## J

# I

### , Andaman And Nicobar Gazette

~

##### EXTRAORDINARY
#### ~ " 'RTftRf
##### Published by Authority

###### 1t~. 100, 'q)i~, lPPH, 14 'Jl(, 2004

°No.100, Port Blair, Frlda'l, Mal 14, 2004

###### ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT

 NOTIFICATION

Port Blair, dated the 14th May, 2004

No.93/2004.1F.No.5-1 _(276)/2002-Dev.l.- The Andarnan and Nicober Islands Marine Fishing_
Regulation, 2003 (No.1 of 2003)- Part" - Section I (No. 63 dated 18th December, 2003) is hereby
republished for the information of general public.

By order and In the name of the Lieutenant Governor,

Sd/-
(Theresa Sandanam)
Assistant Secretary (Fisheries)

. MINISTRY OF LAW AND JUSTiCe

###### (Leglslatlv. D.pattment),

_New DeIhl, the_ 1£1" _December, 2003lAwshayana_ 27, 1925 _(Saka)_

###### THE.ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, :!O03

 No.1 of 200)

Promulgated by the President in the Flfty-folrth Year of the 'Republic of· India.

###### A Regulation to provide for the regulation of sea fishing of fishing
vessels in the waters surrounding the Unicn Territory of the Andarnan and
Nlcobar Islands and for matters connected Ulerewith.

In exercise of the powers conferred by article 240 of the Constitution,

the President· Is pleased              - o promulgate the following Regulation made by
him:-

###### CHAPTER I
 PRELlMINAllY

1. (1) This regulation may be called ~he Andaman and Nicobar Islands Short title,
Marine Fishing Regulation. 2003. extent and

commence-

(2) It extends. to the whole of the Union Territory of the Andaman ment.
~nd Nlcobar Islands.

(3) It shall come Into force on such dats as the
Administrator may, by notificatIon In the OffiCial Ga.zette, appoint;
and different dates may be appoinfed for different provisions of


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,. ... ,

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

this Regulation and any reference in any such provlsl~n to tho commencement ofthis' , .

Regulation shall be consnued as a reference to the coming into force of that provision.

Definitions. 2. In this Regulation, unless the (·ontext 9tberwise requlrea,-

p) II adjudicating officer" meanS anY officer of tbe Fisheries Department not
below the rank of an Assistant Dlroctor'.~fFishtrie. authorised under-section 3 to
exercise the powers conferred on, and to disebuge the duties Imposed upon, such an
officer by this Regulation fQr such areu as may be speclfled by notlflcatlon in the
Official Gazette. '~,' . ,,,' ,

-, -::;' ~ '_

_(b) "Adminlstratlon",;melUls_ the Administration Mthe UnIon territory of the
Andaman and Nicobar Islands; "

I

_(c) "Administrator"_ means the Administrator of the Union territory of the
Andaman and Nicobar Islands appointed by the President under article 239 of the
Constitution; ", . '

(d) " Appellate Board" mean, the Appellate Board constituted under section 18;

_(e)_ _•• authorised_ officer" r'leans an officer not below the rank of an Assistant
Director of Fisheries. authorised by the Administrator by notification in the Official
Gazette, to exercise the powers conferred on, and discharge the duties imposed upon
such officer by this Regulation; ,

(j) U flsh" means any vertebrate and invert~brate animal in the sea, and Includes

, fish, crustacean, shellfish,lC:. 'oucumber (heche-de-mer), sea graascs and coraIa (dead
or liv~g), excluding tho animal. covered under tho WUd Life (Protection) Act. 1972; 53 of 1972,

_(g) •• Fisheries Department "_ means ~ Fisheries Department of the AdmiDistra-

tion;

_(h) "fishery_ office," m~ans an officer of the rank of Assistant Fisheries Guard
but not above the rank of Auisttnt FishcriCi Development Officer io tho Depanmcnt
of Fisheries or any other officer of tho Adminlsl!lti~)Q or tho Central Oovcnuncnt, as
may be appointed by the Administrator by noiificitlon in the Offici.1 OazeltCj

_(I) • I fi,lling "' mean,_ exploitation, CIltchmg or coliecdun of vertebrate and inverte-
brate animals in the lea excluding animals covered under the Wild Ufe (ProtQCtion)
Act, 1972, and includes fish, crustacean, Shellfish, sea cucumber (beebe-de-mer), sea S) III' 1912-

grasses and corals (dead or living) by applying or operating any fimi", gears or
culture of fish and its harvest In tho waten .surrounding tIi;;, Unitm territory of the
Andaman and Nlcober Islands;

(J) "fishing gears" in rcla.Uon'lo fish.ing, includes Implements, nets, hooks and
###### lines" cages" traps harpoon. but does not Include the cxplolivcs, polsons and
chemicals or any other device ofmw destruction:

lk)                           - 'lishin~ vessels" melUl. a ship or boat, whether or not filled with mecha-
nised means of propulsion, whll}h is cnaaged in lea fil~lnl for profit .and .ipcl~des a
catamaran, country craft, canoe and dinghy engaged in lea fishing;

_(I)_ "port" means tho space within such limits as may, from time to time, be
defined by the Administrator, by notificat1on in the Officl.1 Gazette, for the purposes of
this Regulation;

_(m) • 'prescribed"_ means prescribed by rule. made under this Regulalion;

_(II)_ _••_ r cgi~tcrcd fishing ve,sellfmcnn, -,.

###### (I) a fishing vessel registered under sectlon 11 of the Marine Pl'Qducls

S)ofl9n.

Export Development Authority Act, 1972;

_(Ii)_ _• velsel tealstlred_ u • fishln. v •••• l under                                    - elton 91


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THEANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. 3

_(0)_ "specified area" means such area or amas in the waters surrounding the

Union territory of the Andaman and Nicobar Islands, but not beyond tb, lerritoQal
###### .~ as may be specified by lhe Administrator, by notificatiOn in the Official Gazette.

 J. The Administrator may, by notiflcation in the OOidal Gazette, authorise any officer Alllhori~nlllln

of the Administration or of Central Government to exercise the powers conferred on, and to of officers

discharge the duties imposed upon, an authorised officer under this Regulation in such area

OJ' areas as may be specified in the notification.
```
                    CHAPTERn

```
R£GI.1LATION 01' FISIlING

<t. (1) The Administrator, may, having regard to the provisions of sub-section (2), by Power to

regulate,

order notified in the Official Gazette, regulate, restrict or prohibit-

restrict or

_(a) the fishing in any specified area by such_ class or classes of fishing vessels as prohibit

certain

may be prescribed; or

matters withiu

_(b) the number of fishing vessels_ which may be used for fishing in any specified spcciflcd Ile:l.
area; or

_(c) the catching_ in any specified area.of'sucl species offlsh and for such period
as may be specified inthe notification; or

(d) the use of such fishing gear in any specified area 8S may be prescribed; or

_(e) jishing_ in any specified area during such period of day or night as may be
prescribed. .

(2) In making an order under sub- section (I), the _J \dministrator shall have due regard_
to the following matters. namely:-

_(a) tho_ need to.protect the interest of different sections of persons engaged in
fishing, particularly those engaged in fishing by aslng traditional fishing crafts such
as catamaran, country craft, canoe or dinghy; ,

_(b)_ the need to conserve fish and to regulate fishing on 8 scientific basis;

_(c) the need to maintain_ law and order in the sea;

_(d) the need_ to lease-any specified area surrounding the islands to conserve the
fish or shellfish or to culture the fish or shellfish;

_(e) the need to lease out right to fish in the ierritorla! waters for fish culture and_
harvest; and .

(/) any other matter ~ may be prescribed.

~. No owner or master ofp fishing vessel shall usc, or cause to allow such vessel to be Prohihitinn ('"

usc of lishillf.

used, for fishing in any manner whlch contravenes an order made under section 4:

vessels in con-
Iravention of

Provided that nothing in such order shall be construed as preventing the passage of

any order

any fish ing vessel from, or to. the shore, through any area whether specified area or other- mode under sec-
wise: lion 4.

l'ruvlded Iurthcr that the passing of such flshh' g vessel through any specified area
shall not. in any manner, eause any damage to any fishing nets or tackles belonging to any
person who engages in fishing in the specified area tty IIsing any traditional fishing croft

.~\I~h BS catamurnn, country craft, canoe or dinghy In n :cordancc with the provisions of III is

Regllial iOJ!.

J ;ice"~ing of

6. (I) 'Ole owner ofa fishing vessel may make all application to the authorised officer

fishin(!. \·c~~tll.

I'lli' Ihe urant of a licence for using such fishing vessel for fishing in any specified area.


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4 THE ANDAMAN AND NICOBAR EXT~ORDINARY GAZETTE. MAY 14,2004,

, ,

(2) Every npplicntion under sub-section (/) ahnl! be ill such form, contaill such
particulars. and be nccom~anitd by such fl.es, as may be prescribed.

(3) The authorised officer may, after making such inquiry as 'he may deem fit and
having regard to the matters referred to in rub-section (4), either grant or refuse to grant, to
the owner of the fishing vessel a licence for us log such fishing vessel for fishing In the
specified area or specified areas as may be mentioned in such licence.

(4) In granting or refusing 10 grant a licence .under 'sub-section (3), the authorised
officer shall have regard to the f?lIowing IT atters, namely:-

_(a) whether_ the fishing vessel is registered or not;

(/» the condition of the Iish.ng vessel including ihe accessories and fi5hillg
bear with which it is fiued;

_(c) whether_ any order has bern made under section 4; and

(d) any uthcr matter as may bll prescribed,

(5) A lincence granted under this section shall be in such form and valid for such
period and subject 10 such conditions, inc luding 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 lind different amounts by way of security may be
prescribed if! respect of licences for different classes of fishing ves~els.

(6) A licence granted WIder this socnon may be renewed _by the_ authorised ofOcor
subject to the rules made under sub-section (5).

I'fllhilJilhlll of 7. No person shall, after the commencement oflll!s Regulation, carry on fishing in any
tislting hl'lISill!: specified area using a fishing vessel, which is not llccnced under section 6:·
lishinf~ vC$sds

Provided that nothing In this section shall apply 10 a fishing vessel, which was being
used for fishing ill such area Immediatel), before the commencement ofthla Regulation, for
such period as may be specified by the A.lministratol', by notification in tho Official Gazette.

l'alll:dl;lIiulI. 8. (1) If the Authorised Offlcer is satisfied, either on a reference made to him in this

~ltsJlcn~i,,1t IIIHI .bchnlf or otherwise, Ihat-

:II"l,,,.rnICIiI 111"

li'TIIC':S. _(a) a licence_ granted under section 6 has been obtained by misrepresentation as

10 un essential Iact; or

_(b) the holder_ ofa licence hilS, without reasonable cause, failed to comply with
the conditions subject to which tho licence has been granted or has contravened any
of the provisions of this Regulation or any order or rule made thereunder.

then, without prejudice to any other pennlty to which the holder of the licence may be liable
under this Regulation, the authorlsed officer may, after giving the holder oflhe licence a
reasonable opportunity of showing cause and being beard, cancel or suspend the licence or
forfeit Ute whole or any part of 8ecuri~'1 if any, furnished for lh9 due performance of the
conditions subject to which lhe licence h~ been granted.

(2) Subject to any rules that may be made in this behalf, the authorised officer may, for
reasons to be recorded in writing, also vary or amend a licence granted under section 6.

Hc~iSlr:llh'll of 9. _(I) No owner_ of a vessel other (han, a fishing vessel registered under section 11 of -"

fishing \"\;~.cl" the Marine Products Export Development Authority Act, 1972, shall use or cause to be used 13 ufl97Z
for the purposes ,of fishing in the speclf-ed area, unless such vessel Is registered as a fishing
vessel under this Regulation.

(2) Every application for registration of a vessel as a fishing vessel shall be made by
the owner thereof to the authorised officer in such form and in such. manner and shall be
accompanied by such fees, as may be prescribed,-


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

_(0) before the expiry of one month from the date on which he became_ the owner
of such vessels; or

_(h) before the expiry of three months from the commencement_ of this Rcgu lation,

whichever is later:

, Provided that the authorised officer may, for reasons to be recorded in writing, extend
thc lime limit for registration by such period or periods not exceeding six months at a time, as
he may think fit. .

_(J)_ The nuthorised officer shall assign 8 registration number to the vessel and issue to
the owner of the vessel registered by him a certificate o;'registration in the prescribed from
and shall entpr the particulars of the certificate in the register to be kept by him in such form

DS may be prescribed: .

I'lIIvid~d that the authorised officer rna)" for reasons to be recorded in writing, refuse
to register the vessel.

(4) The registration once made shall continue to hi: in force until it is cancelled by the
authorised officer.

_(S)_ Evcry vessel registered under this section shall carry the registration mark assigned
to it by the authorised officer and such mark shall l-e displayed on the vessel in the
prescribed manner:

_«(j)_ No vessel, other than a registered fishing vessel, shall be entitled to apply for a
licence under section 6.

I n. Where 3 registered fishing vessel moves from the IIrCR (If one port to the nrca of 'of\.rl1l:l1 inn III
ilIlIJ:hcl' pori, for fjshjn~ in that area, the owner of such fi! hing vessel shall give information be given 10 'he

au(horbed of·

to thai effect, in the prescribed manner, to the authorlsed officer by whom such fishing

ficer I\holll

vessel was registered and also to the port officer havingjurisdiction over the area 10 wliich movcmcut o(
such fi!;hill~ vessel moves. li~hiliA vessels,

II. _(I)_ J':VCI y owner ufn registered fishing vessel sh 111 furnish to the authorised officer Itclllrm to he

Iuru lshcd h)

;11 slII:h interval and ill such inanncr such return as may be prescribed.

owner of regis'

(2) The authorised offlcer may enter upon and inspect any registered fishing vc~scl at iercd fishing

vessels,

any time to verify the correctness of any return furnished by the owner under sub-
section (1).

12. (1) Any person aggrieved by an order made under section 6 or section 8 or Appeal sgnlnst

orders made

section 9m3)" within thirty days from the date on which the order is communicated to him,

under section

prefer all appeal before the adjudicating officer in the prescribed manner: 6, section 8 or

section 9.

l'rovided thai the adjudicating officer may entertain the appeal after the expiry or IJlC
said period ot'thlrty days, but not beyond sixty days, lf'he is sutisflcd that the appellant was

1'1 l'\'l·flll'I.I by sufficient cause from filing. the appeal in tlms.

(2) On receipt of an appeal Under sub-section (I), the adjudicating officer shall, after
giving the parties a reasonable opportunity of being heard, pass sucb orders thereon as he
deems lit as expeditiously as possible, and in any case before the expiry of three months from

fill' dall' or til ill)'. Ilf nppcnl.

IJ. I-very fishery olliccr shall assist the authorised officer in the discharge of his rowcr~ nnd

duties of

d\ltit'~ and umy ..

fishery
offlccrs.

(<II interpose for the purpose of'preventlng, and shall [0 the best of his ability
I're\'I'111. till' cnmrnisslon of an offence punlsheble under this Regulation;

(hI enter into any \'c!\~el or premises, for inspecting fishing implements or fish

Ih~Il'fll .uu] cheek the r(l~~c~!lion of the fishing lleen-:c and registration of the vessel;


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

_(c) conductfield verficatlon of the fishing Implements_ and crafts available with
the pnrtios who have applied for fithLlg licence: and

_(d) on knowirtg the design of on y person to commit an offence punishable under_
this Regulation, bring the same to the notice of the authorised officer.

I','".:r III enter 14. If the authorised officer has. eithl:r on receipt of a report of the fishery officer or

all" scurch lish- otherwise. reason to believe that any fishin ~ vessel Is being or has been used in contraven-

IIIIo! \ l"~l'h,

tion of any provision of his Regulation or of any order or rule made thereunder or of any of
Ihc couclil ions of the licence. he may enter and search such vessel and impound the vessel

and seize the fish found in it. '

( 1i.,,,,,1\ nl"lsh, 15. _(J)_ The authorised officer shall k eep the fishing vessel impounded under section

IIq~ \'l'.'I~1' I:. all,1

I _ii,_ in such place and in such manner as may be prescribed,

dtspp"ul of

\\,1/,'<1 li'.h (}) In the absence of suitable facilitieu for the storage of'the fish seized, the authorised

officer may, i file 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
"dilldicalill~ officer.

CHl..PTER III

AOJIIOICA noN

l\d.illdi~;"I\\iI, 16. (1) Where any authorised officer hu reason to believe that any fishing vessel is
being, or has been, used in contravention (If any of the provisions of this Regulation, or of
###### any rule or order made thereunder or of~n~( of the conditions of the licence, he shall make a
report thereof to the adjudicating officer.

(2) The adjudicating officer shall, hold an inquiry into the matter mentioned ill the

, report in the prescribed manner after @ivlng all the partles concerned a reasonable
opportunity of being heard.

l'cuatty. 17. (1) The adjudicating officer shall, after the inquiry under sub-section (2) of section
###### l6, decide whether any persons has used, or caused or allowed to 'be used, any fishing
vessel ill contravention of any of the provisions of this Regulation or of any rule or order
Illude thereunder or uny of the condition! of the licence, and any such person, on being
found guilty by the adjudicating officer, st 1111 be liable to such penalty not cxceeding.-

_(a) in case the vesselInvolved_ is fifty feet or above in length,-

(I) five thousand rupees, if the value of'the fish involved is one thousand
rupees or less; .

(iI) five times the value cffhe fish. if the value of the fish involved is more
than one thousand rupees; or

_(iiI)_ five thousand. rupees, in any other case, being a case not involving
fish, as may be adjudged by the Ilclj~dicating officer;

_(b) in case the vessel_ Involved I~ below fifty feel In lcngth.-

_(I) one thousand rupees._ if the value of the fish Involved is not more than
one hundred rupees; or

_(il)_ five times the value c.fthe fish. if the value of the fish involved is more
than one hundred rupees but not more than one thousand rupees; or

_(iii) one thousand_ rupee s, In any other case. being a case not involving
fish, as may be adjudged by tho adjudicating officer.

t.:') In addition to any penally that may be Imposed under sub-section (I). the

iI~iudicalillg officer may direct,~hat-


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THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 7

_(a)_ the registration certificate of the fishing vessel which has been used, or
caused or allowed 10 be used, in contravention of any provision of this Regulation or
of any order or rule made thereunder or of any condition of the licence shall be·-

(I) cancelled; or

(;,) suspended for such period as the adjudicating officer deems fit; or

_(n)_ the fishing vessel which has been impounded and the fish. which has been

, ~a:i7t'd under section 14 shall be forfeited to the Administration:

Provided that no fishing vessel shall be forfelied under clause (b), if the
adjudicating officer, after hearing the owner of the vessel or any person claim ing
any right thereto, is satisfied that the owner or such person had exercised due care
and caution ~or the prevention of the comnlission of sue h offence.

Ut.( _I)_ The Administrator may, by notification in the Official Gazelle, constitute an Cunstirutton of

Appellate

"ppl.'! lal~·l3onrd.

Buard and

(2) '1'11(, Appellate Board shall consist ofthree members one of whom shall be a person IIp[,cni to
who is or has been a District Judge and such person shall be appointed as the Chairperson .. ~PpCJlutc
oflhe Appellate Board and the other members shall be persons having expertise in fisheries oato.

or law and such other qualifications as may be prescribed.

(3) The fees and allowances payable to the Chairperso 1 and other members of the
Appellate Board shall be such 8S may be prescribed.

(4) Any person aggrieved by an order of the adjudicating officer may, within thirty
days from the date on which the order is communicated, prefer an appeal to the Appellate
Ilo:lnl:

Provided that the Appellate Board may entertain nny appeal after the expiry of the
said period of thirty days. but not after the expiry of sixty days from the date aforesaid, if
il is satisfied tlmt the appellant was prevented by sufficient cause from filing the appeal in
lime.

(5) No appeal under this section shall be entertained by the Appellate Board unless
the appellant has, at the time of filing the appeal, deposited he If of the amount of penalty·
payable under the order appealed against:

Provided that, on an application made by the appellant in this behalf, the Appellate
Board may, jf it is satisfied that the deposit to be made under this sub-section will cause
undue hardship to the appellant, by order in writing, dispense willI such deposit either
unconditionally or subject to such conditions as it may deem fl. to impose. .

(6) On receipt of an appeal under sub-section (4), the Appellate Board may, after
holding such inquiry as it deems fit, and after giving the parnes concerned a reasonable
opportunity ofbeing heard, con finn, modify or set aside Ute on: er appealed against and the
decision of the Appellate Board shall be final. .

(7) Where the amount deposited by the appellant by way of penalty under sub-
section (5) exceeds the amount directed to be paid by the Appellate Board, the excess
amount so deposited, or where the Appellate Board sets aside the order imposing penally,
the whole amount so deposited by way of penalty, shall be refunded to the appellant.
, .

J 9. '1110 Appellate Board may call for and examine the rcco 'ds of'any order made under Revision n.1'

Appellate

section 17 and against the order where no appeal has been preferred under section 18, for the

Board.

pUrp\lSC of satisfylug Itself as to the legality or propriety of such order or II!! to the regularity
M the procedure and p:\!JS such order with respect thereto as it r lay think fit:

i'ruvided that no such order shall be made without giving II reasonable opportunity of'

bcmg heard to the parties .

                         - •..


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## -

8 THE ANDAMAN AND WCOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004.

I'lI\H'rs Ill" Ih,' _20._ _(I)_ The adjudicating c fticer and the Appellate Board shall have all the powers of a

adllHiicallll1!

civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the ,'II

                                     - (lin', ,11111 ihc

tollowing matters, namely:-

11 •• ,11 II

_(a)_ summouing 811 j enforcing the attendance of witnesses;

_(h)_ requiring the discovery and production of any document;

_(c)_ requisitioning any public record or copy thereof from any court or office,

_(d) receiving cvid_ encc on affidavits; and

_(e) issuing_ comm.ssions for the examination of witnesses or documents;

(j) lilly other matt ~r as may be prescribed.

(2) The adjudicating officer and the Appellate Board, white exercising any power
under this Regulation, shall be deemed to be civil courts for the purposes of sections 345 and
J.1() ofthe Cude ofCriminnl P ncedurc, 1973.

(3) The Appellate Boai 4 shall not be bound by the procedure laid down in the Code of
Civil Procedure, 1908. but 91,811 be guided by theprinciples of natural justice and subject to 5,
the other provisions of thh Regulation and the rules made by the Administrator, the
Appellate Iloard shall regulate its own procedure,

COllllaV~IIIIOI1 21. (I) Where a person committing contravention of any of the provisions of this

hI ((llIlfliinics. Regulation or any rule or order made thereunder or any of the conditions ofa licence granted
under it is II company, eye!') person who, at the time the contravention was committed, was

ill charge or. IIl1d was resp .msible to UIC company for the, conduct of the business or the

(,'OJllpany, ns well as the company, shall be deemed to be guilty of'the contravention and slndl
he liable to be proceeded against and punished accordingly:

Prov ideo that nothh.g contained ill Ihis sub-section shall render any such person

liable to any punishment.ii]' he proves that the contravention was commiucd without his
knowledge or that he had exercised all due diligence to prevent the commission of such
contravention.

(2) Notwithstunding anything contained ,in sub-section (1), where n contravention

under this Regulation or imy rule or order made thereunder or any of the conditions of a
licence granted under it has been committed with the consent or connivance of, or is

attributable to any neglect on the part of, any director, maneger, secretary or other officer of
the coanpnny, such director, manager, secretary or other officer shall be deemed to be Sllilt~
of that contravention and shall be liable to be proceeded against and punished accordingly.

###### bp/Wl(Jfion.-ror Ihe purposes of this section,-

_(tI)_ _•• company"_ means any body corporate ami includes a firm or other association 01

individuals; and

_(b)_ "director", in relation to a firm, means Ii partner in the fum.

CUAPTERIV '

MISCELLANEOUS

22. (/) Nothing c.nunlncd in this Regulation shall apply to survey vessels belonging

, to

_(a) the_ Celli rut GOYCOUllcnt;

_(b) a State_ (Jovcrnment;

_(c) it public_ undertaking.

_E\planalioll.-_ For the purposes of this sub-section, "public undertaking" means
any company or corpc ration owned or controlled by the Central Government including a
Uuiou territory Administrntion or by a Stale Govcmment.


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THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 9

(2) If the Administrator is of the opinion that, having regard to the
purposes of this Regulation, It would 110t be In the public interest to apply all
or any of the provisions of this Reguilltion to any class or classes of fishing
vessels used for fishing In any specified area or areas, he may, by
notification in the Official Gazette, axornpt, subject to such conditions as he
may think fit to impose upon such cia 3S or classes of fishing vessel used for
fishing 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 in
force for more than six months al a time.

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

(2) No suit or other legal proceeding shall lie against the
Administrator 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 Regulation or any order or rule made thereunder.

24 (1) The Administrator mEIY, by notification in the Official Gazette,

make rules for carrying out the purpores of this Regulation.

(2) In particular and without prejudice to the generality of the

. foregoing power, such rules may provide for all or any of the following

I matters, namely:-
I

(a) to regulate, restrict 01· prohibit the matters under clauses (8),
(d) and (e) of sub-section (1) of section 4 and the matters to be
considered by the Administra or under clause _(f) of sub-section (2)_
thereof,

_(b) the form of the_ application for grant of licence under sub-
section (1), the particulars which it shall contain and the fees which
shall accompany it under SUb-section (2) of section 6;

_(c) the matters to be considered by the authorized officer in_
granting 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 the
licence under sub-section (5) c,f section 6;

_(e) the procedure to_ btl followed in varying or modifying a
licence under sub-section (2) c f section 8;

_(f) the form of appllcatior I_ for registration of a vessel as a fishing
vessel and the fees which shall accompany such application under
sub- section (2) of Section 9;

_(g) the form of certificate of registration of a_ vessel as a fishing
vessel, the form of the register referred to in sub-section (3) of section
9 and the manner in which thE· registration mark of the fishing vessel
shall be displayed under sub-section (5) of that section;

_(h) the manner_ in which the information relating to movement of
a fishing vessel from the area (of one port to another port shall be given
under section 10;

_(i) the time and manner_ in which returns by the owner of a
registered fishing vessel shall be furnished under sub-section (1) of
section 11;

_U)_ the manner In whlch appeal shall be preferred before the
adjudicating officer under sub· section (1) of section 12;

_(k) the place and the manner in_ which an impounded fishing
vessel shall be kept under sub-section (1) of section 15 .and the
manner in which the proceeds of the seized fish disposed off shall be
deposited with the adjudicatir·g officer under sub-section (2) of that
section;


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10 THE ANDAMAN AND NICOBAR EXTRAORDIN)\RY GAZETTE, MAY 14,2004.

(/) the procedure of the inquiry by the adjudicating officer under sub-
section (2) of section 16;

_(m) the qualifications_ of th'j members of the Appellate Board other
than the Chairperson under sub-sectlon (2) of section 18;

_(n) the feas and allowance_ s payable to the Chairperson and other
members of the Appellate Board under sub-section (3) of section 18;

(0) the matter to be prescrlbed under clause _(f)_ of SUb-section (1)
of section 20;

_(p) the procedure_ of Appellate Board under sub-section (3) of
section 20;

_(q) any other_ matter in respect of which provision is to be, or may be,
made by rules under this regulat on.

(3) Every rule made under this regulation shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised In one session or In two or
more successive sessions, and if, before the .expiry of the session immediately.
following the session or the successlve sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule should
not be made, the rules shall thereafte r 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.

25. (1) if any difficulty arises in giving effect to the provisions of this

Power to

regulation, the Administrator may, t y order published in the Official Gazette,

remove

make such provisions not inconslste tt with the provisions of this Regulation as

difficulties.

may appear to him to be necessary for removing the difficulty:

Provided that no order shall bu made under this section after the expiry of
three years from the commencement of this Regulation.

(2) Every order made under t~ 15 section shall be laid, as soon as may be
after it is made, before each House cf Parliament.

Repeal and

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

saving.

hereby repealed.

1 of 1938.

(2) The repeal of the said Reg'Jlatlon shall not affeot-

_(a)_ The previous operations of the sald Regulation or anything done
or _suffered_ thereunder; or

_(b)_ any right, privilege, obligation or "ability acquired, accrued. or
incurred under the said Regulation; or

_(c)_ any penalty, forfeiture or punishment imposed In respect of any
offence committed against the said Regulation; or

_(d)_ any Investigation, IElgal proceedings or remedy' In respect of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid, and any such investigation, legal.proceeding
or remedy may be Instituted, continued or enforced and any such
penalty, forfeiture or punishment may be Imposed as If the said
regulation had not been repealed.

A.P.J. ABDUL KAlAM,

President.

T.K. **VISWANATHAN,**
Secy. to the Govt. of India.                                                      -

MGPPB-100/GAZETTE/2004-40 Copies


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