Laying of rules and notifications before the Legislative Assembly. Schedule

19.3

THE KERALA FISHERMEN’S WELFARE FUND ACT, 1985* (Act 30 of 1985)

An Act to promde for the constitution of a welfare fund for promotmg the welfare of fishermen im the State of Kerala and for matters inczdental thereto.

Preamble—WHEREAS it is expedient to prov1de for the constitution of a wellure fund for promotion of the welfare of fishermen in the State of Ferala and for CGI’HLn other matters

incidental thereto.

BE it enacted in the Thirty-sixth Year of the Republic of India as follows:—

1. Short title, extent and commencement—(1) ThlS Act may be called the Kerala. Fishermen’s Welfare Fund Act, 1985.

1. (2) It extends to the whole of the State of Kerala.
2. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 2. Definitions—In this Act, unless the context otherwise requires,—
   • (a) “Board” means the Kerala Fishermen’s Welfare Fund Board constituted under section 7;
   • (b) “contribution” means the sum of money payable to the fund under section 4;
   • (c) “Director of Fisheries” means the Director of Fisheries for the State of Kerala;
   • (d) “dealer” means any person who carries on within the State of Kerala the business of buying and selling fish or processing fish for export or domestic marketing and includes,—
     • (i) a commission agent, a broker, or any other mercantile agent by whatever name called; and
     • (ii) a non-resident dealer or an agent of a non-resident dealer or a local branch of a firm or company or association situated outside the State of Kerala.;
   • (e) “fish” includes prawn; ' Received the assent of the President on the 10th day of December, 1913—5 and published in the Kerala Gazette, Extraordinary No 1060 dated the 13th December, 1985
     • (i) “Fisheries Ofiicer” means the Fisheries Oflicer appointai under clause (11) of section 2 of the Kerala Fishermen Welfare Societies Act, 1980 (7 of 1981);
   • (g) “fisherman” means a fisherman as defined in (lause (e) of section 2 of the Kerala Fishermen Welfare Societies Act, 1980 (7 of 1981);
   • (h) ”fishing vessel” means a ship or boat, whether or not fitted with mechanical means of propulsion, which is engaged in fishing for profit and includes,—
     • (i) a catamaran; and
     • (ii) a country craft, known by the name “vanchi” oz “vallom” or by any other local variations thereof,
     • (i) “fund” means the Kerala F‘ishermen’s Welfare Fund established under section 3 and the scheme;
   • (j) “member" means a member of the fund;
   • (k) “scheme” means the Kerala Fishermen’s Welfare Fund Scheme framed under this Act;
3. (1) “schedule” means the schedule to this Act. 3. Fishermmz’s Welfare Fund Scheme.——(1) The Government may, by notification in the Gazette, frame a scheme to be called the Kerala Fishermen’s Welfare Fund Scheme for the establishment of a, fund under this Act by name “the Kerala Fishermen’s Welfare Fund” for the welfare of fishermen and there shall be established, as soon as may be after the framing of the scheme, the flmd in accordance with the provision of this Act and scheme.
4. (2) There shall be credited to the fund,—
   • (a) the contributions specified in section 4;
   • (b) fee levied under the scheme:
5. (0) damages realised under section 21, (d) grants or loans or advances made by the Government of India or the State Government,
6. (5) any voluntary donations:
   • (f) any penalty levied under the provisions of the Kern]: Marine Fishing Regulation Act, 1980 (10 of 1981):
   • (g) any amount raised by the Board from other sourcea to augment the resources of the Board.
7. (3) The fund shall vest in and be administered by the Board.
8. (4) The fund may be utilised for all or any of the following purposes, namely-—
   • (a) to provide for distress relief to fishermen in times of natural calamities;
   • (b) [or payment of financial assistance to fishermen who suffer permanent or temporary disablement;
   • (c) for payment of loans or grants to fishermen to meet the expenses for the marriage of children, or expenses in connection with disease or death of dependants, or any unexpected expenditure or the day to day expenditure during lean months;
   • (d) to prov1de for the fishermen and the members of their families,—
9. (1) education, vocational training and part~time employment;
   • (ii) social education centres including reading rooms and libraries;
   • (iii) sports, games and medical fac11i1.ies;
   • (iv) nutritious food for children, and
   • (v) employment opportunities to the handicapped;
   • (e) for payment of financial assistance to fishermen who suffer loss of houses or fishing implements or any other damage due to natural calamities or other unexpected causes; (1?) to provide old age assistance to fishermen; (g) for the implementation of any other purpose specified in the scheme.
10. (5) Every fisherman who is a member of a Fishermen’s Welfare Society constituted under section 4 of the Kerala Fishermen Welfare Societies Act, 1980 (7 of 1981), shall be a member of the fund.
11. (6) Subject to the provisions of this Act, the scheme framed under sub-section (1) may provide for all or any of the matters specified in sub-section (4) and in the schedule. 4 Contribution to the Fund—(1) A fisherman shall contribute to the fund three per cent of the value of fish caught by him during a year or three per cent of the wages earned by him in a year: Provided that the contribution by a fisherman for a period of three years from the commencement of the Act shall be at the rate of Rs. 30 per year.
12. (2) A dealer shall contribute every year to the fund one per cent of his sale nroceeds in the year: Provided that the Board shall fix, upon such principles as may be specified in the scheme, the amount which a dealer shall contribute every year to the fund, for a period of three years from the commencement of this Act: Provided further that the amount fixed under the preceding proviso shall not exceed one per cent of the sale proceeds of the dealer.
13. (3) The owner of a fishing vessel shall contribute to the fund every year an amount calculated at the followmg rates, namely:—
    • (a) traditional craft,—
      • (i) catamaran (nonmotorised) catamaran (motorised) (i1) country craft upto 9 metre size (non-motorised) country craft upto 9 metre size (motorised)
      • (iii) country craft above 9 metre size (non-motorised) country craft above 9 metre size (motorised)
    • (b) Mechanised boat,—
      • (i) below 15 CRT — RE. 1 per monih per catamaran for nine months; — Rs. 2 per month per catamaran for nine months; — Rs 3 per month per country craft for nine months; — Rs. 5 per month per country craft for nine months; — Rs. 5 per month per country craft for nine months; — Rs. 7 per month per country craft for mne months: — Rs. 100 per month per boat for nine months;
      • (ii) of 15 CRT and above —- Rs. 200 per month per boat but below 25 CRT for nine months; tin) of 25 GRT and above — Rs. 400 per month per boat upto 35 CRT for nine months;
      • (iv) above 35 CRT —— Rs. 1000 per month per boat for nine months:
14. (4) The owner of a, fishing net shall contribute to the fund one rupee per net per month for nine months every year. Explanatzon.——For the purposes of this sub-section, “fishing net” means a china net or a stakenet or a. free net used tor catching fish.
15. (5) The owner of a prawn filtration area or a fish farm shall contribute every year to the fund two per cent of the value of the prawn and other fish caught from the prawn filtration area or the fish farm during the year: Provided that the Board shall fix upon such prinmples as may be specified in the scheme, the amount which the owner of a prawn filtration area shall contribute every year to the fund tor a period of three years from the commencement of the Act: Provided further that the amount fixed under the pi eceding proviso shall not exceed two per cent of the value of the prawn and other fish caught during a year: Provided also that no contribution shall be payable by the owner of a fish farm for the first three years from the formation of the fish farm. Explanation—For the purposes of this sub-section, “prawn filtration area” means any water-logged area where prawn filtration is carried on during the whole or any part of the year, but does not include any area where paddy is cultivated at any time during a year.
16. (6) A person who employs a fisherman in a. fishing vessel shall be liable to pay under sub-section (7) the contribution payable by that fisherman under sub-section (1) after deducting that amount from the wages or other remuneration due to such fisherman.
17. (7) The contributions shall be paid to the Fisheries Officer or to any officer of the Board authorised by the Board In this behalf.
18. (8) The amount of contribution shall be rounded off to the nearest rupee and, where such amount contains part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored. 5. Amount to be accounted to the credit of each member.— Each member shall be entitled to such amount in the fund as may be fixed in accordance with the formula specified in the scheme and entered in the accounts of the fund to his credit. 6 Modifications of Schema—The Government may, by notification in the Gazette, add to, amend or vary the scheme. 7. Constitution of Board—(1) The Government may, by notification in the Gazette, constitute with effect from such date as may be specified therein, a Board to be called the Kerala Fishermen’s Welfare Fund Board for the administration of the fund and to supervise and to carry out the activities financed from the fluid.
19. (2) The Board shall be a body corporate by the name aforesaid, havmg perpetual succession and a common seal and shall by the said name sue and be sued.
20. (3) The Board shall consist of the following members, namely,—
    • (a) Secretary to Government in charge of fisheries;
    • (b) the Director of Fisheries;
    • (c) the Chairman and Managing Director of the Kerala State Co-operativc Federation for Fisheries Development;
    • (d) the Law Secretary or an ofiicer of Law Department nominated by him;
    • (e) a representative of the Finance Department to be nominated by the Government; and
    • (f) three representatives of the fishermen to be nominated by the Government.
21. (4) The Government shall nominate one of the members of the Board as its Chairman.
22. (5) The Board shall administer the fund in such manner as may be specified in the scheme
23. (6) The Board may, with the previous approval of the Government, delegate to the Director of Fisheries or to the Managing Director of the Kerala. State Co-operative Federation for Fisheries Development or to any officer of the Government or of the Board, such of its powers and functions under this Act or the scheme as it may consider necessary for the efficient administration of the fund, subject to such restrictions and conditions, if any, as it may specify. '8. Powe7 of the Board to borrow —The Board may, from time to time, With the previous approval of the Government and subject to such terms and conditions as may be specified by the Government, borrow money for the purposes of the scheme. 2'01' , 9. Term of Office of non-official members.—(1) A member nominatedumder clause (f) of sub-section (3) of section 7 shall hold oflice for a term of five years from the date of his nomination, and shall be elig1ble for renomination. (‘2) Any nominated member may resign his membership by giving notme 1n writing to the Government, but shall continue in o‘flice until 'his Iresignation is accepted by‘ the Government. 10. Removal of non-official members.-—(1) The Government may, by notificationin the Gazette, removeiany non-official member of the Board from office,—
    • (a) if -he has, without theipermissionof the Board, been absent'drom «the 1meetings of 'the Board for anyzperiod exceeding three consecutive months or if within the said period less than three meetings have been held, he absents «himself from three consecutive meetings: Provided, 'hOWever, that-such eibsence'may be condoned by the Board before the publication of the notification in the official Gazette;
    • (b) if he, in the opinion of theGovernment, is unsuitable or has 'become 'in'capable of acting as a member or has so abused his positionas a member as to renderhis continuance as -such member detrimentalto the ,public intweet: Provided that before removing a. member under this sub-section, he 'shall *be given a reasonableOpportunity to show cause why he shoul'd not 'be removed. 4 1(2) cA -non~oflicia.l member'of the )Board removed under clause (a) of sub-section (1) shall be disqualified for nomination as a member of the Board for a.period110f three years from the date of his removal unless otherWise ordered by the Government. 1(8) 1A nonofiicial meniber '61' ‘the ’BOard ‘removed under clause (b) of sub-section l(1) shall not We eligiblefor l1'enorn1nat1on until he is declared by an order of the Government 1to be Ino longer ine‘l1g‘ib1e. 11. Appomtme'nt of staff.——-(1) The Board may, with the previous approval (if the Government, appoint such staffas it may consider'necessary.
24. (2) Subject to the provisions of sub-section (3), the method of recruitment, salary and allowances and dther conditions of 25,686'MC --1 .- l ._... M ' service of the staff appointed by the Board shall be such as may be specified by the Board With the previous approval of the Government.
25. (3) In the case of posts in the serVice under the Board to which appointment is made by direct recruitment.—
    • (a) fifteen per cent shall be reserved for appointment from candidates belonging to families of fishermen;
    • (b) ten per cent shall be reserved for appomtment from candidates belonging to scheduled castes and scheduled tribes; and
    • (c) twenty-five per cent shall be reserved for appointment _- from candidates belonging 1.0 other backward classes. , Explanation—For the purposes of this sub-section, the expressions, “scheduled castes", “scheduled tribes” and ”other backward classes" shall have the meanings respectively ass1gned to them in the Kerala State and Subordinate Services Rules, 1958. ‘V 12. Determination of contributm.—(1) The Fisheries Officer or any officer of the Board not below the rank of a Sub Inspector of Fisheries authorised by the Board in this behalf may, after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4 an opportunity to be heard, by order, determine the amount due from such person under that section.
26. (2) The oflicer conducting the inquiry under subsection (1) shall, for the purposes of such inquiry, have the same powers as are vested in a civil court, while trying a suit, under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
    • (a) enforcing the attendance of any person or examining him on oath;
    • (b) requiring the discovery and production of documents;
    • (c) receiving evidence on affidavit;
    • (d) issuing commissions for the examination of witnesses. -
27. (3) Any inquiry under this section shall be deemed to be 3. Judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
28. (4) Any person aggrieved by ‘ . . an order under sub-section (1) may prefer an appeal to the Director of Fisheries within sixty days from the date of receipt of the order and the Director of Fisheries may, after making such inquiry, pass such orders thereon as he thinks fit.
29. (5) The Government may, either suo-motu or on application of the aggrieved person, call for the record of any proceeding taken by the Director of Fisheries under sub-section (4) and make such enquiry and pass such orders, as they deem fit: Provided that an application for revision under this sub-section shall be made within thirty days from the date on which the order was communicated to the applicant: Provided further that no order shall be passed under this Imb'section without giving the person who may be affected thereby, an opportunity to be heard. 13. Provisional assessment and collection of advance contribution—(1) Every person liable to pay 'contribution under section 4 shall, pending determination under section 12 of the amount due from him, pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount payable annually by him according to the latest determination under the said section: Provided that the provisions of this sub-section shall not apply to the payment of contribution by a fisherman or a dealer or the owner of a prawn filtration area or a fish farm for the period of three years from the commencement of this Act under the proviso to subsection (1) or sub-section (2) or sub-section (5) of section 4, as the case may be.
30. (2) The advance contribution for a month shall become payable on or before the 5th day of the succeeding month.
31. (3) Where the advance contribution is not paid on or before the due date, the Fisheries Officer or any officer of the Board authorised by it in this behalf, shall issue a notice to the defaulter showing the amount of arrears, and if the amount is not paid within fifteen days of the receipt of such notice, it may be recovered in the same manner as arrears of public revenue due on land under the Revenue Recovery Act for the time being in force.
32. (4) The amount paid under this section for an year shall be adjusted against the amount determined under section 12 for that ' year. 14. Exemption—Government may, by notification in the Gazette, exempt any dealer, whose annual turnover from fish does not exceed‘Rs: 24,000 per annum. from all or any oflthe pvovisionsof this Act; subject to such‘ condition as may be! specifiedxin the notification. 15. Power to.obtam-cop1‘es~ of records etc, maintameiby a fishermen’s- Wélfa're Society—(1) Any officer of. the B'oard‘. not below the rank of. a. FiaherieeDevelopment Officer; auihonised by it in that behalf shall have power to peruse the books or registers or other records maintainedfby- a Fisherman’s Weifanei society. constituted under the Ker-ala Fishermen Welfare Societies-.Aci;.1980 (7 of 1981) or to requisition the supplymfzawpy of anyrsuchxbnnk or register or other record or of any entry therein as may be specified in such requisition.
33. (2) The Fisheries Officer shall provide all‘fac'ilitles for the perusal of any book or register or. other records by an officer. under sub-section (1) and shall cornply with any requisition made under that subsection. 16. Media of recovery of‘ money due under th‘e Act.——Any ‘7 amount due from any person under the provisioned! this A'ct. or the scheme may be recovered’in the same manner as*an~arr.ear of public revenue due on land under the Revenue Recovery Act‘ for the Lime Being in‘force. 17. Protection against attoclnmt:——(1) The‘ammmtt standing to the crediit‘ofl any‘membcr inr ther‘fuml shall'not' in any. way. be capable of being assignednor charged" andzshalll nnt‘. hasliabie to attachment under any decree or order of any court imrespsct of‘any debt or liability incurred by the. member and no receiver appointed under the Insolvency Act, 1955 (2 of 1956), shall be' entitled to, or have any claim on, any such amount. (2)‘ Any amount standing to. the; credit of a: mamlier in the fundfat-th‘e time'of hiS‘death and‘payable to his nominee'undér the scheme shall, subject to any. deduction authonsediby' the' scheme, vest in the nominee and shall be free from any debt orrmlien‘liabih‘ty incurred-by the deceasediorthe nominee before the deathzof the member. 18. Priority of payment of contributions over other debt.Where any. person‘liablo to. pay» contribution under section 4 is adjudicatedineolvent orwin me where such personiis-arcompany, an order for winding up is made, the amount due from such person under the scheme shall, where the liability therefor has accrued before the-order of adjudication unwinding up is‘marle; be deemed .to he'included amongthe- debts which‘ under sectiornifi of the Insolvency Act, 1955 (2 of 1956) or under section 530 of the Gompm1ies>Aot-,.1956: (Gentml Antlll of 1956) are to.be paid-in priority to. allroflmn dEbteinl the: dishibntioniof- the- property of: the insolvent: on the assets: ofl the company; being wound. up; as: the: case may be. 19. Penalty: (31$ Whoever for the purpose of' avmding any paymentx tmba madmbyyhimselfxmnlm this Act or under the scheme or fonmabling: any other person) toiaxvoid: such payment lmowingly makescn causes to.be.made any.£a.lseistabemention false representation sh'alI‘be‘ punishable with imprisonment for a term which. may extend to three months or with fine which may extend to one thousand-rupees; or'w-itii-lioth. (2): Whoever contrayenesoz: makes default in complying.with any of‘the provisions. of thi's.A'ct-.on tithe: scheme shall, if. no»other penalty is elsewhere. provided by or 'under this Act for such contravention Wmomcomplizmoe; be punishable with imprisonment for-a‘ term which may extend tO‘ three months or with fine which may'e'xtend ' to‘ one thousand rupees,. or with hoth‘.
34. (3) No court shall take cognisance of any. offence punishable under this Act except on a report in writing of the facts constituting manoflmceemadmwidnuie-meouw sanction of the Board, by the Humorrofifimmwon'hytthv Managing” Director of the Kerala $211123Cmamnzfive Fademtien fam'FisheriesI Development or- by- such officer of the Bomflmt’DbpantmantJ offFisheries not beIOW'the-rank ofiAssistanLDinecton of. Fisheries,.a.s may‘ be specified in this behalf by the Board. ‘\ 20. Oflanoas'bly Gampaniesa~fllbl If! the person committing! an offence under this.Aot.is:aJ company, every officer of‘ the company who is. in. default as well as the cornpany,- shalt be deemed! to: be guilty of the offénce and shall‘be liablettobc proceeded against and punished accordingly: ' RroWdedltliatf in) any proceeding" against an officer of the company in\ respect ofazn ofi‘énce‘ undér' this [tot it‘ appears to the court hearing the case that the offénce‘ iS' not attributable to the negligence; default; Breach of'duty;.misfeasance or breach of trust emmnittedxbyy tho' ofiicembntx that! he hasr acted honestly and reasonably and thathavinga reganiitb’all’ the circumstances of'tlie canajnduding, those connected. with. his‘ appohltment, he ought fairly, to be. excused; the. count. may: relieve him either wholly' or partly,.fromi his-.liability on such terms~as= it may think fit.
35. (2) Notwithstanding anything contained in' sub-section (it), where an offence under. this Act has been. committed. by a company and‘ it" is‘proved that' the offence- hasbeen committedwithi the consent‘ Wmmi‘vance of; or is attributable to any wilful negligence,