The Andhra Pradesh Marine Fishing (Regulation) Act, 1995

Short title, extent and commencement.—(1) This Act may be called the Andhra Pradesh Marine Fishing (Regulation) Act, 1995.

1. (2) It extends to the whole of the State of Andhra Pradesh.
2. (3) It shall come into force in such area or areas and on such date or dates as the Government may, by notification, appoint, and different dates may be appointed for different areas.

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

1. (a) "Appointed day" means such day as the Government may, by notification, appoint under sub-section

1. (3) of section 1;
   • (b) "Fishing vessel" means a ship or boat, whether or not fitted with mechanical means of propulsion, which is engaged in sea fishing for profit and includes—
     • (i) a deep sea fishing vessel;
     • (ii) a mechanized fishing boat;
     • (iii) a catamaran;
     • (iv) a country craft including a canoe and a boat used for fishing;
   • (c) "Government" means the State Government of Andhra Pradesh;
   • (d) "Port" means the space within the limits of the port as defined for the time being under the Indian Ports Act, 1908;
   • (e) "Prescribed" means prescribed by rules made under this Act;
   • (f) "Registered fishing vessel" means a fishing vessel registered under section 9;
   • (g) "Specified area" means such area or areas in the sea along the entire coast line of the State, but not beyond the territorial waters, as may be specified by the Government by notification;
   • (h) "Tidal water" means any part of the sea or of a river within the ebb and flow of the tide at ordinary spring tides.

Power to regulate, restrict or prohibit fishing in specified areas.

1. (1) The Government may, having regard to the matters referred to in sub-section (2), by order notified in the Andhra Pradesh Gazette, regulate, restrict or prohibit—
   • (a) the fishing in any specified area by such class or classes of fishing vessels as may be prescribed;
   • (b) the number of fishing vessels which may be used for fishing in any specified area;
   • (c) the catching in any specified area of such species of fish and for such period as may be specified in the order;
   • (d) the use of such fishing gear in any specified area as may be prescribed.
2. (2) In making an order under sub-section (1), the 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 catamaran, 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.
3. (3) Every order made under sub-section
4. (1) shall come into force on the date of its publication in the Andhra Pradesh Gazette or on such other date as may be specified therein.

Prohibition of use of fishing vessel in contravention of any order made under section 3.

1. (1) 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 3: Provided that nothing in such order shall be construed as preventing the passage of any fishing vessel from any area to and from which the passage of such fishing vessel is permitted by or under this Act: Provided further that the fishing vessel shall not be used for fishing during the passage.
2. (2) No owner or master of a fishing vessel shall use, or cause or allow to be used, such fishing vessel for fishing in any specified area unless the fishing vessel is licensed in accordance with the provisions of this Act.

Licensing of fishing vessels.

1. (1) The owner of a fishing vessel may make an application in the prescribed form to the licensing officer together with such fee as may be prescribed for the grant of a licence for using the fishing vessel for fishing in the specified area.
2. (2) Every application made under sub-section
3. (1) shall be in such form and contain such particulars as may be prescribed.
4. (3) The licensing officer may, if he is satisfied that the applicant has complied with all the requirements and that the registration of the fishing vessel is valid, grant a licence to the owner of the fishing vessel on payment of such fee as may be prescribed: Provided that where, for any reason, the licensing officer refuses to grant a licence, he shall record the reasons for such refusal and communicate the same to the applicant.
5. (4) A licence granted under this section shall be in such form and subject to such terms and conditions, including conditions as to payment of such fees and compliance with such restrictions, as may be prescribed.
6. (5) A licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees as may be prescribed.

Prohibition of fishing using fishing vessel in contravention of licence. No person shall, after the commencement of this Act, carry on fishing in any specified area using a fishing vessel that is not licensed under section 5:

Cancellation, suspension and amendment of licence Cancellation, suspension and amendment of licence:

1. (1) If the authorised officer, either of his own motion or on any representation made to him, is satisfied that the licencee has contravened any of the provisions of this Act or any of the terms and conditions of the licence or any rules made under this Act, he may, after giving the licencee a reasonable opportunity of being heard, cancel or suspend the licence for such period as he may deem fit: Provided that where the contravention is the first one, the licence shall not be cancelled or suspended for more than such period as may be prescribed.
2. (2) If the authorised officer is satisfied that any licence was issued on the strength of any misrepresentation or fraud, he may, after giving the licencee a reasonable opportunity of being heard, cancel the licence.
3. (3) The authorised officer may, either of his own motion or on an application by the licencee, and after giving the licencee a reasonable opportunity of being heard, amend the licence.

Registration of fishing vessels:

1. (1) The owner of every fishing vessel not registered under the Merchant Shipping Act, 1958 (Central Act 44 of 1958) shall register such vessel under this Act in such manner as may be prescribed: Provided that nothing contained in this section shall apply to any fishing vessel which is being registered or has been registered under the Merchant Shipping Act, 1958.
2. (2) Every application for registration of a fishing vessel shall be made by the owner thereof to the authorised officer within such time and in such form and shall be accompanied by such fee as may be prescribed.
3. (3) The authorised officer shall after making such enquiry as he deems fit, register the fishing vessel and issue to the owner thereof a certificate of registration in the prescribed form.
4. (4) Every fishing vessel registered under this section shall display in the prescribed manner such identification marks, including letters and numbers, as may be assigned to it by the authorised officer.

Information to be given to authorised officer. —

1. (1) Where any authorised officer has reason to believe that a contravention of any of the provisions of this Act or any order or notification made thereunder has been committed, he may require any person in charge of such fishing vessel to furnish such information as he may deem necessary, and such person shall be bound to furnish such information.

Penalties. —

1. (1) The master or owner of a fishing vessel which contravenes any of the provisions of this Act or any order or notification made or the conditions of any licence granted thereunder, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
2. (2) If the person convicted of an offence under sub-section
3. (1) is again convicted of an offence under the same provision, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Power to enter and search fishing vessel:

1. (1) Any officer authorised by the Government in this behalf (hereinafter referred to as the authorised 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 any of the conditions of the licence, enter and search such fishing vessel and seize such fishing vessel, fish, fishing gear or other contrivance used for fishing.
2. (2) Every officer seizing any fishing vessel, fish, fishing gear or other contrivance under this Act shall place on such property a mark indicating that the same has been seized and shall, as soon as may be, make a report of such seizure to the adjudicating officer.

Disposal of seized fish:

1. (1) Where any fish is seized under this Act, the authorised officer may, if the fish is subject to speedy and natural decay, sell the fish and deposit the proceeds thereof in the prescribed manner in the office of the adjudicating officer.
2. (2) If no such sale is effected, the authorised officer shall produce the seized fish before the adjudicating officer within twenty-four hours of such seizure.

Power of Adjudicating Officer to hold inquiry.—

1. (1) The Adjudicating Officer shall, while holding an inquiry, follow such procedure as may be prescribed.
2. (2) The Adjudicating Officer shall, if he is satisfied that any owner or master of a fishing vessel has contravened any of the provisions of this Act or any order or notification issued thereunder, impose such penalty not exceeding rupees ten thousand, as he deems fit, and may also impose an additional penalty not exceeding the value of the fish taken in contravention of such provisions as may be prescribed: Provided that no order imposing a penalty under this section shall be made unless the owner or master of the fishing vessel has been given a notice in writing informing him of the grounds on which it is proposed to impose a penalty and giving him a reasonable opportunity of making a representation in the matter.

Adjudicating Officer to have the powers of civil court.—

1. (1) The Adjudicating Officer shall, while holding an inquiry under this Act, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit, in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of witnesses;
   • (b) requiring the discovery and production of any document;
   • (c) requisitioning any public record or copy thereof from any court or office;
   • (d) receiving evidence on affidavits; and
   • (e) issuing commissions for the examination of witnesses or documents.
2. (2) The Adjudicating Officer shall, while exercising any powers 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 (Central Act 2 of 1974).

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 punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

1. (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 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.

Appeals. —

1. (1) Any person aggrieved by an order made by the authorised officer under section 7, section 8, section 9, section 10 or section 12 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed (hereinafter referred to as the appellate authority): 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. (2) No appeal shall be entertained under sub-section
3. (1) unless it is accompanied by such fee as may be prescribed.
4. (3) On receipt of any appeal under sub-section (1), the appellate authority shall, after giving the parties thereto an opportunity of being heard, dispose of the appeal as expeditiously as possible.
5. (4) Every order passed by the appellate authority under this section shall, subject to the provisions of section 17, be final.

Revision

1. (1) The Government may, either suo motu or on an application made in this behalf, call for and examine the record of any officer or authority exercising any power or performing any function under this Act (except the power of adjudication) for the purpose of satisfying themselves as to the legality or propriety of any order passed or decision taken by such officer or authority and may pass such order in reference thereto as they think fit: Provided that the Government shall not pass any order under this sub-section which prejudicial to any person without giving such person a reasonable opportunity of being heard.
2. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section
3. (1) in respect thereof.

Power to exempt

1. (1) If the Government are of opinion that, having regard to the fishing methods deployed or to the nets used by any specified class of fishing vessels, it is necessary or expedient so to do, they may, by notification in the Andhra Pradesh Gazette, exempt, subject to such conditions, if any, as may be specified in the notification, such class of fishing vessels from the operation of all or any of the provisions of this Act:

Protection of action taken in good faith Protection of action taken in good faith.

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

Power to make rules.

1. (1) The Government may, by notification, make rules to carry out the provisions of this Act.
2. (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 matters relating to issue of licences under section 6, including the fees to be paid and the forms of application;
   • (b) the matters relating to the registration of fishing vessels under section 11, including the fees to be paid and the forms of application;
   • (c) the regulation of the manner of carrying out the provision of this Act and the rules made thereunder;
   • (d) any other matter which is required to be or may be prescribed.
3. (3) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is sitting and if it is not sitting, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees 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.

-1 Section 21 ("Repeal and savings")

1. (1) The Andhra Pradesh Marine Fishing Regulation Ordinance, 1994 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.