from an Indian ship; order the wagesof any seaman; discharged or any part of those wages to beforfeited decided by this board;•Decide any wages, fines or forfeitures arising between anyof the parties to the proceedings;
(Cont….)•Direct that any or all of the incurred by the master orowner of an Indian ship or on the maintenance of aseaman or apprentice while in prison outside India shall bepaid out of, and deducted from, the wages of that seamanor apprentice, whether earned or subsequently earned;•Order a survey to be made of any Indian ship which is thesubject of investigation;
(Cont….)•If any master or officer of an Indian ship is incompetent or has beenguilty of any act of misconduct or in a case of collision has failed torender such assistance, abandonment or stranding of or seriousdamage to any person has been caused by the wrongful act ordefault of any master or ships officer of an Indian ship, suspend thecertificate of that master or ships officer for a stated period.But provided that no such certificate shall be suspended unless themaster or officer concerned has been furnished with a statement ofthe case and has also been given an opportunity of making a defenceeither in person. All orders, made by a Marine Board shall, be entered in the officiallog book of the ship which is the subject of investigation or on boardwhich the casualty or occurrence or conduct investigated took place,and be signed by the presiding officer of the Board.
Formation of Shipping Development Fund: -For maintaining Indian mercantile marine formed a fund tobe called the Shipping Development Fund & it shall becredited to-(a) The amount of such grants as the Central Governmentmay make for being credited to the Fund;(b) The amount of any loans advanced by the CentralGovernment to the Committee constituted under section15 for carrying out the objects of the Fund;
(c) Such sums of money may, from time to time, be realizedout of repayment of loans made from the Fund or frominterest on loans or dividends from investments made fromthe Fund;(d) Other sums as may be received for being credited to theFund. Shipping Development Fund Committee: -The Central Government constitute a committed to becalled the Shipping Development Fund Committeeconsisting of a chairman and such number of othermembers, not exceeding six. The Committee shall havepower to regulate its own procedure.
Application of the Shipping Development Fund: -(1) The Fund shall be applied towards meeting the expensesof the Committee and for granting loans and financialassistance for acquisition and maintenance of ships.(2) The Committee shall not grant any loan or give anyfinancial assistance to any person referred to in sub-section(1) except on such terms and conditions as the CentralGovernment may from time to time specify.(3) The Committee shall maintain proper accounts and otherrelevant records and prepare an annual statement ofaccounts in such form as the Central Government may, inconsultation with the Comptroller and Auditor-General ofIndia, prescribe.
(4) The accounts of the Committee shall be audited by theController and Auditor-General of India or a personauthorised by him in this behalf at such intervals as theComptroller and Auditor-General of India may specify and anyexpenditure incurred in connection with such audit shall bepayable by the Committee.(5) The Controller and Auditor-General of India and anyperson authorised by him in connection with the audit of theaccounts of the Committee shall have the same rights,privileges and authority in connection with such audit as theComptroller and Auditor-General of India has in connectionwith the audit of Government accounts and, in particular,shall have the right to demand the production of books,accounts, connected vouchers and other documents andpapers and to inspect any office of the Committee.
(6) The accounts of the Committee as certified by theController and Auditor-General of India or any personauthorised by him in this behalf, together with the auditreport thereon, shall be forwarded to the CentralGovernment and that Government shall cause the same tobe allied before each House of Parliament. Penalties: -•If any person contravenes any provisions of this Act shallbe guilty of an offence and as a penalty fine Rs. 100 toextend 10,000,otherwish imprisonment from 3 month to 6month or both.•The amount of penalty varies with offence, different fordifferent section of this laws.
Reference: -1. THE MERCHANT SHIPPING ACT, 1958.
THE MARINE PRODUCTS EXPORTDEVELOPMENT AUTHORITY Act, 1972
INTRODUCTION: - THE MARINE PRODUCTS EXPORT DEVELOPMENTAUTHORITY Act, 1972, was force by central govt. 20thApril, 1972. This act provide for the establishment of anauthority for the development of the marineproducts and marine product industry under thecontrol. It extends to the whole of India.
Establishment and constitution of the Authority: -Central Government in the behalf, of this act, an authority isestablished which is called the Marine Products ExportDevelopment 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 electedby the House of the people and one by the Council of States; 4.Five members to represent respectively the Ministries of theCentral Government dealing with:- i) Agriculture, ii) Finance, iii) Foreign trade, iv) Industry, and v) Shipping and transport.
Such number of other members not exceeding twenty, to be appointedby 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 orstorage premises for marine products and conveyances used for thetransport of marine products. iii) The interest of dealers; iv) The interests of persons employed in the marine productsindustry; v) The interest of person employed in research institutions engagedin the researches connected with the said industry; and vi) Such other persons or class of persons who, in the opinion of theCentral 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 shallexercise such of the powers and perform such of the functions of the Chairmanas may be prescribed or as may be delegated to him by the Chairman.
Functions of the Authority: - (1) Promote, by such measures as it thinks fit, the developmentunder the control of the Central Government of the marineproducts industry with special reference to exports. (2) Developing and regulating off-shore and deep-sea fishing andundertaking measures for the conservation and management of off-shore and deep-sea fisheries.(3) Registering fishing vessels, processing plants or storage premisesfor marine products and legal transport of marine products.(4) Fixing of standards and specifications for marine products forpurposes of export.(5) Rendering of financial or other assistance to owners of fishingvessels engaged in off-shore and deep-sea fishing and owners ofprocessing plants or storage premises for marine products and legalused for the transport of marine products, and acting as an agency forsuch relief and subsidy schemes as may be entrusted to the Authority.
(6) Carrying out inspection of marine products for thepurpose of ensuring the quality of products.(7) Regulating the export of marine products,(8) Improving the marketing of marine products outsideIndia,(9) Registering of exporters of marine products on paymentof such fees as may be prescribed,(10) Collecting statistics from persons engaged in thecatching of fish or other marine products, owners ofprocessing plants or storage premises for marine products,exporters of such products etc.(11) Training in various aspects of the marine productsindustry.
Application of Fund:-•For meeting the salaries, allowances and otherremuneration of the officers and other employees of theAuthority;• For meeting the other administrative expenses of theAuthority;• For meeting the cost and• For repayment of any loans from the Central Governmentor from any institution.
Dissolution of the Authority: -Central Government notified in the official Gazette when theAuthority is dissolved under the provisions of sub-section (1) –(a) all members notwithstanding that their term of office has notexpired, shall, from the date of dissolution, vacate their offices assuch members;(b) all powers and duties of the authority shall, during the period ofdissolution, be exercised and performed by such person or persons asthe Central Government may appoint in this behalf;(c) all funds and other property vested in the Authority shall duringthe period of dissolution, vest in the Central Government; and (d) As soon as the period of dissolution expires, the Authority shall bereconstituted 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 theAuthority comes under this section.
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)