Chapter IV REGISTRATION AND GRANT OF LICENCE

(1) No person shall use or cause to use or permit any fishing vessel or free net or fixed gear for the purpose of fishing activities unless he has a certificate of registration obtained in accordance with the provisions of this Act and the Rules made thereunder. (2) No person shall engage in aquaculture or filtration in inland water bodies except with a certificate of registration obtained in accordance with the provisions of this Act and the Rules made thereunder.

(1) Subject to the provisions of this Act and the Rules made thereunder, any owner of a fishing vessel or fixed gear or free net and any person intending to engage in aquaculture, conduct of hatchery or filtration shall submit an application for registration to the authorised officer of the place under whose jurisdiction the fishing vessel or free net or fixed gear is to be used or aquaculture, conduct of hatchery or filtration is to be undertaken. (2) Every application for registration shall be in such form, contain such particulars and accompanied by such fees as may be prescribed. (3) Every application for registration of a fishing vessel or fixed gear or free net shall be submitted to the authorised officer before the expiry of three months from the date on which he becomes the owner or before the expiry of six months from the commencement of this Act, whichever is later: (3) Provided that the authorised officer may for sufficient reasons to be recorded in, writing and on realising such additional fees, as may be prescribed for this purpose, extend the time limit for registration as he deems fit for a period not exceeding three months. (4) The authorised officer may, after making such enquiry as he deems fit, either grant or refuse to grant the registration. (5) The authorised officer may refuse the grant of registration if he is satisfied, that, (a) such registration shall be inconsistent with any law in force; or (b) fishing vessel or fixed gear or free net or aquaculture or filtration is defective or do not have the standard or quality as prescribed by Rules made under this Act; or (c) such registration shall adversely affect the public interest; or (d) the applicant has not furnished the particulars prescribed for such registration: Provided that the reasons for such refusal shall be recorded by the authorised officer. (6) A registration granted under this section shall be in such form as may be prescribed and subject to such provisions and conditions and the particulars thereof shall be entered in a register in such prescribed form, to be kept by the authorised officer. (7) The authorised officer shall assign a symbol as may be prescribed as an identification symbol of registration which shall be displayed at a conspicuous place of the fishing vessel or fixed gear or free net or in the place of aquaculture or filtration, as the case may be. (8) The registration once granted under this Act or the Rules made thereunder shall continue to be in force until it is suspended or cancelled by the authorised officer.

(1) Every person having a registration certificate except fishermen shall furnish to the authorised officer such returns as may be prescribed in such time and in such manner as may be prescribed. (2) The authorised officer may inspect any fishing vessel or fixed gear or free net or aquaculture or filtration or any book of account or records connected therewith at any time to verify the accuracy of any return filed under sub-section (1).

(1) In the case, where the ownership of any fishing vessel or fixed gear or free net or aquaculture area or filtration area in the manner prescribed, is transferred, the transferor shall, within sue time as may be prescribed, report such transfer to the authorised officer within whose jurisdiction the transfer is made and shall simultaneously send a copy of the said report to the transferee also. (2) The transferee shall, within such time as may be prescribed, report the transfer to the authorised officer and shall along with such report forward the certificate of registration to that authorised officer together with such fees as may be prescribed and after its receipt, the authorised officer shall enter the particulars of such transfer of ownership in the certificate of registration and in the register kept in his office.

The authorised officer may, if he has sufficient reason to believe that the registration has been used in contravention of any of the provisions of this Act or of the Rules made thereunder, he may by order, suspend the registration for such period as he may think fit or cancel the registration: Provided that no such order suspending or cancelling the registration shall be issued without giving the person affected an opportunity of being heard.

(1) Any person aggrieved by the order of an authorised officer refusing or suspending or cancelling registration may, within thirty days from the date of receipt of the said order prefer an appeal to the Appellate Authority. (2) On receipt of an appeal under sub-section (1) the Appellate Authority shall, after conducting such enquiry as he deems fit and after giving the appellant and the authorised officer concerned an opportunity of being heard and pass such orders thereon as he deems fit.

(1) No licence shall be granted by the authorised officer or the Local Self Government Institution for fishing or fisheries activities to any person or a non-fisherman unless he holds a certificate of registration under this Act: Provided that, licence in respect of fishing vessel, stake net, Chinese dip net, free net shall not be granted to any person who is not a fisherman. (2) Every application for a licence shall be in such form as may be prescribed and shall contain such particulars and also be accompanied by such fees. (3) The manner in which, the period for which and the terms and conditions subject to which, any licence may be granted shall be such as may be prescribed. (4) The licensee shall not conduct fishing or fishery activities in any area other than the area specified in the licence. (5) No licence granted under this Act shall be transferable. (6) The Government or any officer authorised by the Government in this behalf may, exempt any person or institution recognized by Government from taking licence under this Act either in the interest of scientific research or for any other reason.

(1) Every licence granted under this Act may be renewed subject to the Rules made under this Act, and subject to such conditions, on payment of such fees as may be prescribed. (2) Any licence not renewed within one month after the date of its expiry, may be renewed only on the payment of the additional fees as may be prescribed.

Any person having licence under this Act shall be bound to produce such licence at any time for inspection on being required to do so by any authorised officer: Provided that if the licence is granted by a Local Self Government Institution, the authority, to require to produce the licence and to inspect the same shall be vested only with that Local Self Government Institution or an officer authorised by it in this behalf.

Subject to the Rules made by the Government in this behalf, the authorized officer may, (a) if the licensee has used the licence in contravention of any of the provisions of this Act or the Rules made thereunder or any of the terms or conditions of licence; or (b) if the licensee has been convicted of an offence under the provisions of this Act or the Rules made thereunder; or (c) if a licence has been obtained by the licensee by misrepresentation or by the suppression of facts, cancel or suspend any such licence: Provided that if the licence is granted by a Local Self Government Institution, the authority to cancel or suspend such licence shall be vested only with that Local Self Government Institution or an officer authorised by it in this behalf: Provided further that no order, cancelling or suspending a licence shall be i passed without giving the licensee an opportunity of being heard.

Except to the extent provided in sub-section (2) of section 46, any licence granted by any person, agency or society before the commencement of this Act for fishing activities or for fishery related activities shall cease to exist on the commencement of this Act.

If a licensee under this Act has been convicted of an offence thereunder, the convicting court shall send a copy of its judgment together with the licence, if it is before the court, to the authorized officer empowered to cancel the licence under this Act, for taking such action as he may deem fit.

The Government may, by notification in the Gazette, limit or restrict or prohibit either temporarily or permanently the number and size of fishing vessels, fixed gear, free net and any other devices in use in any public water body.

The Government may, by notification in the Gazette, restrict, prohibit or regulate the entrance of any local or other extraordinary species of fishes having life or fish seeds which is suspected as likely to cause any damage to the existing fishery wealth or to cause any epidemic disease to the existing species of fishes or harmful to the environment.

(1) Any person aggrieved by an order of the authorised officer refusing or suspending or cancelling a licence may, within thirty days from the date on which the order is received by him, prefer an appeal to the appellate authority: Provided that if such an order is passed by any one of the Local Self Government Institution, such appeal, shall be filed before the Appellate Tribunal constituted under section 271 S of the Kerala Panchayat Raj Act, 1994. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after conducting such enquiry as he deems fit and after giving the appellant a reasonable opportunity of being heard, pass such order thereon, as he deems fit.

(I) The appellate authority shall, while conducting an enquiry, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 15 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring to find out and to produce any document; (c) requisitioning any public record from any court or office; (d) receiving evidence on affidavits; (e) appointing commission for the examination of witnesses or documents. (2) The appellate authority shall, while exercising any of the powers under this Act, be deemed to be a Civil Court for the purpose of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

The Government, may either suo motu or on application made, as the case may be, by any person aggrieved by that order, within thirty days from date of receipt of the order of the Appellate Authority, call for the records of the order passed in appeal and pass such orders thereon as they may deem fit: Provided that any order under this section shall be passed only after giving the person affected a reasonable opportunity of being heard in the matter.