Chapter V MISCELLANEOUS

1. (1) The Administrator may, by notification, provide for such measures as may be necessary to ensure sustainable fishing and fishing related activities within the Union territory of Lakshadweep.
2. (2) Without prejudice to the generality of the powers conferred under sub-section (1), the Administrator may, by such notification, establish or designate such planning tools, mechanisms, committees, advisory bodies or other institutional frameworks, as may be prescribed, for the purposes of—
   • (a) regulating, monitoring or managing fishing and fishing related activities;
   • (b) conserving and protecting marine resources, habitats and ecosystems;
   • (c) ensuring adherence to scientific, seasonal, species-specific, or area-based sustainability norms;
   • (d) implementing, enforcing, or operationalising any guidelines, codes of practice, schemes or management plans formulated under this Regulation or under any other law for the time being in force.
3. (3) The constitution, powers, functions, duties and procedures of the tools, mechanisms or bodies established or designated under sub-section (2), and the norms, criteria, or standards to be followed by them, shall be such as may be prescribed.
4. (4) All measures notified under this section shall be consistent with the objectives of sustainable utilisation, scientific management, conservation of marine wealth, and long-term ecological security of the Union territory of Lakshadweep.
5. (5) The Administrator may, by notification, issue a policy for leasing of land, lagoon and sea areas within the territorial waters for the promotion of culture fisheries, including mariculture.

1. (1) Nothing contained in this Regulation shall apply to survey vessels belonging to the Central Government, State Government, Public Undertaking or the Administration. Explanation.––For the purposes of this sub-section, the expression “Public Undertaking” means any company or corporation owned or controlled by the Central Government including a Union territory Administration or by a State Government.
2. (2) If the Administrator is of the opinion that, it would not be in the public interest to apply all or any of the provisions of this Regulation to any class or classes of fishing vessels or any specified area or areas, he may, by notification, exempt the application of all or any of the provisions of this Regulation, subject to such conditions as he may deem fit to impose:

Protection of action taken in good faith

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

All amounts, penalties and other sums required to be paid under this Regulation or any order, notification or rules issued or made thereunder, may be recovered by the Administration by distress and sale of any property of the person from whom the same are due, or as an arrear of land revenue.

1. (1) The Administrator may, by notification, make rules, not inconsistent with the provisions of this Regulation for carrying out the purposes of this Regulation.
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) any other matters under clause (d) of sub-section (2) of section 5;
   • (b) the form, particulars and fee for application for the grant of licence under sub-section (9) of section 6;
   • (c) the form, manner and time for communicating the refusal to grant licence under the proviso to sub-section (10) of section 6;
   • (d) any other matter under clause (f) of sub-section (12) of section 6;
   • (e) any other matter under clause (g) of sub-section (13) of section 6;
   • (f) the form, manner, time and conditions for grant of licence under sub-section (14) of section 6;
   • (g) the different fee and different amount of security for different classes of fishing vessels and offshore platforms under the proviso to sub-section (14) of section 6;
   • (h) the intervals of period for extension of the period of licence under sub-section (15) of section 6;
     • (i) the form, particulars and fee for extension of the licence period under sub-section (16) of section 6;
   • (j) the form and manner of information to be furnished by the owner of fishing vessel to the authorised officer and port authority under section 8;
   • (k) the form, manner and intervals of voyage report to be furnished by the owner of the licensed fishing vessel to the authorised officer under section 9;
   • (l) the form and manner of preferring an appeal to the adjudicating officer under sub-section (1) of section 11;
   • (m) the time for submission of report by the authorised officer to the adjudicating officer under sub-section (1) of section 12;
   • (n) the place and manner of detention of seized fishing vessel by the authorised officer under sub-section (2) of section 12;
   • (o) the manner of disposal of fish and deposition of the proceeds thereunder under sub-section (4) of section 12;
   • (p) the form and manner of report to be prepared by the authorised officer for submission to the adjudicating officer for contravention of provisions of this Regulation under sub-section (1) of section 13;
   • (q) the manner of holding inquiry by the adjudicating officer under sub-section (4) of section 13;
   • (r) the conditions for release of seized fishing vessels by adjudicating officer under sub-section (5) of section 13; the manner of disposal of the fishing vessel by the Administration under the second proviso to sub-section (5) of section 13;
   • (t) the manner of seizure by adjudicating officer for contravention of section 15 under the first proviso to sub-section (7) of section 13;
   • (u) the different levels of monitoring, control and surveillance measures for different classes of fishing vessels and different specified areas under the proviso to sub-section (1) of section 14;
     • (v) the manner of exemption of the class or classes of fishing vessels from keeping and maintaining onboard communication and positioning systems or devices under the proviso to sub-section (3) of section 14;
   • (w) the manner of release of the fishing vessel by the adjudicating officer under the first proviso to sub-section (1) of section 15;
     • (x) the manner of disposing of fishing vessel by the Administration under the second proviso to sub-section (1) of section 15;
   • (y) the procedure for destruction of fishing gear seized by the adjudicating officer under sub-section (3) of section 15;
   • (z) any other matter which is to be, or may be provided for by rules under this Regulation.

Every rule made under this Regulation shall be laid, as soon as may be after it is made, before each House of Parliament, 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, 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. (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Regulation, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Regulation.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The Lakshadweep Marine Fishing Regulation, 2000 is hereby repealed.
2. (2) Notwithstanding such repeal, this Regulation shall not,––
   • (a) revive anything not in force or existing at the time at which the repeal takes effect;
   • (b) affect the previous operation of the Regulation or anything duly done or suffered thereunder;
   • (c) affect any notification, order, appointment, certificate, notice, receipt, application made, or licence granted, which is not inconsistent with the provisions of this Regulation; and the same shall be deemed to have been done or taken under the corresponding provisions of this Regulation;
   • (d) affect any penalty, forfeiture or punishment incurred in respect of any contravention committed against the Regulation; or
   • (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been promulgated.
3. (3) The mention of particular matters referred to in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeal.