Bare Act
Chapter IV Chapter IV
Chapter IV Chapter IV
23. Miscellaneous.
Exemptions. –
- (1) Nothing contained in this Act shall apply to survey vessels belonging to the Central Government or any State Government or any public undertaking. Explanation. – For the purpose of this sub-section “public undertaking” means any company or corporation owned or controlled by the Central or State Government.
- (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, exempt, subject to such conditions as it may think fit to impose, such class 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.
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24. Protection of action taken in good faith.
- (1) No suit, prosecution or other legal proceeding shall lie against the Government or any office or authority for anything which is in good fait done or intended to be done in pursuance of this Act or any notification issued or order or rule made thereunder.
- (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 notification issued or order or rule made thereunder.
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25. Act to override other laws, contract, etc.
The provisions of this Act shall have effect notwithstanding anything
inconsistent herewith contained in any other law for the time being in force or
any custom usage or contract or order of any authority.
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26. Power to make rules.
- (1) The Government may make rules for carrying out the provisions 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 issuing a notification under sub-section (1) of section 5;
- (b) the forms of the application for licence under sub-section (1) of section 7, 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 section 7, the fees payable for the licence 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 7, or cancelling, suspending, varying or amending such licence or in registering a fishing vessel under section 10 or cancelling or suspending the certificate or registration;
- (e) the form of the application for registration of a fishing vessel under section 10, the particulars which such application shall contain, the fees which shall accompany the application, the form of the certificate of registration, 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 manner in which the information referred to in section 11 shall be given;
- (g) the returns to be furnished to the authorised officer under sub-section
- (1) of section 12 and the time and the manner in which such returns shall be furnished;
- (h) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (1) of section 16 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the adjudicating officer under sub-section (2) of that section;
- (i) the procedure of the enquiry by the adjudicating officer under sub- section (2) of section 17;
- (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
- (h) the place and the manner in which an impounded fishing vessel shall be kept under sub-section (1) of section 16 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the adjudicating officer under sub-section (2) of that section;
officer or officer authority under this Act;
- (k) the condition that may be imposed in the notification under sub- section (1) of section 5;
- (l) any other matter which is to be, or may be, provided for by rules under this Act.
- (3) Every rule made under this Act or notification issued under section 5, shall
as soon as possible after it is made or issued, be placed on the table of both
Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both houses agree in making any notification in any such rules or notification or both houses agree that the rule or notification shall thereafter have effect only in such modified form or be or 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 or
notification.
Chapter IV Chapter IV
27. Repeal and saving.
- (1) The Tamil Nadu Marine Fishing Regulation Ordinance, 1983 (Tamil Nadu Ordinance 2 of 1983), is hereby repealed
- (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance including any notification, rules or orders issued, returns furnished and statements filed shall be deemed to be done taken issued furnished or filed under this Act.
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