AndamanAnd Nicobar Gazette

arnTtm'UTEXTRAORDINARY~ ~ SlCflI~ld

Published by Authority<to 100, 'tlli~,~, 14 ll{, 2004

No. 100, Port Blair, Friday, May 14, 2004

ANDAMAN AND NICOBAR ADMINISTRATIONSECRETARIAT

NOTIFICATION

Port Blair, daled the 14'" May, 2004

No.9312004'.IF.No 5-1 (276)/2002-Dev.l-The Andaman and Nlcobar Islands Manne FishingRegulation. 2003 (No.1 of 2003)- Part II - Seclion I (No. 63 dated 18th December. 2003) is herebyrepublished for the informalion of general public.

By order and in the name of the lieutenant Governor.

Sd/·(Theresa Sandanam)

Assistant Secretary (Fisheries)

MINISTRY OF LAW AND .JUSTICE

(Legislative Department)

New Delhi. the 1(ih December. 2003lAgmhayana 27, 1925 (Saka)

THE ANDAMAN AND NICOBAR ISLANDS MARINE FISHINGREGULATION, 2003

No.1 of 2003

Promulgated by the President in the Fifty-fourth Year of the Republic oflndla,

A Requlation to provide for the requlation of sea fishing of fishingvAssels in the walors surrounding the Union Territory of U,e Andaman andNicobar Islands and for mailers connected therewith.

In exercise of the powers conferred by article 240 of the Constitution.the President is pleased to promulgate the following Regulation made byhim:-

CHAPTER IPRELIMINARY

1. {1) This regulation may be called the Andaman and Nicobar IslandsMarine Fishing RegUlation. 2003.

(2) II extends to the whole of the Union Territory of the Andaman'and Nicobar Istanus.

(3) It shall come into force on such date as theAdministrator may, by notification in the Official Gazette. appoint;and different uates may oe appointed for different provisions of

Short litle.extentand

commence­ment.

2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, MAY 14, 2004.

this Regulation and any reference in any such provision to the commencement of thisRegulation shall be construedas a referenceto Ute cominginto forceof that provision.

Definitions. 2. In Utis Regulation,unless the contextotherwiserequires,-

b) ·'a.cijndic3Iing offleer' , means My officer of the- Fisheries Department not

below the rank of an Assistant Dlrector.of Fisheries authorised under-section 3 toexercise the powers conferred00, and to dischargethe duties imposedupon, such anofficer by this Regulation for such areas as may be specified by notification in theOfficial Gazette.

(b) "Administration" means the Administrationof the Union territory of theAndaman and NicobarIslands;

(e) "Administrator" means Ute Administrator of Ute Union territory of \heAndarnan and Nicobar Islands appointed by the President under article 239 of theConstitution;

(el) "Appellate Board" meanstheAppellate Boardconstituted undersection 18;

(e) "authorised officer" meansan officer not below Ute rank of an AssistantDirector of Fisheries, authorised by Ute Administratorby notification in the OfficialGazette, \0 exe rc ise the powers co nferred on , and discharge the duties impos ed uponsuch officer by this Regulation;

(f) "fish" meansany vertebrate and invertebrate animal in Ute sea, and includeslid., crustacean, shellfish, sea cucumber(beche-de-mer),seagrassesBlld conds (deador living), excludingUte animalscoveredundertheWildLife(Protection) Act, 1972; SJ<

(g) . ,Fisheries Department" meansUte Fisheries Department of the Administra-tion:

(h) " fisheryofficer" meansan officer of the rank of Assistanlfisheries Guardbut not above the rankof AssistantFisheries Development Officerin the Departmentof Fisheriesor any otherofficerof theAdministration or Ute CentralGovernment, asmay be appointed by the Administrator by notification in the OfficialGazelle;

(I) "fislling" meansexploitation, catchingorcollection ofvertebrateand invertc­brate animals in Ute sea excludinganimalscoveredunder the Wild Life (Protection)Act, I~ 1:.1, and includesfish, crustacean, shellfish,sea cucumber(beebe-de-mer). sea 5),,1

~rasses and corals (dead or living) by applying or operating any fishing gears orcuhure of fish and its harvest in the waters surrounding Ute Union territory of theAndaman and Nicober 1<I.od5;

(j ) " fishing gears" in relation to fishing, includesimplements, nets, hooks andlines. cages. traps harpoons but does not include the explosives, poisons andchem ica ls orany o ther device of mass destruction:

(A)"'ishing vessels" means a ship or boat, Whether or not lined w ith mecha­nised means of propulsion, which is engaged in sea fishing for profit and includes acatamaran, country craft, canoe and dinghy engaged in sea fishing;

(I) " port" means the space within such limits as may, from time to time, be,kl i<l" u by lile Administrator, by notificationin theOfficial Gazelle, for the purposes ofIhis Regu lation:

(m) " prescribed" meansprescribed by rules made under thisRegulation;

tn ) " I<.: ~i~k t (" d n"hing ve ssel" mcnnx .

{J) a rl~h ing vesse l rcg i"I Ncd under section II of the Ma rine ProuucrsExport DevelopmentAuthority Act, 19i2; j) ,ofI9

( ii) a ves sel regi stered U 8 fish ing vessel under sect ion 9;

[HE ANDAMAN AND NIC08AR EXTRAORDINARY GAZETTE. MAY 14, 2004. 3

(n) " specified area" means such area or areas in ihe waters surrounding thel lnion territory of the Andaman and Nieobar Islands, bUI not beyond the territorialWJh:rs. as Ina)'be specified by the Adm inistrator, by nolifiC2tion inthe Official Gazelle.

J . The Ad",in;,<lmlor may, by notiticalion inlheOffici.1Gazette, aulhorise anyofficerofthe Adruin istrat ic u orof Central Government to exercise the powersconferred on, andtoUi"ilhilf ).:l"the dut ies imposed upon, an authorised officer under lids Regulation in such .arca

ut '\ICOIS ' IS may be specified in U10 notification.

CIIAPTERII

RtGlILAnotl0> F'SnlNG

4. (I) TIleAdministrator, may,havingregard to the provisions of sub-section (2), byordernouned In theOfficial Gazelle, regulate, restrictor prohibit-

(iI) Ihe fishing inanyspecifiedareaby suchclassor classesoffishing vesselsasmay be prescLij>ed; or

(b) thenumberof fishing vessels whichmaybe used for fishing in anyspecifiedarea; or

(c) the catching inany specified area of such speciesoffish and for such periodas may be specified in the notification: or

(ei) the use of such fishinc gear in nnyspecified area as may beprescribed; or

(e) fishing in any specified area during such period of day or night as may beprescribed.

(2) In makingan orderundersub-section (I ).the Administratorshalthavedue regardto the followingmailers,namely:-

(0) the need to protect the inte rest of different sections of persons ellgaged infishing, particularly thoseengaged in fishing by using traditional fishingcrafts sucha~ catamaran, country craft. canoe ordinghy;

(b) Ille need 10 conservelish and 10 regulate fishing on a scientific basis;

(c) Ihe need to maintain law and orderin the sea;

(d) the need to IC3se nnyspecified area euu uuuding the islands to conservether;,h or shellfis h or to culturethe fish or shellfish',

: ;) theneed 10 leaseoUI righl10 fish in Iheterritorial watersfor fISh cultureandharvest; and

V) allY other matter as maybe prescribed.

5. Nnown er 01 uurstcr ora fish ing vessel shall usc.or t3USe toallow such vessel toheused, Iorfishillg ill any mannerwhichcontravenes an order made undersection4:

Provided thaI nothing in such order shall be construed as preventing the p3SS3gc ofalt ~ · Ii,h illgvessel from. or to, the shore, throughany area whetherspecifiedarea or other­\\ i-a-:

l'tuvidcd further that the palli.'lOine or such fishing vessel through a.ny specified area

~h ; 1 1I nut. in any mann er.causeany damage to any fishing nets or tackles belonging to anyacrsou who engage s in filih ing in the specified area by using any traditional fishing cr aft;Il l'll ;1 \ l';llalll;l lillJ, country crat l, canoe or dinghy ill accordance with the provisions of this~t..' ~~III ;lIlt)J1.

A tl(hori ~;'l'i (1fI

of offlcc!!,

Powertoregulate,restr ict orprohibitcertainmailers wiuunspecified area.

I" ohihilioll uuusc or Ii~hill e

vessels in con­Invent io n o rany ordermadeundc' sec­lion 4,

(,. ( /) The ownerof a fishing vessel rna)' make an application (0 the authorised officer l;i ccn .~i l1 l! u l

'I tht: Cl i1l11 (lr ;l licence for using such fi,hin~ ves se l for r. ..hin8 in any spe cified area. Iishinn yc \~c l~

4

"Illhihil l(lll III1 ' " I1 ",, ~ 11\ u~ ill J.,:

rl ,ht ll l' \' l' ~ "l'l"

\\ III"II ;\1 " 'loti11\ ' \ ' ..svd

( ' .1I1l' l' l l;l 1iou,

' \l' I'"' " .. tou lll ll i

," , \>' " .1'1\0''' 1 Il l'

I ' l' l 'l l l \ ' ..

" q~ t \l r.U h' " I"

' ; ,;l IIII~: \ vvvc\..

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004 .

(2) Every applicalion under sub-section (/) shall be in such [orm, contain suchpa'tienlars, and be accompaniedby such fees, as may be prescribed.

(3) The authorised officer may. after making such inquiry as he may deem fit andhaving regard to themallers referredtoinsub-section(4).eithergrantorrefuseto gr;~Jlt.tothe owner of the fishing vessel a licence for using such fishing vessel for Iishing Ul thespecified area or specifiedareasas may be mentioned in such licence.

(./) In granting or refusing to grant a licence under sub-seclion (3). the authorisedolficer shallhave regardto thefqllowing matters, namely:-

(u) whether tue fishing vessel is registered or not;

( /0) Ihe curulitiou of the fi shing vessel including the accessories and Iishingr,~:H Willi wlr icl] It is Ilttcd ;

(e) whether any order has been made under section 4; and

(d) any other nmt tc r us may he presc ribed.

(5) A linccnce granled under this seclion shall be in such fonn and valid for suchperiod and subject to such conditions, including conditionsas to payment of such fees andfurnishing such sec urity for the due perform ance of the conditions, IlS may be presc ribe d:

Provided that different fees and different amounts by way of security may beprescribed in respect of licences for differentclassesof fishing vessels.

(0) A licence granted under this section may be renewed by the authorised oflicersubject to the rules made under sub-section (5).

7_No personshall. after the commencement of thisRegulation, carryon fishing in anyspecified area using a fishing vessel. which is not licencedunder section6:

I', ,,vided 'hal nOlh in!; in this section shall apply to a fishing vessel, which was beingused for r" hing in such area immediately before the commencement of this Recut.. ion, forsuch period as maybespecified by theAdministrator.by notification in theOfficialGazette,

H. (I) If the Authorised Ofiicer is satisfied, either on a reference made to him in this,hch .il! ur oth erwise , that-

(01) a licence granted undersection 6 has been obtainedby misrepresentation astil an essential fact; or

(b) the Iluhk, or a licence has, WIthout reasonablecause. failed10comply withthe conditions subject to which the licence has been granted or has contravened anyof the provisions of this Regulationor any order or rule made thereunder.

th CII , without prej udi ce 10 any other penaltyto which the holderof the licence may be liableunder this Regulation, the authorised officer may, after giving the holder of the licence areasonable opportunity of showing causeand being heard. cancelor suspend the licence orforfeit the whole or any part or security, if an}', furnished for the due perfouuancc of theconditions subject 10 which the licence has been granted.

(2) Subject to any rules that may be madein thisbehalf, theauthorised officer may, forreasons to be recorded ill writing, also vary oramend a licence granted under sectio n 6.

q. (I) No owner of a "esseIother than a fishingvessel registeredunder section II ofthe ~I a , inc Products Export Development Authority Act, 1972. shalluscorcause to be usedtor th e rurpo "i(,~ of fi sh in~ in the specified area, unless such vessel is registered as a fishing\ l"i Sd under th is Rcgu lnrion.

(2) E"cry application for registration of a vessel as a fishing vessel shall be made bythe 0\\ ncr the reo f In the author-ised officer in such fouu and in such manner and shal l beaccotupnnicd by such fees, as may be prescribcd.-

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE. MAY 14, 2004 . 5

(a) before ihe expiry of one month from the dateon which he became the ownerof such vessels; or

(I') beforeule expiryot uireemonthshomthecommencement of III is Regulation,

whichever is later:

Provided th;\l the auta orised offic er rna)', for reason s to be recorded in writ ing. extend

the lime limit for registration by such period or periods notexceedingsix monthsata time. ashe may think flt.

( J) The authoriscd ottlccr shall assign a rcgistrauon number 10Illevessel and issue tothe owner or the vessel registeredby hima certificateof'rcgistration in the prescribed from,md shall enicr the particulars of the certificate in the register 10 be kepi by him in such formas may be prescribed:

Provided Ihillthe authorisedofficer may, forreasons 10 be recorded inwriting, refuseto register the vessel.

(4) '1he registration once made shall continue 10be in force until it is cancelled by theauthorised officer.

(5 ) Eve')' vessel registered under thisseclion shall carrythe rcgistrarlcn mark assigned10 it by the aurhoriscd officer and such mark shall be displayed On the vessel in theprescribed manner.

( f» No vessel, nther than a registered fishing vcssel, shall be entitled to apply for alicence under section 6.

W, Where a registered fishing vessel moves Irom the arc? of one port 10 the ar"" of:mu !!H:I' pt'.I , fur l i:oh iu~ in lh ilt aIC.,. the uwner of such fishingvessel shall give inform ationI" Ih'lI effect, in the prescribed manner, to the authorised officer by whom such lishingvcsscl wa«registered and also to the port officer having jurisdiction over the area to whichsu ch Ii shillg vessel mo ves,

I r. U) h ely OWUt. " fa registered fishing vessel shall furnish to Iheauthorised officer;11 surh lII [l'l \'; :1 ilml in such rnauncr such return as may beprescribed.

( 2)1 he authonscd officer may enter upon and inspectany registered fishing vessel alauy time ,,, verify the correctness of any return furnished by the owner under sub­,« 1;'11I ( I).

12. (I) Any person aggrieved by an order made under section 6 or section 8 orsection <) 11Iay, within lhirty days from the daleon which the order iscommunicated to him,I'lel l'r an appeal before the adjudicating officer in the prescribedmanner:

1'. "" jtkt llhal lh< adjudicaling officer may entertain the appeal after the expiry of the,aid l'<'I i"d " I 'hilll' ,lays, bUI not beyond sisly days, if he is satisfied that the appellant was1 1 I n l'1l 1nlll~' slI l l ir it' 111l' :IUsc: frol11 filing the appeal in time.

( .'1 1111 "'n'ipt O( an :ll'peal under sub-section ( I), the adjudicating officer shall, allcrgil iug Ihe I',utics a rca<ouablc opportunity of being heard. pass such orders thereon as he(k n ll' Iii;" n prditioll\ ly a~ possible. and in,my C3~r. beforethe expiry ofthrcc I1IOlllli s fWIIl

1111' 11,111' 1 1f l ililll: 1ll" ;l jl il l';d

Inf"r ll1alil ln Inbe ~iven to thea uthcriscd 0 ('

fleer aboutmovement orfuhhl ~ ,'c\~c1 \ .

It clurO\ 10 heIumi sh cd h)(, \\,,~ r of rc~is ­

tcrc d fishingvessels.

Appeal Jl~:lin~1

ordcrs madeunder sect io nb . secuon ~ Ot

section 9.

1.'. I \l" l y lishl'l)" nt ticcr shall assist (he authorised officer in the discharge of his I'owers anddlll il'" ilnd 1II ,I y dUlin I l (

fh hcry'oi l il1 l l' l pO.'il· for tile purp ose of preventing, and shall to the best o f his ability oUicer) .

[u l"\ t'ul. ,11\' 1"1 111111 1i..sion of an OnCIICe punishable under Ch is Regu lation;

r")"",\" inl,' <l ily n: .\~c: 1 or prcuuscs , tor inspecting fishing implements: or fish11 11.'1 1'111 ,mil d ied, the pl l"q ' ''si o fl o f the fishing licence and rc a is trat ion of the vessel;

6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZEITE, MAY 14, <

i' l" \ ct t, } ~'nl lor

;f l l d ~ 1 : . II ~ h 1i..11­1111: \ :"\ \\ "h

( IL'I(\,h (,t li ..11\ \11'. .. \,,,.,,' L ~\\l' \

d l "l', ' ~a l I I[

,("i/~',l li',\1

I'enal!)'.

(e) conductfieldvertication of the fishing implements andcraftsavailalthe pan ics wh o hav e applie d for fish ing licence; and

(d) on knowingthedesign of any personto commit anoffencepunishab!this Regulation, bring thesame to the noticeof the authorised officer.

!4. If the authorised officerhas, either00 receipt of a report of the fishery ofotherwise, reason to believethat aoy fishing vessel is beingor has been used in callnon ~lf ;lIl Y provision of his Regulation or of any order or rule made thereunder or of\ lt~ \:o lllh lio l\!'l of the licence, he Jnay enter and s earch such vessel a.nd impound the

and seize the fish found in it.

l~ . (I) The authorised officer shall keep the fishing vessel impounded under:\ ·1 , ill such place and in such manner as may be pres cribed.

(2) In theabsenceof suitable facili tiesfor thestorage of'thcfishseized, the autl:olf iccr may. ifhe isof theopinion that thedisposal ofsuch fishis necessary, dispose(I r ~d l lllle! depo s it the proc eeds the reof in the pre sc ribed manner in the; office; ca~lj~Jic;\lil\l~ ulliccr,

CHAPTER III

A OJUDICATlON

I(t , (I) Where any authorised officerhas reason 10 believethat any fishing vebi,.:i llg. or has been, used in contravention ofany of the provisions of this Regulat ionan)' rule or order made thereunderor of anyof theconditionsof the licence, he shallnrcpon thcrcof'to the adjudicating officer.'

(2) The adjudicating officer shall hold an inquiry into the mailer mentionedreport in the prescribed manner after giving all the parties concerned a reasoopportunity of being heard.

17. ( I) Theadjudicating officer shall, after theinquiry undersub-section (2) of Sf

16, decide whether any persons has used, or caused or allowed to be used, any fvessel in contravention of any of the provisions of this Regulation or of any rule ormade thereunder or allYof the conditions of the licence. and any such person, on ;Iound ~" i lty by the i1djudicalingotncer, Shall be liable to suchpenallynot exceeding,

{~f) ill case the vessel involved is lifiy feel or above in Icngth,-

(i) five thousand rupees, if the value of the fish involved j" I)JH~ thotrupees or less; .

(i i) five times thevalueofthe fish, if thevalue of the fish involved is I

than one thousand rupees; or

(Iii) five thousandrupees, in any other case, being a case not invo]fish, as may beadjudged by the adjudicatingofficer;

(b) incase die vessel involved Isbelowlilly leet in IengUI,-

(i) one thousand rupees, if the valueof the fish involved is notmoreone hundred rupees; or

( ii) five limesIhe valueof the fish. if the value of the fish involved is nthan one hundred rupees but not morc than one thousand rupees; or

(iii) one thousand rupees, in any other case, being a CQ.5C Hot involvli "h, il"1Il:l)' he ndjullged hy the ndjud icaling o ffice r.

(.') 1" ad:I;lio" to any penalty th,t may be imposed under sub-section ( I),;ldjIJdll',lllllg 01J leer may direct thal-

~DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004 7

(II) the registration certificate of the fishing vessel which has been used, orcu rsed or allowed10 be used, ill contravention of any provision of this Regulation ornf an y orde r o r rule mode thereunder QI uf any condition of the Iicence shall be-

(I) cancelled;or

(;;) suspended for such peri od as the ~t1j\ldicatinB officer deem s fit; or

(h) the fishing vessel which has been impounded and the fish which has been"eim ! ,,"der section 14 shall be forfeited 10 the Administration:

Provided thai no fish"' g vessel shall be forfeited under clause (b), if theadjodit alillg officer, after hearing the owner of the vessel or any person claiming;1" ·\ ' I i! ~h l therelo, is satisfied that uic owner or such person had exercised due care;1\1:1rautiun for till..' prevention o f the commission o f such o ffenc e.

rx, ( I) 'Ihe Admillistrator may, by notification in the Official Gazelle, constitute anl pl'd l il l~ l\ uJn..l.

VI II,,· AppellateBoard shall consist of three members one ofwhom shall bea persoll!1lI is or I"" been a District Judge and such person shall be appointed as the ChairpersonIheAppellale 1J0ard alldil,e olher members shall be persons having expertise in fisherieslaw :11\( \ :\11ch o ther qualifications 3 S may be prescr ibed .

(.I) '1he Ices and a!'o" ilJlee, payable 10 the Chairperson and other members of theIppellale Board shall be such as may be prescribed.

( Il Any person aggrieved by an order of thc adjudicating officer may, within thirtyJys Imm tuc date on which the order is communicated, prefer an appeal to the Appellaletu ltL

Provided that the Appellate Board may enterta in any appeal after the expiry of theli ,1 period ofth irty days, bur not afier rhe expiry ofsixty days from the dale aforesaid, iflis satistied that the appellant was prevented by sufficient eause from filing the appeal in.w~.

(.1) No appeal under this section shall be entertained by the Appellale Board unlessa' al'l'ellalll has, at the time of filing the appeal, deposited half of the smoenr of penallyIynblc und er the Ul UC( appealed ag ainst:

Provided that, on all application made by the appellant in this behalf, the Appellate.a,,1 may, if it is sarislied that the deposit 10be made under this sub-section will cause"Iu,' h,uushil' 10 the appellant, by order in writiug, dispense with such deposit eitherconditionally <If subject to such conditions as it may deem Iit to impose.

(0) 0 11 receipt of all appeal under sub-section (4), ule Arl"'lIa l~ Board may, aOcrIilio!, such Inquiry as it deems fit, and alter giving the parties concerned a reasonable("m ullity of being heard, conlinn, modify or set aside the order appealed against and Utecision oflhe Appellate Board shall be (mal.

(I ) Where the amount deposited by Ute appellant by way of penalty under sub­. ion (5) exceeds the amount directed 10 be paid by the Appellate Board, Ihe excess"'lIIt so deposited, or where the Appellate Board sets aside the order imposing penally,

whole amount so deposiLed Ly way of penalty, shall be refunded to the appellant.

1'1. The Appellale Iloard mal' call forand examine the records ofany order made underl ion 17and III:a;nsl the order where no appeal has been preferred under section 18. for the~'f; C' (Of ~HlI i~f)'il1 & ibd ras 10 lhe Icg"hty or propr iety of such orde r or as to the regul arity.I ~· P' lH""l! tIr l' and 1';1 "; ":' sur h order wj J J II C'~I'Ct" lhcrclo 3S it mar think {i t

l 'un "hIUlit.n (·rArrell3JcHfI :\r,d " n d

appcll i toAp pell :JleBoard.

H" , j ( jpn h )'

AppellateAo:ud .

1'1I' ·: i.!

_t'.111';1111 !

, -io such (l« .J CI shall be made wi thout (;i\'in~ a reasonable op portunity o r·' l ie :" .

8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004

:ldlmllr:\\ll\l:

(llI i' I' r :11I 11 lhe\ l'l'rll ;,!c

1l,1,lld

("llIlIan'lIlillll

h,\ ~"lnl';\llic'\

2U. (I) The adjudicatingofficer.nd IheAppellaterinardshall haveall the powers of acivil court under the Code of Civil Procedure, 1908. while trying a suit in respect of thelililowil\!! matters, namcly-->

(II) sunuuouing and enforcing Iht~ ntu-ndance of witnesses:

(6) requiring the discovery and production of any document;

(c) requisitioningany public record or copy Ihereoffrom any court or office.

(d) receiving evidence on affidavits; and

(e) issuingcommissions for theexamination of witnessesor documents;

(/) any other matter as mny lieprescribed.

(2) The adjudicating officer and the Appellate Board, while exercising any powerunder this Regulation,shall bedeemedto becivil courts for the purposesof sections 345 and3·1<> ot'thc Codeof CriminalProcedure, 1973.

(3) The Appellate Boardshall not be bound by the procedurelaiddown in the Code ofCIVil Procedure, 1908. bUI shall be guided by the principlesof naturaljustice and subject tothe other provtsrons 01 thIS Rcgulaucn and tne rules made by the Acmlnlstnncr, theAI'I'e1I'lle Board shall regulate its own procedure.

2J. (I) Where a person committing contravention of any of the provisions of (hisRegulal,onor any rule or ordermade(hereunderor any oflhe conditionsofa licencegranteduuder it i" ncompany, every person who, at the lime the conuavention was committed. wasill charge of. and was responsible to the company for the conduct or the business 01' the(.'\ '/111';111 y, as ,,~'\:11 as the C\)1l\P:lI1Y. shall be deemed to be guilty ofthe contravention and Soh:tllhe liable to be proceeded against and punished accordingly:

l'rov idcd th"t nothing contained ill Ihjs sub-section shall render any such personliablc to :.my punishment, if he proves that the contravention was committed without his

klll1l1'lcdge or that he had exercised all due diligence to prevent the commission of suchcontruv cution .

(J) Notwithstanding. anything contained "in sub-section (I), where a contraventionllnder this Regulation or any rule or order made thereunderor any of the conditions of alicence granted under it has been committed with the consent or connivance of. or is.uuibutahle III any neglect on the partof, anydirector, manager,secretaryor other officer ofthe C(' lllpany. suchdirector, manager, secretary or otherofficer shall bedeemed to be glli liy"flhal contraventionand shall be liable to be proceeded against and punishedaccordingly.

}~'lJ/(J1JtJljOJ1.~rOr the purposes of this section,-

Iu) "company" means any body corporate and includes8 finn or other association 01individuals: and

/ h) "director". in relation to a firm.means a partner in the finn,

CIIAI'IERIV

2(\fll)7-1

Sol' 1903

I II

MISCELLANEOUS

zz. (n Nuttuu]; voutaincd in (his Regulation sltall apply to survey vessels bclongin~

IU) the Celllral Government;

( h) i l Slate Government ;

(e) a pllblie undertaking.

r' . r I r~ \J1 1 <J 1 1 <1 ( lr.' /1 •._. "o r t re purpo~c s Q this sub-section, "public lJll~OI(lkjllg" mean s

.I n~,' 1.:PlIlp;my or corporalion owned or ( onlrollcd by the Central G0vern~'lent includinu aI JIIIUIl tcr r ilo,)' ;\dlllin;q, .1/ion or b)' a SI;llc Govcn uncnt. ....

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004.

(2) If the Administrator is of the opinion that, having regard to thepurposes of this Regulation, It would not be in the public interest to apply allor any of the provisions of this Regulation to any class or classes of fishingvessels used for fishing in any specified area or areas, he may, bynotification in the Official Gazette, exempt, subject to such conditions as hemay think fjt to impose upon such class or classes of fishing vessel used forfishing in such specified area or areas, as he may specify in the notification,from the operation of all or any of the provisions of this Regulation:

Provided that no notification under this sub-section shall remain inforce for more than six months at a time.

23. (1) No suit, prosecution or other legal proceeding shall lieagainst the Administrator or any officer or authority for anything which is ingood faith done or intended to be done in pursuance of this Regulation orany order or rule made thereunder.

(2) No suit or other legal proceeding shall lie against theAdministrator or any otticer or authority for any damage caused or likely to becaused by anything which is in good faith done or intended to be done inpursuance of this Regulation or any order or rule made thereunder.

24 (1) The Administrator may, by notification in the Official Gazette,make rules for carrying out the purposes of this Regulation.

(2) In particular and without prejudice to the generality of theforegoing power, ""eh rilles may provide for all or any of the followingmatters, namely:-

(a) to regulate, restrict or prohibit the matters under clauses (a),(d) and (e) of sub-section (1) of section 4 and the matters to beconsidered by the Administrator under clause (f) of sub-section (2)thereof,

(b) the form of the application for grant of licence under sub­section (1), the parl/culars whiCh it shall contain and the fees whichshall accompany it under sub-section (2) of section 6;

(c) the matters to be considered by the authorized officer in9",nting or refusing to grant a licence under clause (d) of sub-section(4) of section 6;

(d) the form of licence, the fees payable, the conditions therein,and the security for the due performance of the conditions of Ihelicence under sub-section (5) of section 6;

. (e) the procedure to be followed in varying or modifying alicence under sub-section (2) of section 8;

(f) the form of application for registration of a vessel as a fishingvessel and the fees which shall accompany such application undersub- seclion (2) of Section 9;

(g) the form of certificate of registration of a vessel as a fishingvessel, the form of the register referred to in sub-section (3) of sectiong and the ,manner In which Ihe registration mark of the fishing vesselshall be displayed under sub-section (5) of mar section;

. . (Il) the manner in which the information relating to movement ofa fishing vessel from the area of one port to another port shall be givenunder section 10;

, (i) the time and manner in which returns by the owner of aregistered fishing vessel shall be furniShed under SUb-section (1) ofsection 11;

UJ the manner in which appeal shall be preferred before theadjUdicating officer under SUb-section (1) of section 12;

(k) the place and the manner in Which an impounded fiShingvessel shall be kept under sub-section (1) of section 15 and the;;:anner In which the proceeds of the seized fish disPosed off shall be

POSited With the adjudicating officer under sub-section (2) of thatsection;

9

10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004.

Power toremovediffic~lties.

Repeal and::mving .

(I) the procedure of the inquiry by the adjudicating officer under sub­section (2) of section 16;

(m) the qualifications of the members of the Appellate Board otherthan the Chairperson under sub-sect ion (2) of section 18;

(n) the fees and allowances payable to the Chairperson and othermembers of the Appellate Board under sub-section (3) ()f section 18;

(0) the matter to be prescribed under clause (f) of sub-section (1)of section 20;

(p) the procedure of Appellate Board under sub-section (3) ofsection 20;

(q) any other matter in respect of which provision is to be, Drmay be.made by rules under this regulation .

(3) Every rule made under this regulation shall be laid, as soon as may beafter it is made, before each House of Parliament, while it is in session, for atotal period of thirty days which may be comprised in one session or in two ormore successive sessions, and if, before the expiry of the session immedi atelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the rule shouldnot be made, the rules shall thereafter have effect only in SUCh modified form orbe of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously doneunder that rule .

25. (1) If any difficulty arises in giving effect to the provisions of thisregulation, the Administrator may, by order published in the Official Gazelle,make such provisions not inconsistent with the provisions of this Regul"lion asmay appear to him to be necessary for removing the diffiCUlty:

Provided that no order shall be made under this section after the expiry ofthree years from the commencement of this RegUlation.

(2) Every order made under this section shall be laid, as soon as may beafter it is made, before each House of Parliament.

26. (1) The Andaman and Nicobar Islands Fisheries Regulation, 1938 ishereby repealed.

(2) The repeal of the said Regulation shall not affect-

(a) Thp. previous operations of the said RegUlation or anyth ing doneDr suffered thereunder; or

(b) any right, privilege, obligation Dr liability acquired, accrued, Drincurred under the said Regulation : Dr

(c) any penalty, lorfeiture or punishment imposed in respect of anyoffence committed againstlhe said Regulation ; or

(d) any investigation, legal proceedinge or remedy in respect ofany such right, privileqe, obligation, liability, penalty, forfeiture Drpunishment as aforesa id, and any such investigation, legal proceedingDr remedy may be insli tuted, continued Dr enforced and any suchpenalty, forfeiture or punishment may be imposed as If the saidregulation had not been repealed.

1 of 19,

A.P.J. ABDUL KALMPresident.

T.K. VISWANATHAN.Secy. to the Govt. of India.

MGPPB-1 OO/~AZETTE/2004-40Copies

AndamanAnd Nicobar Gazette

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EXTRAORDINARY~~~

Published by Authority

ANOAMAN AND NICOBAR ADMINISTRATIONSECRETARIAT

NOTIFICATION

Port Blair, dated the 14"' May, 2004

No. 99120041F. No. 5-1(276)12002·0ev I.-In exerctse of the powers conferred undersection 1 (3) of the Andaman and Nicobar IslandsMarine Fishing Regulation, 2003 (NO.1 of2003) the Lt. Govemor, Andaman and Nicobar Islands (Administrator) hereby appoint the 1"day of June, 2004 asthe date on which the Andaman and Nicobar Islands Marine FishingRegulation, 2003 (No. 1 012003) snail come Into force.

3d/·Prof. Ram Kapsalieutenant Govemor

Andaman and Nicobar Islands

By order and In the name of the Lt. Govemor

Sd/-(Theresa Sandanam)

Assistant Secretary (Fy.)

MGPPB-l 06lGazettel04-150 copies {Ga.z·106 (Jun 11S~)