The Karnataka Marine Fishing (Regulation) Act, 1986
Chapter IV MISCELLANEOUS
Chapter IV MISCELLANEOUS
19. Exemption
(1) Nothing contained in this Act, shall apply to survey vessels belonging to the Central Government or any State Government or any public undertaking.
- (2) If the 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 for fishing in such specified area or specified areas, as it may specify in the notification from the operation of all or any of the provisions of this Act.
Chapter IV MISCELLANEOUS
20. Delegation of powers
The Government may, by notification, direct that all or any of the powers conferred on the authorised officer by or under this Act, may, subject to such restrictions and conditions be exercisable also by such other officer, as may be specified.
Chapter IV MISCELLANEOUS
21. Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings 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 order or rule made thereunder.
- (2) No suit or other legal proceedings 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 order or rule made thereunder.
Chapter IV MISCELLANEOUS
22. Power to make rules
(1) The Government may, by notification and after previous publication 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 matters to which regard shall be had in making an order under sub-section (1) of section 3; (b) the form of the application for licence under sub-section (1) of section 5, the particulars which it shall contain and the fees which shall accompany it ; (c) the matters to which regard shall be had in granting or refusing a licence under clause (c) of sub-section (4) of section 5, the fees payable for the licence or renewal thereof and the security for the due performance of the conditions of the licence ; (d) the procedure to be followed in granting or refusing a licence under section 5 or cancelling, suspending, varying or amending such licence or in registering a vessel under section 8 or cancelling such registration ; (e) the form of the application for registration of vessel under section 8, the particulars which such application shall contain, and the fees which shall accompany the application, the form of the certificate of registration and the form of the register referred to in sub-section (3) of that section and the manner in which the registration mark referred to in sub-section (5) of that section shall be displayed ; (f) the authority to whom appeals shall be preferred under sub-section (1) of section 10 ; (g) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (2) of section 11 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the arbitrator under sub-section (3) of that section ; (h) the procedure of the enquiry by the arbitrator under sub-section (2) of section 12 ; (i) the qualifications of the members of the Appellate Board other than the Chairman, the fees and allowances payable to the Chairman and other members of the Appellate Board and the procedure of the Appellate Board ; (j) the fees payable for the supply of copies of documents or orders or for any other purpose or matter involving the rendering of any service by any officer or authority under this Act ; (k) any other matter which is to be or may be, provided for by rules under this Act. (3) 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 in which it is so laid or the session immediately following, 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. (The above translation of the PÀ£ÁðlPÀ PÀqÀ®Ä «ÄãÀÄUÁjPÉ («¤AiÀĪÀÄ£À) C¢ü¤AiÀĪÀÄ, 1986. was published in Part IV-2B of the official Gazette dated 24-1-1987 as No. 66 under clause (3) of Article 348 of the Constitution of India.) • * * * NOTIFICATION Bangalore dated 18th August 1986 [No. AAH 161 SFM 81] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Marine Fishing Regulation Act, 1986 (Karnataka Act 24 of 1986), the Government of Karnataka hereby notify that the eighteenth day of August 1986 as the day on which the said Act shall come into force. By Order and in the name of the Governor of Karnataka, J. Vasudevan. Secretary to Government, Animal Husbandry, Fishing and Forest Department. (Published in the Kar. Gazette (Extraordinary) Part IV-2B dated 18-8-1986 as No. 621.) • * * *
- (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 to which regard shall be had in making an order under sub-section (1) of section 3;
- (b) the form of the application for licence under sub-section (1) of section 5, the particulars which it shall contain and the fees which shall accompany it ;
- (c) the matters to which regard shall be had in granting or refusing a licence under clause (c) of sub-section (4) of section 5, the fees payable for the licence or renewal thereof and the security for the due performance of the conditions of the licence ;
- (d) the procedure to be followed in granting or refusing a licence under section 5 or cancelling, suspending, varying or amending such licence or in registering a vessel under section 8 or cancelling such registration ;
- (e) the form of the application for registration of vessel under section 8, the particulars which such application shall contain, and the fees which shall accompany the application, the form of the certificate of registration and the form of the register referred to in sub-section (3) of that section and the manner in which the registration mark referred to in sub-section (5) of that section shall be displayed ;
- (f) the authority to whom appeals shall be preferred under sub-section (1) of section 10 ;
- (g) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (2) of section 11 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the arbitrator under sub-section (3) of that section ;
- (h) the procedure of the enquiry by the arbitrator under sub-section (2) of section 12 ;
- (i) the qualifications of the members of the Appellate Board other than the Chairman, the fees and allowances payable to the Chairman and other members of the Appellate Board and the procedure of the Appellate Board ;
- (j) the fees payable for the supply of copies of documents or orders or for any other purpose or matter involving the rendering of any service by any officer or authority under this Act ;
- (k) any other matter which is to be or may be, provided for by rules under this Act.
- (3) 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 in which it is so laid or the session immediately following, 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. (The above translation of the PÀ£ÁðlPÀ PÀqÀ®Ä «ÄãÀÄUÁjPÉ («¤AiÀĪÀÄ£À) C¢ü¤AiÀĪÀÄ, 1986. was published in Part IV-2B of the official Gazette dated 24-1-1987 as No. 66 under clause (3) of Article 348 of the Constitution of India.)
- • * * * NOTIFICATION Bangalore dated 18th August 1986 [No. AAH 161 SFM 81] In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Marine Fishing Regulation Act, 1986 (Karnataka Act 24 of 1986), the Government of Karnataka hereby notify that the eighteenth day of August 1986 as the day on which the said Act shall come into force. By Order and in the name of the Governor of Karnataka, J. Vasudevan. Secretary to Government, Animal Husbandry, Fishing and Forest Department. (Published in the Kar. Gazette (Extraordinary) Part IV-2B dated 18-8-1986 as No. 621.)
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