THE MARITIME ZONES OF INDIA (REGULATION OF FISHING BY FOREIGN 
VESSELS) ACT, 1981 
_________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

CHAPTER II 

REGULATION OF FISHING BY FOREIGN VESSELS 

3.  Prohibition of fishing in maritime zones of India by foreign vessels. 
4.  Grant of licences. 
5.  Prohibition of fishing by Indian citizens, etc., using foreign vessels. 
6.  Cancellation or suspension of licence or permit. 
7.  Foreign vessel entering maritime zones of India without licence or permit to stow  gear. 
8.  Fishing for scientific research, investigation, etc. 

CHAPTER III 

POWERS OF SEARCH AND SEIZURE 

9.  Authorised officers and their powers 

CHAPTER IV 

OFFENCES AND PENALTIES 

10.  Penalty for contravention of section 3. 
11.  Penalty for contravention of licence. 
12.  Penalty for contravention of permit. 
13.  Confiscation of vessels, etc. 
14.  Penalty for contravention of section 7. 
15.  Penalty for obstruction of authorised officers. 
16.  Court to pass certain orders. 
17.  Offences by companies. 

CHAPTER V 

MISCELLANEOUS 

18.  Offences to be cognizable. 
19.  Cognizance and trial of offences. 
20.  Magistrate’s power to impose enhanced penalties. 
21.  Place of trial. 
22.  Presumptions. 
23.  Protection of action taken in good faith. 
24.  Act to supplement other laws. 
25.  Power to make rules. 
26.  Removal of difficulties. 

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THE MARITIME ZONES OF INDIA (REGULATION OF FISHING BY FOREIGN 
VESSELS) ACT, 1981 
ACT NO. 42 OF 1981 

An Act to provide for the regulation of fishing by foreign vessels in certain maritime zones of 

India and for matters connected therewith. 

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— 

[28th September, 1981.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Maritime  Zones  of  India 

(Regulation of Fishing by Foreign Vessels) Act, 1981. 

(2) It shall come into force on such date1 as the Central Government may, by notification in Official 

Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and any reference 
in any such provisions to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “exclusive  economic  zone  of  India”  means  the  exclusive  economic  zone  of  India  in 
accordance  with  the  provisions  of  section  7  of  the  Territorial  Waters,  Continental  Shelf,  Exclusive 
Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). 

(b) “fish” means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, 
molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holothurians, 
coelenterates, sea weed, coral (porifera) and any other aquatic life; 

(c)  “fishing”  means  catching,  taking,  killing,  attracting  or  pursuing  fish  by  any  method  and 

includes the processing, preserving, transferring, receiving and transporting of fish; 

(d) “foreign vessel” means any vessel other than an Indian vessel; 

(e) “Indian vessel” means— 

(I)  a  vessel  owned  by  Government  or  by  a  corporation  established  by  a  Central  Act  or  a 

Provincial or State Act, or 

(II) a vessel— 

(i) which is owned wholly by persons to each of whom any of the following descriptions 

applies:— 

(1) a citizen of India; 

(2) a company in which not less than sixty per cent, of the share capital is held by 

citizens of India; 

(3)  a  registered  co-operative  society  every  member  whereof  is  a  citizen  of  India  or 
where  any  other  co-operative  society  is  a  member  thereof,  every  individual  who  is  a 
member of such other co-operative society is a citizen of India; and 

(ii) which is registered under the Merchant Shipping Act, 1958 (44 of 1958), or under any 

other Central Act or any Provincial or State Act. 

Explanation.—For  the  purposes  of  this  clause,  “registered  co-operative  society”  means  a  society 
registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other 
law relating to co-operative societies for the time being in force in any State; 

1. 2nd November, 1981, vide notification No. S.O. 782(E), dated 31st October, 1981, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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(f) “licence” means a licence granted under section 4; 

(g) “maritime zones of India” means the territorial waters of India or the exclusive economic zone 

of India; 

(h)  “master”,  in  relation  to  a  vessel,  means  the  person  for  the  time  being  having  command  or 

charge of the vessel; 

(i) “owner”, in relation to a vessel, includes any association of persons, whether incorporated or 

not, by whom the vessel is owned or chartered; 

(j) “permit” means a permit granted or deemed to have been granted under section 5; 

(k) “prescribed” means prescribed by rules made under this Act; 

(l)  “processing”,  in  relation  to  fishing  includes  cleaning,  beheading,  filleting,  shelling,  peeling, 
icing,  freezing,  canning,  salting,  smoking,  cooking,  pickling,  drying  and  otherwise  preparing  or 
preserving fish by any other method; 

(m)  “specified  ports”  means  such  ports  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, specify for the purposes of this Act; 

(n)  “territorial  waters  of  India”  means  the  territorial  waters  of  India  in  accordance  with  the 
provisions  of  section  3  of  the  Territorial  Waters  Continental  Shelf,  Exclusive  Economic  Zone  and 
other Maritime Zones Act, 1976 (80 of 1976); 

(o) “vessel” includes any ship, boat, sailing vessel or other description of vessel. 

CHAPTER II 

REGULATION OF FISHING BY FOREIGN VESSELS 

3. Prohibition of fishing in maritime zones of India by foreign vessels.—Subject to the provisions 

of this Act, no foreign vessel shall, except under and in accordance with— 

(a) a licence granted under section 4; or 

(b) a permit granted under section 5, 

by the Central Government, be used for fishing within any maritime zone of India. 

4.  Grant of licences.—(1)  The  owner  of  a  foreign  vessel  or  any  other  person  [not  being  in  either 

case  any  person  to  whom  any  of  the  descriptions  specified  in  sub-items  (1)  to  (3)  of  item  (i)  of                      
sub-clause (II) of clause (e) of section 2 applies] who intends to use such vessel for fishing within any 
maritime zone of India, may make an application to the Central Government for the grant of a licence. 

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such 

fees as may be prescribed. 

(3) No licence shall be granted unless the Central Government, having regard to such matters as may 
be prescribed in the public interest in this behalf and after making such inquiry in respect of such other 
matters as may be relevant, is satisfied that the licence may be granted. 

(4) Every order granting or rejecting an application for the issue of a licence shall be in writing. 

(5) A licence granted under this section— 

(a) shall be in such form as may be prescribed; 

(b) shall be valid for such areas, for such period, for such method of fishing and for such purposes 

as may be specified therein; 

(c) may be renewed from time to time; and 

(d) shall be subject to such conditions and restrictions as may be prescribed and to such additional 

conditions and restrictions as may be specified therein. 

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(6)  A  person  holding  a licence  under this section  shall  ensure  that  every  person  employed  by  him 
complies, in the course of such employment, with the provisions of this Act, or any rule or order made 
thereunder and the conditions of such licence. 

5. Prohibition of fishing by Indian citizens, etc., using foreign vessels.—(1) Every Indian citizen 

and  every  person  to  whom  any  of  the  descriptions  specified  in  sub-item  (2)  or  (3)  of  item  (i)  of                     
sub-clause (II) of clause (e) of section 2 applies, who intends to use any foreign vessel for fishing within 
any maritime zone of India, may make an application to the Central Government for a permit to use such 
vessel for such purpose. 

(2) Every application under sub-section (1) shall be made in such form and shall be accompanied by 

such fees as may be prescribed. 

(3) No permit shall be granted unless the Central Government, having regard to such matters as may 
be prescribed in the public interest in this behalf and after making such inquiry in respect of such other 
matters as may be relevant, is satisfied that the permit may be granted. 

(4) Every order granting or rejecting an application for the grant of such permit shall be in writing. 

(5) A permit granted under this section— 

(a) shall be in such form as may be prescribed; 

(b) shall be valid for such areas, for such period, for such method of fishing and for such purposes 

as may be specified therein; 

(c) may be renewed from time to time; and 

(d) shall be subject to such conditions and restrictions as may be prescribed and to such additional 

conditions and restrictions as may be specified therein. 

(6)  A  person  holding  a  permit  under  this  section  shall  ensure  that  every  person  employed  by  him 
complies, in the course of such employment, with the provisions of this Act or any rule or order made 
thereunder and the conditions of such permit. 

(7) Notwithstanding anything contained in the foregoing provisions of this section, or in section 3, 
any permission granted to an Indian citizen to use or employ foreign fishing vessels in any maritime zone 
of India and in force immediately before the commencement of this Act shall, if the terms and conditions 
of such permission are not inconsistent with the provisions of this Act, be deemed to be a permit granted 
under  this  section  and  such  permission  shall  continue  to  be  in  force  after  such  commencement  on  the 
same  terms  and  conditions,  including  the  conditions  as  to  the  area  of  operation  and  the  period  of  its 
validity, and the provisions of this Act shall, so far as may be, apply to such permission. 

6. Cancellation or suspension of licence or permit.—(1) The Central Government may, if there is 
any reasonable cause to believe that the holder of any licence or permit has made any statement in, or in 
relation to, any application for the grant or renewal of such licence or permit which is incorrect or false in 
material  particulars  or  has  contravened  any  of  the  provisions  of  this  Act  or  any  rule  or  order  made 
thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, 
suspend such licence or permit, as the case may be, pending the completion of any inquiry against such 
holder for making such incorrect or false statement or for such contravention, as the case may be. 

(2) Where the  Central  Government is  satisfied,  after making  such  inquiry  as is necessary,  that the 

holder  of  any  licence  or  permit  has  made  such  incorrect  or  false  statement  as  is  referred  to  in                      
sub-section  (1)  or  has  contravened  the  provisions  of  this  Act,  rule  or  order  made  thereunder  or  of  the 
provisions  of  any  licence  or  permit  or  any  conditions  or  restrictions  specified  therein,  it  may,  without 
prejudice to any other penalty to which such holder may be liable under the provisions of this Act, cancel 
such licence or permit, as the case may be. 

(3)  Every  person  whose  licence  or  permit  has  been  suspended  under  sub-section  (1)  shall, 
immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence 
or permit is given and shall not resume such fishing until the order of suspension has been revoked. 

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(4) Every holder of a licence or permit which is suspended or cancelled shall, immediately after such 
suspension  or  cancellation,  surrender  such  licence  or  permit,  as  the  case  may  be,  to  the  Central 
Government. 

7.  Foreign  vessel  entering  maritime  zones  of  India  without  licence  or  permit  to  stow                  

gear.—Where  any  foreign  vessel  enters  any  maritime  zone  of  India  without  a  valid  licence  or  permit 
granted under this Act, the fishing gear, if any, of such vessel shall, at all times while it is in such zone, be 
kept stowed in the prescribed manner. 

8.  Fishing  for  scientific  research,  investigation,  etc.—Notwithstanding  anything  contained  in 
section 3, the Central Government may, in writing, permit a foreign vessel to be used for fishing within 
any maritime zone of India for the purpose of carrying out any scientific research or investigation or for 
any experimental fishing in accordance with such terms and conditions as may be prescribed. 

CHAPTER III 

POWERS OF SEARCH AND SEIZURE 

9. Authorised officers and their powers.—(1) Any officer of the Coast Guard constituted under the 
Coast Guard Act, 1978 (30 of 1978), or such other officer of Government as may be authorised by the 
Central Government may, for the purpose of ascertaining whether or not the requirements of this Act have 
been complied with, either with or without a warrant,— 

(a) stop or board a foreign vessel in any maritime zone of India and search such vessel for fish 

and for equipment used or capable of being used for fishing; 

(b) require the master of such vessel to produce— 

(i) any licence, permit, log book or other document relating to the vessel and examine or take 

copies of such licence, permit, log book or document; 

(ii) any catch, net, fishing gear or other equipment on board such vessel or belonging to the 

vessel and examine such fish, net, gear or equipment; 

(c) make such inquiries as may be necessary to ascertain whether any offence under this Act has 

been committed. 

(2) Where the officer referred to in sub-section (1) (hereinafter referred to as authorised officer) has 
reason  to  believe  that  any  foreign  vessel  has  been,  is  being,  or  is  about  to  be,  used  for  committing  an 
offence under this Act, he may, with or without a warrant,— 

(a) seize and detain such vessel, including any fishing gear, fish equipment, stores or cargo found 
on board such vessel or belonging to the vessel, and seize and detain any fishing gear abandoned by 
the vessel; 

(b)  require  the  master  of  the  vessel  so  seized  or  detained  to  bring  such  vessel  to  any  specified 

port; 

(c) arrest any person who, such officer has reason to believe, has committed such an offence. 

(3) In taking any action under sub-section (2), the authorised officer may use such force as may be 

reasonably necessary. 

(4)  Where  any  vessel  or  other  things  are  seized,  or  any  person  has  been  arrested,  under                        

sub-section (2),— 

(a) the vessel or other things so seized shall, as soon as possible, be produced before a Magistrate 
competent  to  try  an  offence  under  this  Act  who  shall  make  such  order  as  he  may  deem  fit  for  the 
retention or custody of such vessel or things with Government or with any other authority pending the 
completion of any proceedings for the prosecution of any offence under this Act or for its use by such 
authority during such retention or custody on such terms and conditions as the Magistrate may think 
fit to impose: 

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Provided that the Magistrate may, on an application made by the owner or master of such vessel 
in the prescribed form, order the release of the vessel or other things so seized on the owner or master 
furnishing security in the form of cash or a bank guarantee for an amount not less than fifty per cent. 
of the value of the vessel or things so seized: 

Provided  further  that  where  any  fish  so  seized  is  subject  to  deterioration,  the  Magistrate  may 

authorise the sale of such fish and the depositing of the proceeds of such sale in Court; 

(b) the arrested person shall, as soon as possible, be informed of the grounds for such arrest and 

he shall, without unnecessary delay, be produced before such Magistrate; and 

(c) the Central Government shall be informed of such seizure or arrest and the details thereof. 

(5)  Where,  in  pursuance  of  the  commission  of  any  offence  under  this  Act,  any  foreign  vessel  is 
pursued beyond the limits of the exclusive economic zone of India, the powers conferred on an authorised 
officer  by  this  section  may  be  exercised  beyond  such  limits  in  the  circumstances  and  to  the  extent 
recognised by international law and State practice. 

CHAPTER IV 

OFFENCES AND PENALTIES 

10. Penalty for contravention of section 3.—Where any foreign vessel is used in contravention of 

the provisions of section 3, the owner or master of such vessel shall,— 

(a)  in  a  case  where  such  contravention  takes  place  in  any  area  within  the  territorial  waters  of 
India,  be  punishable  with  imprisonment  for  a  term  not  exceeding  three  years  or  with  fine  not 
exceeding rupees fifteen lakhs or with both; and 

(b) in a case where such contravention takes place in any area within the exclusive economic zone 

of India, be punishable with fine not exceeding rupees ten lakhs. 

11. Penalty for contravention of licence.—Whoever contravenes the provisions of any licence shall 

be punishable with fine not exceeding rupees ten lakhs. 

12. Penalty for contravention of permit.—Whoever contravenes the provisions of any permit shall 

be punishable,— 

(a)  where  such  contravention  relates  to  the  area  of  operation  or  method  of  fishing  specified  in 

such permit, with fine not exceeding rupees five lakhs; and 

(b) in any other case, with fine not exceeding rupees fifty thousand. 

13. Confiscation of vessels, etc.—(1) Where any person is convicted of an offence under section 10 
or section 11 or section 12, the foreign vessel used in or in connection with the commission of the said 
offence, together with its fishing gear, equipment, stores and cargo and any fish on board such ship or the 
proceeds of the sale of any fish ordered to be sold under the second proviso to clause (a) of sub-section 
(4) of section 9 shall also be liable to confiscation. 

(2)  The  foreign  vessel  or  other  things  confiscated  under  sub-section  (1)  shall  vest  in  the  Central 

Government. 

14. Penalty for  contravention of section  7.—Where  any  foreign  vessel  is  found  in any  maritime 
zone of India in contravention of the provisions of section 7, the owner or master of such vessel shall be 
punishable with fine not exceeding rupees five lakhs. 

15. Penalty for obstruction of authorised officers.—If any person— 

(a)  intentionally  obstructs any  authorised  officer  in  the  exercise  of  any  powers conferred  under 

this Act; or 

(b) fails to afford reasonable facilities to the authorised officer or his assistants to board the vessel 
or to provide for adequate security to such officer and assistants at the time of entry into the vessel or 
when they are on board such vessel; or 

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(c) fails to stop the vessel or produce the licence, permit, log book or other document or any fish, 
net, fishing gear or other equipment on board such vessel, when required to do so by the authorised 
officer, 

he  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  one  year  or  with  fine  not 
exceeding rupees fifty thousand or with both. 

16. Court to pass certain orders.—Where any person is convicted of an offence under this Act, the 
Court may, in addition to awarding any punishment, order that any costs incurred in connection with the 
retention  or  custody  of  the  vessel  during  the  pendency  of  any  proceedings  for  the  prosecution  of  an 
offence  under  this  Act,  as  reduced  by  the  amount,  if  any,  realised  out  of  the  use  of  the  vessel  by  the 
authority  with  whom  such  vessel  was  retained  or  kept  in  custody,  shall  be  payable  by  the  person 
convicted. 

17.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained in  this  sub-section  shall  render any  such  person  liable to  any  such 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means a body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER V 

MISCELLANEOUS 

18.  Offences  to  be  cognizable.—Notwithstanding  anything  contained  in  the  Code  of  Criminal 

Procedure, 1973 (2 of 1973), every offence punishable under this Act shall be cognizable. 

19.  Cognizance  and  trial  of  offences.—(1)  No  Court  shall  take  cognizance  of  any  offence 
punishable under this Act except on a report in writing of the facts constituting such offence made by an 
authorised officer. 

(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class 

shall try any offence under this Act. 

20.  Magistrate’s  power  to  impose  enhanced  penalties.—Notwithstanding  anything  contained  in 
section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan 
Magistrate or any Judicial Magistrate of the first class specially empowered by the State Government in 
this behalf to pass any sentence authorised by this Act. 

21. Place of trial.—Any person committing an offence under this Act or any rules made thereunder 
may be tried for the offence in such place as the Central Government may, by general or special order, 
published in the Official Gazette, direct in this behalf. 

22. Presumptions.—(1) Where any offence is alleged to have been committed under the provisions 
of this Act, the place of commission of such offence shall be presumed on the basis of the certified copy 

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of the relevant entry in the log book or other official record of the vessel or aircraft which was used in 
connection with the detection of the offence. 

(2) Where any foreign vessel is found within any maritime zone of India and the fishing gear of such 
vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed, 
unless the contrary is proved, that the said vessel was used for fishing within that zone. 

23.  Protection  of  action  taken  in  good  faith.—(1)  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of the provisions of this Act. 

(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely 
to  be  caused  for  anything  which  is  in  good  faith  done  or  intended  to  be  done  in  pursuance  of  the 
provisions of this Act. 

24.  Act  to  supplement  other  laws.—The  provisions  of  this  Act  shall  be  in  addition  to  and  not  in 

derogation of the provisions of any other law for the time being in force. 

25. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form in which an application for a licence or permit may be made and the fees that shall 

accompany such application; 

(b) the matters which may be taken into account in the granting of licences and permits; 

(c) the form of licences and permits and the conditions and restrictions subject to which licences 

and permits may be granted; 

(d) the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7; 

(e) the terms and conditions under which a foreign vessel may be permitted to be used for fishing 
within  any  maritime  zone  of  India  for  the  purpose  of  carrying  out  any  scientific  research  or 
investigation or for any experimental fishing under section 8; 

(f) the form in which an application may be made for releasing the vessel or other things seized 

under the first proviso to clause (a) of sub-section (4) of section 9; 

(g) any other matter which is required to be, or may be, prescribed. 

(3) In making any rule under this section, the Central Government may provide that a contravention 

thereof shall be punishable with fine which may extend to fifty thousand rupees. 

(4) Every rule made under this section 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 successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

26. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, 
the  Central  Government  may,  by  order  published  in  the  Official  Gazette,  make  such  provisions  not 
inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  for  removing  the             
difficulty : 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  three  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament.   

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