GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT  NO.  LIV  OF  1981

MAHARASHTRA MARINE
FISHING REGULATION ACT, 1981

(  As  modified  up  to  the  23rd  November  2012)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY
STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI–400 004.

2012

[ Price : Rs. 7.00 ]

MAHARASHTRA    MARINE    FISHING    REGULATION   ACT,    1981

(i)

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I.
PRELIMINARY.

Short  title,  extent  and  Commencement.

1.
2. Definitions.
3. Constitution  of  Advisory  Committees.

CHAPTER  II.
REGULATION OF FISHING.

4.

5.

Power  to  regulate,  restrict  or  prohibit  certain  fishing  activities  within  specified
area.
Prohibition  of  use  of  fishing  vessels  in  contravention  of  any  order  made  un-
der  section  4.

Prohibition  of  using  fishing  vessels  which  are  not  licensed.

6. Licensing  of  fishing  vessels.
7.
8. Cancellation,  suspension  and  amendment  of  licences.
9. Registration  of  vessels.
10.

Information  to  be  given  to  Registration  Officer  about  movement  of  fishing
vessel  and  his  permission  to  be  obtained.

11. Returns  to  be  made  by  owners  of  registered  fishing  vessels.
12.
13. Appeals  against  orders  refusing  grant  of  licence  or  registration,  etc.

Finality  of  orders  under  sections  6,  8  and  9.

CHAPTER  III.
PENALTIES.

Power  to  enter  and  search  fishing  vessel.

14.
15. Disposal  of  seized  fish.
16. Adjudication.
17.
18. Constitution  of  Appellate  Board  and  appeals  to  Appellate  Board.
19. Revision  by  Appellate  Board.
20.

Imposition  of  penalty.

Power  of  Adjudicating  Officer  and  the  Appellate  Board  in  relation  to  holding
inquiry  under  this  Act.

21. General  provision  for  punishment  of  offences.
22. Offences  by  companies.

CHAPTER  IV.
MISCELLANEOUS.

23. Exemptions.
24.
25.
26.

Protection  of  action  taken  in  good  faith.
Power  to  make  rules.
Saving.

H  157-1

MAHARASHTRA ACT  No.  LIV  of  19811
[MAHARASHTRA  MARINE  FISHING  REGULATION ACT,  1981]

[This  Act  received  assent  of  the  Governor  on  19th  September,  1981;  assent  was  first  published
in  the Maharashtra  Government  Gazette,  Part  IV,  Extraordinary,  on  23rd  September  1981.]
An  Act  to  provide  for  the  regulation  of  fishing  by  fishing  vessels  in  the  sea  along
the  coast  line  of  the  State  of  Maharashtra.

WHEREAS  it  is  expedient  to  provide  for  the  regulation  of  fishing  by  fishing  vessels
in  the  sea  along  the  coast  line  of  the  State  of  Maharashtra  and  for  matters  connected
therewith  or  incidental  thereto  ;  It  is  hereby  enacted  in  the  Thirty-second  Year  of  the
Republic  of  India  as  follows  :—

CHAPTER  I.
PRELIMINARY.

(1) This  Act  may  be  called  the  Maharashtra  Marine  Fishing  Regulation  Act,

1.
1981.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra  (including  the  territorial

waters).

Short  title,
extent  and
commence-
ment.

(3) It  shall  come  into  force  on  such  date  as  the  State  Government  may,  by

*notification  in  the Official  Gazette,  appoint.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

Definitions.

(a)  “ Adjudicating  Officer  ”  means  the  Tahsildar  having    jurisdiction,  and  includes
any  other  officer  of  the  Revenue  Department,  not  below  the  rank  of  Tahsildar,
authorised  by  the  State  Government,  by  notification  in  the Official  Gazette,  to
exercise  the  powers  conferred  on,  and  discharge  the  duties  imposed  upon,  an
Adjudicating  Officer  by  this  Act,  in  such  area  as  may  be  specified  by  the
notification  ;

(b) “  Appellate  Board  ”  means  an  Appellate  Board  constituted  under  section  18  ;
(c) “  Enforcement  Officer  ”  means  the  Assistant  Fisheries  Development  Officer
having  jurisdiction,  and  includes  any  other  Officer  of  the  Directorate  of  Fisheries,
not  below  the  rank  of  Assistant  Fisheries  Development  Officer,  authorised  by  the
State  Government,  by  notification  in  the Official  Gazette,  to  exercise  the  powers
conferred  on,  and  discharge  the  duties  imposed  upon,  an  Enforcement  Officer  by
this  Act,  in  such  area  as  may  be  specified  in  the  notification  ;

(d) “fishing  vessel”  means  a  boat  or  ship,  whether  or  not  fitted  with  mechanical

means  of  propulsion,  which  is  engaged  in  sea  fishing  for  profit,  and  includes—

(i)  a  country  craft,  and
(ii)  a  canoe,

engaged  in  sea  fishing  for  profit  ;

(e) “Licensing  Officer”  means  the    Assistant    Fisheries  Development  Officer
having  jurisdiction,  and  includes  any  other  officer  of  the  Directorate  of  Fisheries,
not  below  the  rank  of  Assistant  Fisheries  Development  Officer,  authorised  by  the
State  Government,  by  notification  in  the Official  Gazette,  to  exercise  the  powers
conferred  on,  and  discharge  the  duties  imposed  upon,  a  Licensing  Officer  by  this
Act,  in  such  area  as  may  be  specified  in  the  notification  ;

1 For    Statement    of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,  1981,  Part  V,

p.  591

* 4th  day  of August  1982, vide  G.  N.,  A  &  C.  D.,  No.  FDX-1481/22167/181/12-ADF,  dated  the

2nd  August  1981.  (M.G.G.  Part-IV  B,  p.  799).

2

Maharashtra  Marine  Fishing  Regulation  Act,  1981

[1981 : Mah. LIV

(f) “  Port  ” means  the  space  within  such  limits  as  may,  from  time  to  time,  be
defined  by  the  State  Government,  by  notification  in  the Official  Gazette,  for  the
purpose  of  this  Act  ;

(g) “  prescribed  ”  means  prescribed  by  rules  made  under  this  Act  ;
(h) “registered  fishing  vessel ”  means  a  fishing  vessel  registered  under  section 9 ;
(i) “ Registration  Officer ”  means  the  Officer  or  servant  in  the  State  Port  Organi-
sation  authorised  by  the  Chief  Port  Officer  for  any  specified  area,  and  includes
any  other  officer  of  the  State  Port  Organisation  authorised  by  State  Government,
by  notification  in  the Official  Gazette,  to  exercise  the  powers  conferred  on,  and
discharge  the  duties  imposed  upon,  a  Registration  Officer    by  this    Act,  in  such
area  as  may  be  specified  in  the  notification  ;

(j) “specified  area”  means  such  area  in  the  sea  along  the  entire  coast  line  of the
State,  but  not  beyond  territorial  waters,  as  may  be  specified  by  the  State  Government,
by  notification  in  the  Official  Gazette  ;

(k) “  State  ”  means  the  State    of    Maharashtra,  and  includes  the  territorial  waters

along  the  entire  coast  line  of  that  State.

3.

(1) The  State  Government  may  by  order  constitute  an  Advisory  Committee  for
each  coastal  District,  with  the  District  Magistrate  as  the  Chairman  and  the  Assistant
Director  of  Fisheries  of  the  District  as  the  member-secretary,  with  representatives  of
the  State  Port  Department  and  the  Police  Department  as  members.    The  Chairman  shall
co-opt  representatives  of  other  Government  Departments  and  of  the  fishermen  and  the
trade  as  he  may  deem  fit.    The  Committee  shall  recommend  to  the  State  Government
the  regulations  to  be  enforced  under  Chapter  II.

(2) The  Committee  shall  advise  the  State  Government  on  the  following  issue  which

may  come  up  for  consideration  while  enforcing  the  Act  :—

(i) reservation  of  specified  areas  of  the  sea  for  fishing  by  vessels  of  a  specified

type  ;

(ii) prohibition  of  vessels  of  specified  type  or  specified  types  from  fishing  in

any  specified  area  ;

(iii) laying  down  maximum  number  of  fishing  vessels  of  specified  type  to  be

allowed  for  fishing  in  specified  area  ;

(iv) laying  down  the  maximum  number  of  fishing  vessels  of  specified  types  to be

registered  in  each  of  the  ports  in  the  District  ;

(v) regulation  or  prohibition  to  catch  specified  species  of  fish  in  any  specified

areas  ;

(vi) regulation  or  prohibition  of  specified  fishing  gear  in  specified  areas  ;
(vii) prescribe  timings  for  fishing  operations  where  necessary  ;
(viii) any  other  matter  which  would  facilitate  effective  enforcement  of  the

provisions  of  the  Act.

CHAPTER  II.
REGULATION OF  FISHING.

4.

(1) The    State  Government  may,  having  regard  to  the  matters  referred  to  in
sub-section  (2)  and  after  consultation  with  the  Advisory  Committee,  by  order  notified
in  the Official  Gazette, regulate,  restrict  or  prohibit,—

(a) the  fishing  in  any  specified  area  by  such  class  or  classes  of  fishing  vessels

as  may  be  specified  ;  or

(b) the  number  of  fishing  vessels  which  may  be  used  for  fishing  in  any  specified

area  ;  or

H  157-2

Constitution
of  Advisory
Committees.

Power to
regulate,
restrict or
prohibit
certain
fishing
activities
within
specified
area.

1981 : Mah. LIV]

Maharashtra  Marine  Fishing  Regulation  Act,  1981

3

(c) the  catching  in  any  specified  area  of  such  species  of  fish  and  for  such  period

as  may  be  specified  in  the  orders  ;  or

(d) the  use  of  such  fishing  gear  in  any  specified  area  as  may  be  prescribed.

(2) In  making  an  order  under  sub-section  (1),  the  State  Government  shall  have

regard  to  the  following  matters,  namely  :—

(a) the  need  to  protect  the  interests  of  different  sections  of  persons  engaged  in
fishing,  particularly  those  engaged  in  fishing  using  traditional  fishing  craft  such  as
country  craft  or  canoe  ;

(b) The  need  to  conserve  fish  and  to  regulate  fishing  on  a  scientific  basis  ;
(c) the  need  to  maintain  law  and  order  in  the  sea  ;
(d) any  other  matter  that  may  be  prescribed.

5. No  owner  or  master  of  a  fishing  vessel  shall  use,  or  cause  or  allow  to  be  used,
such  fishing  vessel  for  fishing  in  any  manner  which  contravenes  an  order  made  under
section  4  :

Provided  that  nothing  in  such  order  shall  be  construed  as  preventing  the  passage
of  any  fishing  vessel  from,  or  to,  the  shore,  through  any  specified  area  to,  or  from
any  area  other  than  specified  area,  for  the  purpose  of  fishing  in  such  other  area  or
for  any  other  purpose  :

Provided  further  that  the  passing  of  such  fishing  vessel  through  any  specified  area
shall  not  in  any  manner  cause  any  damage  to  any  fishing  nets  or  tackles  belonging
to  any  person  who  engages  in  fishing  in  the  specified  area  by  using  any  traditional
fishing  craft  such  as  country  craft  or  canoe.

Prohibition
of  use  of
fishing
vessels  in
contravention
of  any  order
made  under
section  4.

6.

(1) The  owner  of  a  fishing  vessel  may  make  an  application  to  the  Licensing
Officer  for  the  grant  of  a  licence  for  using  such    fishing  vessel  for  fishing  in  any
specified  area.

Licensing  of
fishing
vessels.

(2) Every  application  under  sub-section  (1)  shall  be  in  such  form,  contain  such

particulars,  and  be  accompanied  by  such  fees,  as  may  be  prescribed.

(3) The  Licensing  Officer  may  after  making  such  inquiry  as  he  deems  fit  and  having
regard  to  the  matters  referred  to  in  sub-section  (4),  either  grant  or  refuse  to  grant,  to
the  owner  of  the  fishing  vessel,  a  licence  for  using  such  fishing  vessel  for  fishing  in
the  specified  area  or  specified  areas  mentioned  in  such  licence  :

Provided  that,  before  making  any  order  refusing  to  grant  a  licence,  the  Licensing

Officer  shall  give  a  reasonable  opportunity  of  being  heard  to  the  applicant.

(4) In  granting  or  refusing  licence  under  sub-section  (3),  the  Licensing  Officer  shall

have  regard  to  the  following  matters,  namely  :—

(a) whether  the  fishing  vessel  is  a  registered  fishing  vessel  ;
(b) the  condition  of  the  fishing  vessel,  including  the  accessories  and  fishing gear

with  which  it  is  fitted  ;

(c) any  order  mode  under  section  4  ;
(d) any  other  matter  that  may  be  prescribed.

(5) A  licence  granted  under  this  section  shall  be  in  such  form  and  subject  to  such
conditions,  including  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,  and  different  amounts  by  way  of  security,  may  be

prescribed  in  respect  of  licences  for  different  classes  of  fishing  vessels.

Prohibition
of  using
fishing
vessels  which
are  not
licensed.

Cancellation
suspension
and
amendment
of  licence.

4

Maharashtra  Marine  Fishing  Regulation  Act,  1981

[1981 : Mah. LIV

(6) A  licence  granted  under  this  section  shall  be  valid  for  a  period  of  three  years

which  may  be  renewed  for  similar  periods  from  time  to  time.

7. No  persons  shall,  after  the  commencement  of  this  Act,  carry  on  fishing  in  any

specified  area  using  a  fishing  vessel  which  is  not  licensed  under  section  6  :

Provided  that  nothing  in  this  section  shall  apply  to  any  fishing  vessel,  which  was
being  used  for  fishing  immediately  before  the  commencement  of  this  Act,  for  a  period
of  six  months  from  such  commencement,  or  such  longer  period  as  the  State  Government
may,  by  notification  in  the Official  Gazette,  specify.

8.

(1) If  the  Licensing  Officer  is  satisfied,  either  on  a  reference  made  to  him  in

this  behalf  or  otherwise,  that—

(a) a  licence  granted  under  section  6  has  been  obtained  by  miscrepresentation

as  to  an  essential  fact;  or

(b) the  holder  of  licence  has,  without  reasonable  cause,  failed  to  comply  with
the  conditions  subject  to  which  the  licence  has  been  granted  or  has  contravened
any  of  the  provisions  of  this  Act  or  any  order  or  rule  made  thereunder,  then,
without  prejudice  to  any  other  penalty  to  which  the  holder  of  the  licence  may  be
liable  under  this Act,  the  Licensing  Officer  may,  after  giving  the  holder  of  the  licence
a  reasonable  opportunity  of  showing  cause,  suspend  or  cancel  the  licence  or  forfeit
the  whole  or  any  part  of  the  security,  if  any,  furnished  for  the  performance  of  the
conditions,  subject  to  which  the  licence  has  been  granted.

(2) Subject  to  any  rules  that  may  be  made  in  this  behalf,  the  Licensing  Officer
may  also  vary  or  amend  a  licence  granted  under  section  6,  after  recording  the  reasons
therefor.

Registration
of  vessels.

9.

(1) The  owner  of  very  vessel  used  or  intended  to  be  used  for  purpose  of

fishing  and  kept  in  the  State  shall  register  such  vessel  under  this  Act.

(2) Every  application  for  registration  of  such  vessel  shall  be  made  by  the  owner
thereof  to  the  Registration  Officer  in  such  form,  and  shall  be  accompanied  by  such
fees,  as  may  be  prescribed—

(a) before  the  expiration  of  one  month  from  the  date  on  which  he  first  became

the  owner  of  such  vessel;  or

(b) before  the  expiration  of  three  months  from  the  commencement  of  this  Act  ;

whichever  is  later  :
Provided  that  the  Registration  Officer  may,  for  sufficient  reason  to  be  recorded  in

writing,  extend  the  time-limit  for  registration  by  such  period  as  he  thinks  fit.

(3) The  Registration  Officer  shall  issue  to  the  owner  of  the  vessel  registered  by him
a  certificate  of  Registration  in  the  prescribed  form  and  shall  enter  in  a  register  to  be
kept  by  him,  in  such  form  as  may  be  prescribed,  the  particulars  of  such  certificate.
(4) Registration  once  made  shall  continue  to  be  in  force  until  it  is  cancelled  by  the

Registration  Officer.

(5) Every    vessel    registered  under  this  section  shall  carry  a  registration  mark,

assigned  to  it  by  the  Registration  Officer,  displayed  in  the  prescribed  manner.

(6) No  vessel,  other  than  a  registered  fishing  vessel,  shall  be  entitled  to  a  licence

under  section  6.

1981 : Mah. LIV]

Maharashtra  Marine  Fishing  Regulation  Act,  1981

5

10.

(1) Every  owner  of  the  fishing  vessel  shall  declare  his  base  port  in  the

application  for  registration  of  the  vessel.

(2) After  registration  of  the  vessel  at  a  specified    port,  the  owner  of    the  vessel

shall  operate  the  vessel  only  from  that  port.

(3) In  case  the  owner  of  the  vessel  intends  to  operate  the  vessel  from  a  port  other
than  the  port  specified  in  the  registration  certificate,  he  shall  apply  in  writing  to  the
Registration  Officer  indicating  clearly  the  name  of  the  port  and  the  period  for  which
the  vessel  will  operate  from  that  port.      He  shall  shift  the  base  of  operation  only  after
obtaining  permission  in  writing  from  the  Registration  Officer.    The  Registration  Officer
reserves  the  right  to  refuse    permission  or  even    to  cancel  the  permission  granted,
after  giving  one  month’s  notice  and  after  giving  reasonable  opportunity  to  show  cause
to  the  owner.    The  owner  of  the  vessel  to  whom  permission  granted  is  cancelled  shall
shift  his  vessel  from  the  temporary  port  within  24  hours  after  receipt  of  such  order
cancelling  the  permission.

11.

(1) Every  owner  of  a  registered  fishing  vessel  shall  furnish  to  the  Registration
Officer  at  the  prescribed  time  and  in  the  prescribed  manner  such  returns  as  may  be
prescribed.

(2) The  Registration  Officer  may  inspect  any  registered  fishing  vessel  at  any  time

to  verify  the  accurancy  of  any  return  made  under  this  section.

12. Every    decision  of  the  Licensing  Officer  or  the  Registration  Officer  under
section  6,  section  8  or  section  9,  granting  or  refusing  to  grant  licence  for  a  fishing
vessel  or  suspending,  cancelling,  varying  or  amending  such  licence  or  registration  or
cancellation  of  registration  of  a  vessel,  as  the  case  may  be,  shall,  subject  to  any  right
of  appeal  under  section  13,  be  final.

Information
to  be  given
to Registration
Officer  about
movement of
fishing  vessel
and  his
permission
to  be
obtained.

Returns  to
be  made  by
owners  of
registered
fishing
vessels.

Finality  of
orders  under
sections  6,  8
and  9.

13.

(1) Any  person  aggrieved  by  an  order  of  the  Licensing  Officer    refusing  to
grant  licence  for  fishing  vessel  or  suspending,  cancelling  or  varying  or  amending  such
licence  or  of  the  Registration  Officer  refusing  to  register  a  vessel  or  cancelling  the
registration  of  such  vessel  may,  within  thirty  days  from  the  date  on  which  the  order
is  communicated  to  him,  prefer  an  appeal  to  the  Appellate  Authoriy,  i.e.,  the  Chief
Ports  Officer  of  the  State  Port  Organisation  :

Appeals
against
orders
refusing
grant  of
licence  or
registration
etc.

Provided  that  the  Appellate  Authority  may  entertain  the  appeal  after  the  expiry  of
the  said  period  of  thirty  days  if  it  is  satisfied  that  the  appellant  was  prevented  by
sufficient  cause  from  filing  the  appeal  in  time.

(2) On  receipt  of  an  appeal  under  sub-section  (1),  the  Appellate  Authority  shall
after  giving  the  appellant  a  reasonable  opportunity  of  being  heard,  pass  such  orders
thereon  as  it  deems  fit  as  expeditiously  as  possible.

(3) Every  order  passed  by  the  Appellate  Authority  under  this  section  shall  be  final.

CHAPTER  III.
PENANLTIES.

14. Any  Enforcement  Officer  may,  if  he  has  reason  to  believe  that  any  fishing
vessel  is  being,  or  has  been,  used  in  contravention  of  any  of  the  provisions  of  this
Act,  or  of  any  order  or  rule  made  thereunder  or  of  any  of  the  conditions  of  the  licence,
enter  and  search  such  vessel  and  impound  such  vessel  and  seize  any  fish  found  in  it.

Power  to
enter  and
search
fishing
vessel.

15.

(1) The  Enforcement  Officer  referred  to  in  section  14  shall  keep  the  fishing

vessel,  impounded  in  such  place  and  in  such  manner  as  may  be  prescribed.

Disposal  of
seized  fish.

6

Maharashtra  Marine  Fishing  Regulation  Act,  1981

[1981 : Mah. LIV

(2) In  the  absence  of  suitable  facilities  for  the  storage  of  the  fish  seized,  the
Enforcement  Offier  may,  if  he  is  of  the  opinion  that  the  disposal  of  such  fish  is
necessary,  dispose  of  such  fish    and  deposit  the  proceeds  thereon  in  the  prescribed
manner  in  the  office  of  the  Adjudicating  Officer.

16.

(1) Where  any  Enforcement  Officer  has  reason  to  believe  that  any  fishing
vessel  is  being,  or  has  been,  used  in  contravention  of  any  of  the  provisions  of  this
Act,  or  any  order  or  rule  made  thereunder  or  of  any  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  matters  mentioned  in
the  report,  in  the  prescribed  manner  after  giving  all  the  parties  concerned  a  reasonable
opportunity  of  being  heard.

17.

(1) The  Adjudicating  Officer  shall,  after  the  inquiry  is  held  under  section  16,
decide  whether  any  person  has  used  or  caused  or  allowed  to  be  used,  any  fishing
vessel  in  contravention  of  any  of  the  provisions  of  this  Act  or  of  any  order  or  rule
made  thereunder  or  of  any  of  the  conditions  of  the  licence.  When  such  person  is
found  guilty  by  the  Adjudicating  Officer,  the  Adjudicating  Officer  may,  by  order  in
writing  impose  on  such  person  a  penalty  of  an  amount  not  exceeding—

(a) five  thousand  rupees,  if  the  value  of  the  fish  involved  is  one  thousand

rupees  or  less;

(b) five  times  the  value  of  the  fish,  if  the  value  of  the  fish  involved  is  more

than  one  thousand  rupees  ;

(c) five  thousand  rupees,  in  any  other  case,  including  a  case  where  there  has

been  no  catch  of  fish,  as  may  be  adjudged  by  the  Adjudicating  Officer.
(2) The  amount  of  any  penalty  imposed  under  sub-section  (1)  shall  be  recoverable

as  an  arrear  of  land  revenue.

(3) In  addition  to  any  penalty  that  may  be  imposed  under  sub-section  (1),  the

Adjudicating  Officer  may  direct  that—

(a) the  registration  certificate  of  the  fishing  vessel  which  has  been  used,  or
caused  or  allowed  to  be  used,  in  the  manner  referred  to  in  sub-section  (1)  or  the
licence,  any  condition  of  which  has  been  contravened,  shall  be—

(i) cancelled  or  revoked,  as  the  case  may  be  ;  or
(ii) suspended  for  such  period  as  the  Adjudicating  Officer  deems  fit  ;  or
(b) the  fishing  vessel  or  fish  that  may  have  been  impounded  or  seized  as  the

case  may  be,  under  section  14  shall  be  forfeited  to  the  State  Government  :

Provided  that  no  fishing  vessel  shall  be  forfeited  under  clause  (b),  if  the Adjudicating
Officer,  after  hearing  the  owner  of  such  vessel  or  any  person  claiming  any  right  thereto,
is  satisfied  that  the  owner  or  such  person  had  exercised  due  care  for  the  prevention
of  the  commission  of  such  default.

18.

(1) In  each  District,  the  District  Magistrate  shall  constitute  the  Appellate  Board

for  the  whole  District.

(2) The    State  Government  may,    whenever    necessary,    by  notification  in  the
Official  Gazette,  constitute  one  or  more  Appellate  Board  or  Boards  consisting  of  one
member,  for  such  area  in  the  District  as  may  be  specified  in  the  notification.

(3) Any  person  aggrieved  by  an  order  of  the Adjudicating  Officer  may,    within
thirty  days  from  the  date  on  which  the  order  is  made,  prefer    an    appeal  to  the
Appellate  Board,  having  jurisdiction  to  hear  such  appeal  :

Adjudication.

Imposition
of  penalty.

Constitution
of  Appellate
Board  and
appeals  to
Appellate
Board.

1981 : Mah. LIV]

Maharashtra  Marine  Fishing  Regulation  Act,  1981

7

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

(4) No  appeal  under  this  section  shall  be  entertained  by  the  Appellate  Board,  unless
the  appellant  has,  at  the  time  of  filing  the  appeal,  deposited  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,  if  it  is  of  the  opinion  that  the  deposit  to  be  made  under  this  sub-section
will  cause  undue  hardship  to  the  appellant,  by  order  in  writing,  dispense  with  such
deposit,  either  unconditionally  or  subject  to  such  conditions  as  it  may  deem  fit  to
impose.

(5) 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  parties  concerned  a
reasonable  opportunity  of  being  heard,  confirm,  modify  or  set  aside  the  order  appealed
against  and  the  decision  of  the  Appellate  Board  shall  be  final  ;  and

(a) if  the  sum  deposited  by  way  of  penalty  under  sub-section  (4)  exceeds  the

penalty  directed  to  be  paid  by  the  Appellate  Board,  the  excess  amount,  or

(b) if  the Appellate  Board  sets  aside  the  order  imposing  penalty,  the  whole  of

the  sum  deposited  by  way  of  penalty,
shall  be  refunded  to  the  appellant.

19. The  Appellate  Board  may  call  for  an  examination  of  the  records  of  any  order
passed  by  an  Adjudicating  Officer  under  section  17  and  against  which  no  appeal  has
been  preferred  under  section  18,  for  the  purpose  of  satisfying  itself  as  to  the  legality
or  propriety  of  such  order  or  as  to  the  regularity  of  the  procedure  and  pass  such
order  with  respect  thereto  as  it  may  think  fit  :

Revision  by
Appellate
Board.

Provided  that  no  such  order  shall  be  made  except  after  giving  the  person  affected

a  reasonable  opportunity  of  being  heard  in  the  matter.

V  of
1908.

20.

(1) The  Adjudication  Officer  and  the  Appellate  Board  shall,  while  holding  an
inquiry,  have  all  the  powers  of  a  Civil  Court  under  the  Code  of  Civil  Procedure,  1908,
while  trying  a  suit,  in  respect  of  the  following  matters,  namely  :—

(a) sammoning  and  enforcing  the  attendance  of  witnesses  and  examining  them

on  oath  ;

(b) requiring  the  discovery  and  production  of  any  document  ;
(c) receiving  evidence  on  affidavits  ;
(d) requisitioning  any  public  record  or  copy  thereof  from  any  Court  or  office  ;
(e) issuing  commissions  for  the  examination  of  witnesses  or  documents  ;
(f) any  other  matter  which  may  be  prescribed.

Power  of
Adjudicating
Officer  and
the Appellate
Board  in
relation  to
holding
inquiry  under
this  Act.

(2) The  Adjudicating  Officer  or  the  Appellate  Board  shall,  while  exercising  any  power
under  this  Act,  be  deemed  to  be  a  Civil  Court  for  the  purposes  of  sections  345  and
346  of  the  Code  of  Criminal  Procedure,  1973.

II  of
1974.

21. Whoever  contravenes  any  of  the  provisions  of  this  Act  or  any  order  of  rule
made  thereunder  or  any  of  the  conditions  of  the  licence,  shall,  without  prejudice  to
any  other  action  which  may  be  taken  against  him  under  this  Act,  on  conviction,  be
punished  with  fine,  which  may  extend  to  one  thousand  rupees,  and  with  further  fine
which  may  extend  to  fifty  rupees  for  every  day  on  which  such  contravention  continues
after  the  first  conviction.

General
provision  for
punishment
of  offences.

Offences  by
companies.

8

Maharashtra  Marine  Fishing  Regulation  Act,  1981

[1981 : Mah. LIV

22.

(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  punishment,  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  any  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  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  any  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  IV.
MISCELLANEOUS.

Exemptions.

23.

(1) Nothing  contained  in  this  Act  shall  apply  to  survey  vessels  belonging  to

the  Central  Government  or  any  State  Government  or  any  Public  Undertakings.

(2) If  the  State  Government  is  of  the  opinion  that,  having  regard  to  the  purposes
of  this  Act,  it  would  not  be  in  the  public  interest  to  apply  all  or  any  of  the  provisions
of  this  Act,  to  any  class  or  classes  of  fishing  vessels  used  for  fishing  in  any  specified
area  or  specified  areas,  it  may  by  notification  in  the Official  Gazette, exempt,  subject
to  such  conditions  as  it  may  think  fit  to  impose,  such  class  or  classes  of  fishing  vessels
used  or  fishing  in  such  specified  area  or  specified  areas,  and  for  such  period  or  periods,
as  it  may  specify  in  the  notification,  from  the  operation  of  all  or  any  of  the  provisions
of  this  Act.

24.

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

25.

(1) The  power  to  made  rules  under  this  Act  shall  be  exercisable  by  the  State

Government.

(2) Without  prejudice  to  any  power  to  make  rules  contained  elsewhere  in  this Act,
the  State  Government  may  make  rules  consistent  with  this  Act  to  carry  out  the
purposes  of  this  Act.

(3) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of  previous

publication.

Protection
of  action
taken  in
good  faith.

Power  to
make  rules.

1981 : Mah. LIV]

Maharashtra  Marine  Fishing  Regulation  Act,  1981

9

(4) Every  rule  made  under  this Act  shall  be  laid,  as  soon  as  may  be  after  it  is made,
before  each  House  of  the  State  Legislature,  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,  and  notify  such
decision  in  the Official  Gazette, the  rule  shall,  from  the  date  of  publication  of  such
notification,  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. Nothing  in  this  Act  shall  apply  to  fishing  and  fisheries  beyond  territorial

Saving.

waters.

H  157-3,360  Bks.-11.2013

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