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THE ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, 2003
Andaman & Nicobar Islands Marine Fishing Rules, 2004
Sections
An ACT
Section 1
CHAPTER I
CHAPTER I - PRELIMINARY
Section 2Section 1. Short title, extent and commencement
Section 1Section 1(a)
Section 1Section 1(b)
Section 1Section 1(c)
Section 1Section 2. Definitions
Section 2Section 2(a)
Section 2Section 2(b)
Section 2Section 2(c)
Section 2Section 2(d)
Section 2Section 2(e)
Section 2Section 2(f)
Section 2Section 2(g)
Section 2
CHAPTER II
CHAPTER II - REGISTRATION OF FISHING VESSEL
Section 15Section 3. Registration of fishing vessel
Section 3Section 3(a)
Section 3Section 3(b)
Section 3Section 3(c)
Section 3Section 3(d)
Section 3Section 3(e)
Section 3Section 3(f)
Section 3Proviso to Section 3(f)
Section 3Section 3(g)
Section 3Proviso to Section 3(g)
Section 3Section 3(h)
Section 3Proviso to Section 3(h)
Section 3Section 3(i)
Section 3Section 3(j)
Section 3Section 3(k)
Section 3Section 3(l)
Section 3Section 3(m)
Section 3Section 3(n)
Section 3Section 3(o)
Section 3Section 3(p)
Section 3Section 3(q)
Section 3Proviso to Section 3(q)
Section 3
CHAPTER III
CHAPTER III - LICENSING OF FISHING VESSEL
Section 38Section 4. Licensing of fishing vessel
Section 4Section 4(a)
Section 4Section 4(b)
Section 4Section 4(c)
Section 4Section 4(d)
Section 4Section 4(e)
Section 4Section 4(f)
Section 4Section 4(g)
Section 4Section 4(h)
Section 4Proviso to Section 4(h)
Section 4Section 4(i)
Section 4Proviso to Section 4(i)
Section 4Section 4(j)
Section 4Section 4(k)
Section 4Section 4(l)
Section 4Section 4(m)
Section 4Section 4(n)
Section 4Section 4(o)
Section 4Section 4(p)
Section 4
CHAPTER IV
CHAPTER IV - SPECIFIED AREAS FOR FISHING BY DIFFERENT CLASSES OF FISHING VESSELS
Section 58Section 5. Specified areas for fishing by different classes of fishing vessels
Section 5Section 5(a)
Section 5Section 5(b)
Section 5Section 5(c)
Section 5Proviso to Section 5(c)
Section 5
CHAPTER V
CHAPTER V - AUTHORISED OFFICER
Section 64Section 6. Authorized Officer
Section 6Section 6(a)
Section 6Section 6(b)
Section 6Section 6(c)
Section 6Section 6(d)
Section 6Section 6(e)
Section 6Section 6(f)
Section 6Section 6(g)
Section 6Section 6(h)
Section 6Section 6(i)
Section 6Section 6(j)
Section 6Section 6(k)
Section 6Section 6(l)
Section 6Section 6(m)
Section 6Section 6(n)
Section 6Section 6(o)
Section 6Section 6(q)
Section 6Section 6(r)
Section 6Section 6(s)
Section 6Proviso to Section 6(s)
Section 6Section 6(t)
Section 6Section 6(u)
Section 6Proviso to Section 6(u)
Section 6Proviso 2 to Section 6(u)
Section 6Section 6(v)
Section 6Section 6(w)
Section 6
CHAPTER VI
CHAPTER VI - ADJUDICATING OFFICER
Section 91Section 7. Adjudicating Officer
Section 7Section 7(a)
Section 7Section 7(b)
Section 7Section 7(c)
Section 7Section 7(d)
Section 7Section 7(e)
Section 7Proviso to Section 7(e)
Section 7Section 7(f)
Section 7Section 7(g)
Section 7Section 7(h)
Section 7Section 7(i)
Section 7Section 7(j)
Section 7
CHAPTER VII
CHAPTER VII - APPELLATE AUTHORITY
Section 104Section 8. Appellate Authority
Section 8Section 8(a)
Section 8Section 8(b)
Section 8Section 8(c)
Section 8Section 8(d)
Section 8
CHAPTER VIII
CHAPTER VIII - MISCELLANEOUS
Section 110Section 9. Appointment of Agent
Section 9Section 9(a)
Section 9Section 9(b)
Section 9Section 9(c)
Section 9Section 10. Copy of order
Section 10Section 11. Service of instruction or direction or order
Section 11Section 11(a)
Section 11Proviso to Section 11(a)
Section 11Section 11(b)
Section 11Section 11(c)
Section 11Section 11(d)
Section 11Proviso to Section 11(d)
Section 11Section 12. Submission of appeal application
Section 12Section 12(a)
Section 12Section 12(b)
Section 12Proviso to Section 12(b)
Section 12Section 12(c)
Section 12Proviso to Section 12(c)
Section 12Section 12(d)
Section 12Proviso to Section 12(d)
Section 12Proviso 2 to Section 12(d)
Section 12Proviso 3 to Section 12(d)
Section 12Section 13. Enquiry by the Adjudicating Officer under section 17
Section 13Section 13(a)
Section 13Section 13(b)
Section 13Proviso to Section 13(b)
Section 13Section 13(c)
Section 13Section 13(d)
Section 13Section 13(e)
Section 13Section 13(f)
Section 13Section 13(g)
Section 13Section 13(h)
Section 13Section 13(i)
Section 13Section 13(j)
Section 13Section 14. Hearing of appeal application
Section 14Section 14(a)
Section 14Proviso to Section 14(a)
Section 14Section 14(b)
Section 14Section 14(c)
Section 14Section 14(d)
Section 14Section 14(e)
Section 14Section 14(f)
Section 14Section 15. Leasing of Sea Area for fish culture or installation of fish aggregating devices
Section 15Section 15(a)
Section 15Section 15(b)
Section 15Section 15(c)
Section 15Section 15(d)
Section 15Section 15(e)
Section 15Section 15(f)
Section 15Section 16. Transportation of Fish or fish product from the islands
Section 16Section 16(a)
Section 16Section 16(b)
Section 16Section 16(c)
Section 16Section 16(d)
Section 16Proviso to Section 16(d)
Section 16Section 16(e)
Section 16Proviso to Section 16(e)
Section 16Section 17. Closed season for fishing
Section 17Section 17(a)
Section 17Proviso to Section 17(a)
Section 17Section 18. Prohibition in use of fishing gear
Section 18Section 18(a)
Section 18Section 19. Prohibition in catching of certain species of fish
Section 19Section 19(a)
Section 19Proviso to Section 19(a)
Section 19Section 19(a)(iii)
Section 19Section 20. Prohibition in fishing in a specified area
Section 20Section 20(a)
Section 20Schedule - List of Standard Forms and Prices Thereof
Section 179Schedule - Fees Payable for Registration, Transfer of Ownership, Change of Principal Fishing Base and Replacement of Engine
Section 180Schedule - Fees Payable for Fishing Licence, Renewal of Fishing Licence and Penalty for Delay in Renewal of Fishing Licence
Section 181Schedule - List of Officers Empowered to Act as Adjudicating Officer, Authorised Officer and Fishery Officer
Section 182Schedule - Identified Sea Areas for Leasing for Fish Culture or Installation of Fish Aggregating Devices
Section 183
andaman-and-nicobar-islands-marine-fishing-regulation-2003.json
•
183 Sections
•
Andaman and Nicobar Islands
{
"id": 2639,
"slug": "andaman-and-nicobar-islands-marine-fishing-regulation-2003",
"title": "THE ANDAMAN AND NICOBAR ISLANDS MARINE FISHING REGULATION, 2003",
"short_title": "Andaman & Nicobar Islands Marine Fishing Rules, 2004",
"act_number": "1",
"act_year": 2003,
"act_type": "STATE",
"location": "Andaman and Nicobar Islands",
"law_status": "valid",
"enactment_date": "2004-06-01",
"description": "Andaman & Nicobar Islands Marine Fishing Rules, 2004",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "NOTIFICATION\nPort Blair, dated the 1st June 2004 No. 103/2004/F.No. 5-1(276)/2002-Dev-I. In exercise of the powers conferred by Section 24 of the Andaman and Nicobar Islands Marine Fishing Regulation, 2003 (No. 1 of 2003) the Lt. Governor, Andaman and Nicobar Islands (Administrator) hereby makes the following rules for carrying out the purposes of the said Regulation:",
"footnote": "",
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{
"number": "2",
"title": "CHAPTER I - PRELIMINARY",
"chapter": "CHAPTER I",
"content": "CHAPTER-I\nPreliminary",
"footnote": "",
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"sort_order": 10
},
{
"number": "1",
"title": "Section 1. Short title, extent and commencement",
"chapter": null,
"content": "1. Short title, extent and commencement:",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(a)",
"chapter": null,
"content": "(a) These rules may be called the Andaman & Nicobar Islands Marine Fishing Rules, 2004.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "Section 1(b)",
"chapter": null,
"content": "(b) It extends to the whole of territorial waters of Union Territory of Andaman & Nicboar Islands.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "1",
"title": "Section 1(c)",
"chapter": null,
"content": "(c) It shall come into force with effect from the date of its publication in official Gazette of Andaman & Nicobar Administration.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2. Definitions",
"chapter": null,
"content": "2. Definitions:\nIn these rules, unless the context otherwise requires:",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(a)",
"chapter": null,
"content": "(a) \"Adjudicating Officer\" means the Director of Fisheries, Andaman and Nicobar Islands.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(b)",
"chapter": null,
"content": "(b) \"Authorized Officer\" means an Officer not below the rank of an Assistant Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(c)",
"chapter": null,
"content": "(c) \"Chapter",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(d)",
"chapter": null,
"content": "(d) \"Director of Fisheries\" means Director of Fisheries, Andaman and Nicobar Islands.",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(e)",
"chapter": null,
"content": "(e) \"Fishery Officer\" means an Officer not below the rank of Assistant Fisheries Guard but not above the rank of Assistant Fisheries Development Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(f)",
"chapter": null,
"content": "(f) \"Principal Fishing Base\" means a fishing harbour, or a fish landing centre or a fish landing jetty, wherefrom a fishing vessel normally or mostly operates for marine fishing and the place in relation to which registration and or fishing licence is granted to a fishing vessel.",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(g)",
"chapter": null,
"content": "(g) \"Public purpose\" means any purpose having connection with or being connected to:\n(i) improvement, development and management of marine fishing or marine fishery, or\n(ii) supply of fish or fishery products to consumers through marine fishing or from marine fishery, or\n(iii) management and control of fishing harbour, fish landing centre and fish landing Jetty.\n(iv) \"Port Limits\" means Port limits defined under the Indian Ports Act, 1908 (15 of 1908) and rules framed thereunder.\n(v) \"Regulation\" means the A&N Marine Fishing Regulation, 2003 (Regulation 1 of 2003).\n(vi) \"Rules\" means Andaman and Nicobar Islands Marine Fishing Rules, 2004 (Rule 1 of 2004).\n(vii) \"Territorial Water\" means territorial waters regulated as per the rules framed under \"The Territorial Water, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act-1976\" of Govt of India.\n(viii) \"Islands\" means the Andaman and Nicobar Islands.\nAny expression used but not defined in these rules shall have the same meaning as in the Regulation.",
"footnote": "15 of 1908; 1 of 2003; 1 of 2004",
"is_definition": false,
"sort_order": 130
},
{
"number": "15",
"title": "CHAPTER II - REGISTRATION OF FISHING VESSEL",
"chapter": "CHAPTER II",
"content": "CHAPTER-II\nRegistration of Fishing Vessel",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "3",
"title": "Section 3. Registration of fishing vessel",
"chapter": null,
"content": "3. Registration of fishing vessel:",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "3",
"title": "Section 3(a)",
"chapter": null,
"content": "(a) Owner of every fishing vessel kept in the Union Territory and/or used or intended to be used for the purpose of fishing in a specified area, specified under sub -rule (a) of Rule 5 of these rules shall get the vessel registered under section 9 unless the vessel is already registered as a fishing vessel under any other law for the time being in force:",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "3",
"title": "Section 3(b)",
"chapter": null,
"content": "(b) Registration of a fishing vessel once made under these rules shall continue to remain in force for ten years provided that:\n(i) the owner fulfill the requirements of section 5 of the Regulation;\n(ii) the ownership of the vessel remains unchanged;\n(iii) Principal Fishing Base for the vessel is not changed;\n(iv) engine of the vessel is not replaced;\n(v) basic character of the fishing vessel is not altered by effecting material changes in shape or design of the vessel; and.\n(vi) the registration is not cancelled by the Authorized Officer for sufficient reasons.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "3",
"title": "Section 3(c)",
"chapter": null,
"content": "(c) For the purpose of (i) registration, (ii) transfer of ownership, (iii) change of Principal Fishing Base and (iv) replacement of engine, an officer of the Fisheries Department, not below the rank of Assistant Director of Fisheries, will act as Authorized Officer in respect of fishing vessels with Principal Fishing Base within his jurisdiction, as listed in schedule IV, annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "3",
"title": "Section 3(d)",
"chapter": null,
"content": "(d) Owner of a fishing vessel shall apply to the Authorized Officer for (i) registration of fishing vessel, (ii) transfer of ownership, (iii) change of Authorized Officer and (iv) replacement of engine in prescribed form as stated in the table below:\nTable\nSI.No. | Purpose of Application | Prescribed Form No.\n(i) Registration of | (a) Mechanised or motorized fishing vessel | MFR-1 | (b) Non Mechanised fishing vessel | MFR-2\n(ii) Transfer of ownership of | (a) Mechanised or motorized fishing vessel | MFR-4 | (b) Non-Mechanised fishing vessel | MFR-5\n(c) Change of Principal Fishing Base | MFR-6\n(d) Replacement of engine | MFR-7",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "3",
"title": "Section 3(e)",
"chapter": null,
"content": "(e) Prescribed forms referred to in sub-rule (d) of rule 3 will be available in the office of Authorized Officer on payment of requisite price as stated in schedule I annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "3",
"title": "Section 3(f)",
"chapter": null,
"content": "(f) Alongwith every application for (i) registration of fishing vessel (ii) transfer of ownership, (iii) change of Authorized Officer and (iv) replacement of engine, owner of fishing vessel shall deposit with the Authorized Officer prescribed fee as listed in schedule II annexed with these rules:",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "3",
"title": "Proviso to Section 3(f)",
"chapter": null,
"content": "Provided that if, by suitable notification, the fees are revised or modified by the government, the owner of fishing vessel shall pay such revised or modified fees.",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "3",
"title": "Section 3(g)",
"chapter": null,
"content": "(g) On receipt of an application for registration of fishing vessel, the Authorized Officer, after making such enquiry as he may deem fit and having regard to the matters referred to in section 9(3) of the Regulation shall register the fishing vessel and maintain particulars of such registration in the MFR-15. He will issue to the owner of fishing vessel a Certificate of Registration in Form No. MFR-3.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "3",
"title": "Proviso to Section 3(g)",
"chapter": null,
"content": "Provided that the Authorized Officer may, for sufficient reasons to be recorded in writing, refuse to grant registration and communicate his decision in this regard to the owner of the vessel under intimation to the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "3",
"title": "Section 3(h)",
"chapter": null,
"content": "(h) On receipt of application for (i) transfer of ownership (ii) change of Authorized Officer and (iii) replacement of engine, Authorized Officer, after making such enquiry as he may deem fit, shall accept the application for the purpose applied for and effect necessary changes in the Certificate of Registration or, otherwise, issue a fresh certificate of registration in Form No. MFR-3, in cancellation of the existing one, as the situation shall required.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "3",
"title": "Proviso to Section 3(h)",
"chapter": null,
"content": "Provided that the Authorized Officer may for sufficient reasons to be recorded in writing, refuse to accept the application and communicate his decision in this regard to the owner of the vessel under intimation to the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "3",
"title": "Section 3(i)",
"chapter": null,
"content": "(i) The Authorized Officer may, after giving the owner a reasonable opportunity of being heard, modify or amend or cancel Certificate of Registration of a fishing vessel if he is satisfied that:\n(i) Owner has misrepresented or suppressed essential fact while submitting applications under rule 3(d), or\n(ii) The vessel has been engaged or utilized in a manner not connected with fishing activity, and communicate his decision in the matter of modification or amendment or cancellation of Certificate of Registration to the owner of the vessel under intimation to the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "3",
"title": "Section 3(j)",
"chapter": null,
"content": "(j) The owner of every mechanized fishing vessel shall prominently display registration number assigned to the fishing vessel written in black on a white base, on the bow of the port side and starboard side. The Registration mark shall be written in not less than 15 centimeter height of each letter and numeral having a width of 3 centimeter, in size.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "3",
"title": "Section 3(k)",
"chapter": null,
"content": "(k) The owner of every non-mechanized fishing vessel shall prominently display registration number assigned to the fishing vessel written in black on a white base on the bow of the portside and starboard side. The Registration mark shall be written in not less than 10 centimetre height of each letter and numeral having a width of 2 centimetre in size.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "3",
"title": "Section 3(l)",
"chapter": null,
"content": "(l) All mechanized fishing vessels shall be painted in bright orange colour conforming to Bureau of Indian Standards (BIS) in the wheel house or canopy top for easy identification of the vessel by Coast Guard.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "3",
"title": "Section 3(m)",
"chapter": null,
"content": "(m) In case of Non-mechanized, motorized and country crafts the sides of the vessel shall be painted in bright yellow colour conforming to Bureau of Indian Standards (BIS) above water line for easy identification by Coast Guard.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "3",
"title": "Section 3(n)",
"chapter": null,
"content": "(n) Indian National Flag shall be flown in a most conspicuous position by all class or classes of fishing vessels. while at sea.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "3",
"title": "Section 3(o)",
"chapter": null,
"content": "(o) All class or classes of fishing vessels shall have the prescribed life saving and fire fighting appliances, while at sea, as prescribed by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "3",
"title": "Section 3(p)",
"chapter": null,
"content": "(p) All class/classes of fishing vessels shall have onboard while fishing a transistor radio or such telecommunication equipment as prescribed by the Govt. for the purpose of receiving weather forecast, oceanic hazard, other information and transmitting messages.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "3",
"title": "Section 3(q)",
"chapter": null,
"content": "(q) A registered fishing vessel is free to move anywhere within the territorial water of A&N Islands, take shelter in any fishing harbour or fish landing centre or fish landing jetty and conduct fishing activity in a specified area after obtaining a valid licence for that purpose. Use of a fishing base other than the registered Principal Fishing Base in like manner either casually or occasionally or temporarily during a fishing season will not amount to a change in the registered Principal Fishing Base. If a fishing vessel temporarily shifts to a fishing base other than the registered Principal Fishing Base during a fishing season, the owner of fishing vessel shall intimate such temporary change of fishing base to the Authorized Officer issuing certificate of registration and also to the Authorized Officer in whose jurisdiction the changed fishing base shall come. The owner of fishing vessel shall also report to the Authorized Officers, in like manner about return of fishing vessel to the registered fishing base. Such intimation about departure from and return to the registered Principal Fishing Base shall reach the concerned officers within 10 days. For casual or occasional visit to fishing base other than the registered Principal Fishing Base by a registered fishing vessel, no such intimation will be necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "3",
"title": "Proviso to Section 3(q)",
"chapter": null,
"content": "Provided that when a registered fishing vessel changes its Principal Fishing Base, as defined in section 10 the owner of fishing vessel shall be required to apply in prescribed Form No. MFR-6 to the concerned Authorized Officer as required in sub-rule (d) of Rule 3.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "38",
"title": "CHAPTER III - LICENSING OF FISHING VESSEL",
"chapter": "CHAPTER III",
"content": "CHAPTER-III\nLicensing of Fishing Vessel",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "4",
"title": "Section 4. Licensing of fishing vessel",
"chapter": null,
"content": "4. Licensing of fishing vessel:",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "4",
"title": "Section 4(a)",
"chapter": null,
"content": "(a) No fishing vessel shall undertake any kind of fishing activity without a valid fishing licence granted under section 6.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "4",
"title": "Section 4(b)",
"chapter": null,
"content": "(b) No fishing licence shall be granted to a vessel unless the vessel is registered as a fishing vessel for the purpose of the Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "4",
"title": "Section 4(c)",
"chapter": null,
"content": "(c) No fishing licence shall be granted to a mechanized fishing vessel unless it is covered by adequate insurance coverage against loss arising out of professional hazards.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "4",
"title": "Section 4(d)",
"chapter": null,
"content": "(d) The owner of a fishing vessel, irrespective of whether the said fishing vessel is mechanized or non mechanized, shall not engage or carry or allow to be engaged or allow to be carried any fisherman or crew unless the said fisherman or crew is covered by adequate insurance coverage against professional hazards.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "4",
"title": "Section 4(e)",
"chapter": null,
"content": "(e) For the purpose of grant of fishing licence and renewal of fishing licence an officer of the Fisheries Department, not below the rank of Assistant Director of Fisheries will act as Authorized Officer in respect of fishing vessels with registered Principal Fishing Base within his jurisdiction, as listed in schedule IV, annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "4",
"title": "Section 4(f)",
"chapter": null,
"content": "(f) (i) The owner of a registered fishing vessel shall apply to the Authorized Officer in prescribed Form No. MFR-8 for grant of fishing licence or renewal of fishing license valid till 31 day of the month of March following the date of issue / or renewal of fishing license.\n(ii) The owner of the registered fishing vessel also furnish in Form No. MFR-8 the particulars of crew members, fishermen or diver to be engaged on board the vessel to provide with individual identity card.\nNote: In the case of any change in crew members and or fishermen or diver, such change shall be brought to the notice of the concerned Authorized Officer immediately to enable it to issue necessary identity card for the new crew member or fisherman or diver",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "4",
"title": "Section 4(g)",
"chapter": null,
"content": "(g) Prescribed Form No. MFR-8, referred to in sub-rule (f) of Rule 4 will be available in the office of Authorized Officer on payment of requisite price as stated in schedule I annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "4",
"title": "Section 4(h)",
"chapter": null,
"content": "(h) Alongwith every application for (i) grant of fishing licence, (ii) renewal of fishing licence and issue of identity card to crew members and / or fisherman or diver, owner of fishing vessel shall deposit with the Authorized Officer prescribed fee as listed in schedule-III annexed with these rules:",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "4",
"title": "Proviso to Section 4(h)",
"chapter": null,
"content": "Provided that if, by suitable notification, the fees are revised or modified by the Government, owner of fishing vessel shall pay such revised or modified fees.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "4",
"title": "Section 4(i)",
"chapter": null,
"content": "(i) (i) The Authorized Officer, after making such enquiry as he may deem fit and having regard to the matters referred to in section 4 and sub-section (3) of section 6 shall grant fishing licence or renew fishing licence and maintain particulars thereof in the register in prescribed format as MFR-16. He will issue to the owner of fishing vessel a licence for undertaking fishing activity in Form No. MFR-9 or renew the existing licence in Form No. MFR- 9, as the case may be:\n(ii) The Authorized Officer will also issue identity card to every crew member or fisherman or diver engaged onboard the fishing vessel and maintain particulars thereof in register as per the format prescribed in MFR-17.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "4",
"title": "Proviso to Section 4(i)",
"chapter": null,
"content": "Provided that the Authorized Officer may, for sufficient reasons to be recorded in writing, refuse to grant fishing licence or renew fishing licence or issue identity card and communicate his decision in this regard to the owner of the vessel under intimation to the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "4",
"title": "Section 4(j)",
"chapter": null,
"content": "(j) The Authorized Officer may, after giving the owner a reasonable opportunity of being heard, modify, amend or cancel fishing licence if he is satisfied that-\n(i) the owner has misrepresented or suppressed essential fact while applying for grant/renewal of fishing licence, or\n(ii) the fishing vessel has been used or allowed to be used in contravention of terms and conditions for grant of fishing licence or renewal of fishing licence:\nand communicate his decision in the matter of modification, amendment or cancellation of fishing licence to the owner of the fishing vessel, under intimation to the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "4",
"title": "Section 4(k)",
"chapter": null,
"content": "(k) Unless renewed, fishing licence granted by the authorized office will remain valid till the 31st day of the month of March following the date of issue of fishing licence.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "4",
"title": "Section 4(l)",
"chapter": null,
"content": "(l) The owner of a registered fishing vessel shall apply under sub section (6) of section 6 to the Authorized Officer for renewal of fishing licence and identity card and deposit prescribed fee as detailed in Schedule - III for renewal of fishing licence before the date of expiry of fishing licence.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "4",
"title": "Section 4(m)",
"chapter": null,
"content": "(m) Application for renewal of fishing licence under sub section (6) of section 6 can be made after the date of expiry of fishing licence and identity card on payment of penalty for delay in submission of application at the rate prescribed in schedule III annexed with these rules. However renewal of fishing licence is not admissible after expiry of 6 months, which will attract cancellation of registration of fishing vessel by Authorized Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "4",
"title": "Section 4(n)",
"chapter": null,
"content": "(n) Unless application for renewal of fishing licence is submitted by the owner of a fishing vessel to the Authorized Officer within the date stipulated in sub rule (k) any fishing activity conducted by the said fishing vessel after expiration of the stipulated in sub-rule (k) shall amount to unauthorized fishing and the owner of the said fishing vessel shall be liable for prosecution under section 14 read with section 15.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "4",
"title": "Section 4(o)",
"chapter": null,
"content": "(o) Unless submitted for renewal, fishing licence must always be carried on board the fishing vessel and made available for inspection and verification by an officer authorized for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "4",
"title": "Section 4(p)",
"chapter": null,
"content": "(p) The owner of the fishing vessel, holding a valid licence shall submit to the Authorized Officer a monthly return in prescribed Form No. MFR-10 within 10 days from the last date of the month to which the report relates.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "58",
"title": "CHAPTER IV - SPECIFIED AREAS FOR FISHING BY DIFFERENT CLASSES OF FISHING VESSELS",
"chapter": "CHAPTER IV",
"content": "CHAPTER-IV\nSpecified Areas for Fishing by Different Classes of Fishing Vessels",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "5",
"title": "Section 5. Specified areas for fishing by different classes of fishing vessels",
"chapter": null,
"content": "5. Specified areas for fishing by different classes of fishing vessels:",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "5",
"title": "Section 5(a)",
"chapter": null,
"content": "(a) With a view to regulate fishing by different classes of fishing vessels and having regard to different provisions of section 4, territorial waters of Union Territory is divided in two fishing zones as shown in table below:\nTable\nSpecified Area for Fishing | Class of Fishing Vessels for Plying | Type of Gear / Mesh Size to be Used\n(i) Fishing Zone - A (Territorial waters up to 6 nautical miles from appropriate base line). | Vessels fitted with 30 HP engines including traditional and non-mechanized boats. | (i) Gill net not below 25 mm mesh (knot to knot diagonally).\n(ii) Hook & Line.\n(iii) Shore seinedrag /net of mesh size not below 25 mm.\n(iv) Fish traps.\n(ii) Fishing Zone - B (Territorial waters beyond 6 nautical miles from appropriate base line). | Vessels fitted with engines of more than 30 HP. | (i) Gill net not below 25 mm mesh.\n(ii) Trawl net of standard mesh size fitted with turtle excluder device suitable to the trawl net.\n(iii) Long line, purse seine, squid Jigger.\n(iv) Hook & Line.\nNote: (i) Distance in Nautical Miles shown in column 3 of the table denotes shortest distance from appropriate base line:\n(ii) The Government, by suitable notification, may change or modify the specified area for better management and fisheries administration and regulation of fishing, as and when necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "5",
"title": "Section 5(b)",
"chapter": null,
"content": "(b) The Authorized Officer shall issue fishing licence in Form No. MFR-9 indicating therein the specified area of fishing.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "5",
"title": "Section 5(c)",
"chapter": null,
"content": "(c) Any fishing activity conducted from or by a fishing vessel outside the specified area mentioned in the fishing licence in respect of the said fishing vessel shall amount to fishing without a fishing licence and the owner shall be liable for prosecution under section 14 read with section 15.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "5",
"title": "Proviso to Section 5(c)",
"chapter": null,
"content": "Provided, that a fishing vessel, while proceeding to or returning from a specified area in respect of which a fishing licence has been granted to the said fishing vessel, may pass through any area other than the specified area without causing any damage to fishing gears or tackles of another fishing vessel set for or engaged in fishing with a valid fishing licence for that area.\nSimilarly, if the licensed fishing area falls outside/adjacent to IV limits under IV Act and Marine National Parks / Sanctuaries under Wildlife Protection Act, 1972, innocent passage without causing any damage to movements of other vessels and marine eco-system respectively is allowed without seeking permission separately from Registering Authority under IV Act and Chief Wildlife Warden of Forests & Environment respectively. However, it will be the responsibility of the Authorized Officer to provide such list of licences granted to Registering Authority of IV Act and Chief Wildlife Warden of concerned area respectively for close monitoring and reporting to the Authorized Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "64",
"title": "CHAPTER V - AUTHORISED OFFICER",
"chapter": "CHAPTER V",
"content": "CHAPTER-V\nAuthorised Officer",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "6",
"title": "Section 6. Authorized Officer",
"chapter": null,
"content": "6. Authorized Officer:",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "6",
"title": "Section 6(a)",
"chapter": null,
"content": "(a) The Authorized Officer shall allot a number to every mechanized fishing vessel and motorized fishing vessel in course of its registration under section 9 (3) and the number so allotted shall not be allotted to another mechanized fishing vessel in course of its registration:\nNote: Mechanized/Motorized fishing vessels with Principal Fishing Base within the jurisdiction of South Andaman may be allotted numbers with pre-fix \"ANB-MV-SA /......\". Similarly, within the jurisdiction of Middle and North Andamans, it may be \"ANB-MV-MN/... and for Nicobar District \"ANB\"- MV-NB/-\nProvided that when registration of a mechanized / motorized fishing vessel is cancelled, the number allotted to the fishing vessel, whose registration stands cancelled, may be allotted to another fishing vessel.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "6",
"title": "Section 6(b)",
"chapter": null,
"content": "(b) Non-mechanized fishing vessel shall be allotted a separate registration number different from registration number of the mechanized vessels by the Authorized Officer at the time of registration of a non-mechanized fishing vessel.\nNote: Non-mechanized fishing vessel with Principal Fishing Base within the jurisdiction of South Andaman may be allotted numbers with pre-fix \"ANB-TC-SA/............. Similarly, within the jurisdiction of Middle and North Andamans it may be \"ANB-TC-MN/..\" and for Nicobar District \"ANB-TC-NB/..",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "6",
"title": "Section 6(c)",
"chapter": null,
"content": "(c) The Authorized Officer shall, besides consulting the register of fishing vessels maintained at his office, obtain from the concerned Fishery Officer a report in part III of Form No. MFR-1 and satisfy himself about the availability of the proposed number for the purpose of allotment.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "6",
"title": "Section 6(d)",
"chapter": null,
"content": "(d) The Authorized Officer shall send, within 7 days from the date of the receipt in his office, the application form to the concerned Fishery Officer for report in part III therein. Any delay in this matter shall have to be accounted for.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "6",
"title": "Section 6(e)",
"chapter": null,
"content": "(e) Every report in part III of Form No. MFR-1 shall be sent by the Fishery Officer within 7 days from the date of receipt of the application form in his office. Any delay in this matter shall have to be accounted for.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "6",
"title": "Section 6(f)",
"chapter": null,
"content": "(f) The Authorized Officer, after receiving back the application form with part III thereof duly filled in, shall take, within 7 days, appropriate action towards registration of fishing vessel or otherwise as he may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "6",
"title": "Section 6(g)",
"chapter": null,
"content": "(g) In the case of an application for transfer of ownership involving change in the registered name of a mechanized fishing vessel, the procedure laid down in sub-rule (d), sub-rule (e) and sub-rule (f) of rule 6 shall be followed mutatis mutandis.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "6",
"title": "Section 6(h)",
"chapter": null,
"content": "(h) The Authorized Officer shall maintain a register of applications received at his office for registration of fishing vessels, transfer of ownership of fishing vessels and replacement of engine of mechanized fishing vessels.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "6",
"title": "Section 6(i)",
"chapter": null,
"content": "(i) The Authorized Officer shall maintain separate registers for mechanized fishing vessels and non-mechanized fishing vessels in MFR-15.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "6",
"title": "Section 6(j)",
"chapter": null,
"content": "(j) The Authorized Officer shall maintain a register of applications received at his office for grant/renewal of fishing licence.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "6",
"title": "Section 6(k)",
"chapter": null,
"content": "(k) The Authorized Officer shall maintain registers for grant or renewal of fishing licence for mechanized fishing vessel and non-mechanized fishing vessel separately in MFR-16.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "6",
"title": "Section 6(l)",
"chapter": null,
"content": "(l) The Authorized Officer shall allot separate identity card number to every crew members or fisherman or diver engaged onboard the fishing vessel and maintain a register there on in MFR-17.\nNote: Crew members / fisherman / diver engaged onboard fishing vessel with Principal Fishing Base within the jurisdiction of South Andaman may be allotted identity card number with pre-fix \"ANF-SA-Id. No........\". Similarly, within the jurisdiction of Middle and North Andamans, it may be \"ANF-MN-Id. No.......\" and for Nicobar District \"ANF-NB-ld. No........\"",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "6",
"title": "Section 6(m)",
"chapter": null,
"content": "(m) The Authorized Officer shall inform the applicant as well as the Adjudicating Officer every order of refusal -\n(i) under the proviso to sub-rule (g) of Rule 3 in the matter of registration of fishing vessel, and\n(ii) under the proviso to sub rule (h) of Rule 3 in the matter of transfer of ownership and replacement of engine of a fishing vessel.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "6",
"title": "Section 6(n)",
"chapter": null,
"content": "(n) The Authorized Officer shall inform the applicant as well as the Adjudicating Officer every order under sub-rule (i) of Rule 3 in the matter of modification or amendment or cancellation of certificate of registration.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "6",
"title": "Section 6(o)",
"chapter": null,
"content": "(o) The Authorized Officer shall inform the applicant as well as the Adjudicating Officer every order under sub-rule (i) of Rule 4 of refusal in the matter of grant of fishing licence and identity card or renewal of fishing license and identity card.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "6",
"title": "Section 6(q)",
"chapter": null,
"content": "(q) The Authorized Officer shall inform the applicant as well as the Adjudicating Officer every order under sub-rule (j) of rule 4 of modification, amendment or cancellation of a fishing licence.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "6",
"title": "Section 6(r)",
"chapter": null,
"content": "(r) The Director of Fisheries and all Assistant Director of Fisheries, Fisheries Department of the Administration and such other officer as may be authorized by either of them for the purpose, shall have the power to enter into a fishing vessel for inspection.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "6",
"title": "Section 6(s)",
"chapter": null,
"content": "(s) All officers of Fisheries Department of the Administration not below the rank of Assistant Director of Fisheries, shall act as Authorized Officer in the matter of discharging duties under sections 14 and 15 and sub section (1) of section 16.\nIn the matter of impounding a fishing vessel with its fittings and accessories on board or seizure of fish found on board, in exercise of the powers conferred by section 15, the Authorized Officer shall prepare a seizure list as detailed in MFR-18, in triplicate, and obtain signature thereon of the owner of the fishing vessel or any crew or fisherman of the vessel available at the time of such impounding or seizure and deliver a copy of the seizure list to the person signing it.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "6",
"title": "Proviso to Section 6(s)",
"chapter": null,
"content": "Provided that when neither the owner of a fishing vessel nor any crew or fisherman of the vessel is available for signing the seizure list, or when neither the owner nor any crew or fisherman of the vessel agrees to sign the seizure list the Authorized Officer shall obtain signature of any crew or fisherman of nearby vessel or any other witness found nearby. The seizure list and such signature of witness of the seizure list shall be deemed valid and effectual evidence for the purpose of the Regulation and the rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "6",
"title": "Section 6(t)",
"chapter": null,
"content": "(t) The Authorized Officer shall report to the Adjudicating Officer within 7 working days from the date of commission of the act of every incidence of -\n(i) impounding of fishing vessel and seizure of fish under section 14 and\n(ii) disposal of seized fish under sub-section (2) of section 15.",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "6",
"title": "Section 6(u)",
"chapter": null,
"content": "(u) The Authorized Officer shall consult Adjudicating Officer before disposing off, any fish seized under section 15 and, thereafter, arrange for disposal of seized fish in the manner as directed by the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "6",
"title": "Proviso to Section 6(u)",
"chapter": null,
"content": "Provided that if, in the opinion of the Authorized Officer, such consultation will cause delay leading to deterioration of condition of fish seized and, thereby, result in diminution of its value or for any other genuine reason, the seized fish warrants immediate disposal, he may dispose off the fish by public auction and remit the sale proceeds to the government in the form of Revenue Deposit.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "6",
"title": "Proviso 2 to Section 6(u)",
"chapter": null,
"content": "Provided further that every incidence of disposal of fish by public auction without consulting the Adjudicating Officer shall be forthwith, reported by the Authorized Officer to the Adjudicating Officer attributing the reason for disposal of fish by public auction, under intimation to the Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "6",
"title": "Section 6(v)",
"chapter": null,
"content": "(v) The Authorized Officer shall submit periodic report of offences committed under any section by the owner of fishing vessels to the Adjudicating Officer in such form as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "6",
"title": "Section 6(w)",
"chapter": null,
"content": "(w) The Authorized Officer shall communicate every order issued by him under sub-rules (g), (h) and (i) of rule 3 and sub-rules (j) and (k) of rule 4 by tendering a copy thereof signed by himself to the owner of fishing vessel or his authorized agent, free of cost.",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "91",
"title": "CHAPTER VI - ADJUDICATING OFFICER",
"chapter": "CHAPTER VI",
"content": "CHAPTER-VI\nAdjudicating Officer",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "7",
"title": "Section 7. Adjudicating Officer",
"chapter": null,
"content": "7. Adjudicating Officer:",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "7",
"title": "Section 7(a)",
"chapter": null,
"content": "(a) The Director of Fisheries. Andaman and Nicobar Islands, shall act as the Adjudicating Officer in all matters pertaining to any action taken by the Authorized Officer under any provision of the Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "7",
"title": "Section 7(b)",
"chapter": null,
"content": "(b) In discharging his duties as Adjudicating Officer, the Director of Fisheries, Andaman & Nicobar Islands', who shall be assisted at the Directorate office by the Assistant Director of Fisheries, shall assign the duties and responsibilities of dealing with the matters pertaining to marine fisheries. Besides, the Adjudicating Officer may take assistance of the Assistant Director of Fisheries as and when necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "7",
"title": "Section 7(c)",
"chapter": null,
"content": "(c) The Adjudicating Officer shall have jurisdiction, in general overall matters relevant to the Regulation and, in particular, overall dispute occasioned through any order issued or any action taken by the Authorized Officer in the matter of -\n(i) Refusal in granting registration to a fishing vessel under sub-section (3) of section 9, read with sub-rule (g) of rule 3.\n(ii) Modification or amendment or cancellation of fishing vessel under sub-rule (i) of rule 3,\n(iii) Refusal in granting fishing licence or renewal of fishing licences under sub-section (3) of section 6, read with sub-rule (i) of rule 4,\n(a) Modification or amendment or cancellation of fishing licence under sub-section (1). or sub-section (2) of section 8, read with sub-rule (j)of rule 4.\n(b) Impounding of fishing vessel with accessories on board and seizure of fish found on board under section 15 read with sub-rule (q) of rule 6, and\n(c) Disposal of seized fish under sub-section (2) of section 15, read with sub-rule (s) of rule 6.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "7",
"title": "Section 7(d)",
"chapter": null,
"content": "(d) The Adjudicating Officer shall listen to, and deal with any application or complain received from or lodged by any person aggrieved by any action taken by or any order passed by the Authorized Officer under any provision of the Regulation or under any provisions of these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "7",
"title": "Section 7(e)",
"chapter": null,
"content": "(e) The Adjudicating Officer shall hold enquiry and try all disputes in Port Blair",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "7",
"title": "Proviso to Section 7(e)",
"chapter": null,
"content": "Provided that-\n(i) if, in the opinion of the Adjudicating Officer, an enquiry or trial in a place other than in Port Blair will be advantageous in the interest of justice, or\n(ii) if the Adjudicating Officer on an application of the party aggrieved by an order or action of the Authorized Officer, is satisfied that attendance of the aggrieved party, either in person or through an authorized agent, during the course of enquiry or trial at Port Blair will ease undue hardship to the aggrieved party, the Adjudicating Officer may fix up a suitable place other than in Port Blair for enquiry or trial of the point at issue.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "7",
"title": "Section 7(f)",
"chapter": null,
"content": "(f) While holding an enquiry or conducting a trial under the Regulation, the Adjudicating Officer shall enjoy and exercise all the powers vested in him under sub-section (1) and sub-section (2), of section 16.",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "7",
"title": "Section 7(g)",
"chapter": null,
"content": "(g) The Adjudicating Officer shall dispose of an application within 60 working days from the date of receipt of the said application. In case of delay for reasons beyond his control, the Adjudicating Officer shall record in writing the reasons for the delay, for consideration by the Appellate Authority, if situation so demands in future.",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "7",
"title": "Section 7(h)",
"chapter": null,
"content": "(h) The Adjudicating Officer shall issue order under section 17.",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "7",
"title": "Section 7(i)",
"chapter": null,
"content": "(i) The Adjudicating Officer shall report to the Appellate Authority every order issued by him under section 17.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "7",
"title": "Section 7(j)",
"chapter": null,
"content": "(j) The Adjudicating Officer shall communicate every order issued by him under section 17 by tendering a copy thereof, signed by himself to the owner of fishing vessel or his authorized agent, free of cost.",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "104",
"title": "CHAPTER VII - APPELLATE AUTHORITY",
"chapter": "CHAPTER VII",
"content": "CHAPTER-VII\nAppellate Authority",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "8",
"title": "Section 8. Appellate Authority",
"chapter": null,
"content": "8. Appellate Authority",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "8",
"title": "Section 8(a)",
"chapter": null,
"content": "(a) District Judge appointed by Andaman and Nicobar Administration, shall act as the Appellate Authority for the purposes of the Regulation and for the purpose of hearing any matter within the purview of the Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "8",
"title": "Section 8(b)",
"chapter": null,
"content": "(b) Secretary (Fisheries), Andaman and Nicobar Administration shall act as the Secretary to the Appellate Authority.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "8",
"title": "Section 8(c)",
"chapter": null,
"content": "(c) The Appellate Authority shall further be assisted by such other officer of the Andaman and Nicobar Administration/Department of Fisheries as the State Government may. by suitable notification, from time to time, appoint for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "8",
"title": "Section 8(d)",
"chapter": null,
"content": "(d) While holding an enquiry or trying any dispute, the Appellate Authority shall exercise the powers vested on it under sub-sections (1), (2) and (3) of section 20.",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "110",
"title": "CHAPTER VIII - MISCELLANEOUS",
"chapter": "CHAPTER VIII",
"content": "CHAPTER-VIII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "9",
"title": "Section 9. Appointment of Agent",
"chapter": null,
"content": "9. Appointment of Agent:",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "9",
"title": "Section 9(a)",
"chapter": null,
"content": "(a) The owner of a fishing vessel may appoint an agent to represent his/their interest in the matter of-\n(i) registration of fishing vessel by Authorized Officer;\n(ii) grant/renewal of fishing licence by Authorized Officer;\n(iii) appeal against any order or action of Authorized Officer of Adjudicating Officer.\nAppointment of an agent for the purpose, as aforesaid shall be made by the owner of the fishing vessels and appointment of an agent in such manner shall be deemed to be valid and effectual for the purposes of these Rules and also the Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "9",
"title": "Section 9(b)",
"chapter": null,
"content": "(b) Application for appointment of an agent, as provided for in sub-rule (a) of rule 9 shall be made in prescribed Form No. MFR-11. Only one agent can be appointed for any one of the four items appearing below sub rule (a) of rule 9.",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "9",
"title": "Section 9(c)",
"chapter": null,
"content": "(c) Any direction or instruction or order issued by or served by Authorized Officer or Adjudicating Officer or Appellate Authority, as the case may be, through such appointed agent shall be deemed to have been issued on or served upon the owner of the fishing vessel, when there is only one owner, and/or jointly and severally upon all the owners of the fishing vessel when there exist more than one owner.",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "10",
"title": "Section 10. Copy of order",
"chapter": null,
"content": "10. Copy of order\nThe Authorized Officer or the Adjudicating Officer or the Appellate Authority, as the case may be, shall make available a copy of the order issued by him to the appointed agent, when such an agent exists, or the owner of the fishing vessel, free of cost. On an application. having been made in this regard the appointed agent or in the absence of an appointed agent, the owner(s) of the fishing vessel may receive additional copy of such order on payment of Rs.25/- (twenty five) per copy.",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "11",
"title": "Section 11. Service of instruction or direction or order",
"chapter": null,
"content": "11. Service of instruction or direction or order",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "11",
"title": "Section 11(a)",
"chapter": null,
"content": "(a) Any instruction or direction or order of the Authorized Officer or the Adjudicating Officer or the Appellate Authority shall be communicated to the appointed agent if one such agent exists, or to the owner of the fishing vessel, by tendering a copy thereof duly signed by serving officer:",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "11",
"title": "Proviso to Section 11(a)",
"chapter": null,
"content": "Provided that when there exists more than one owner, such communication shall be made to all the owners of fishing vessel, individually and separately.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "11",
"title": "Section 11(b)",
"chapter": null,
"content": "(b) Such communication of direction or instruction or order shall be made in either of the two means, namely:\n(i) through personal service from the office of the serving officer after obtaining acknowledgement of receipt endorsed on the office copy of the direction or instruction or order, as the case may be, or\n(ii) through postal service with acknowledgement due.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "11",
"title": "Section 11(c)",
"chapter": null,
"content": "(c) When an acknowledgement purporting to have been signed by the appointed agent or by the owner of the fishing vessel is received back by the serving officer or the postal article containing the instrument is received back by the serving officer with an endorsement purporting to have been made by a postal employee to the effect that the addressee has refused to take delivery of the postal article the instruction or the direction or the order shall be taken to have been served on the addressee of the postal article.",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "11",
"title": "Section 11(d)",
"chapter": null,
"content": "(d) The Authorized Officer or the Adjudicating Officer or the Appellate Authority, as the case may be, may direct communication of any instruction or direction or order through both personal service and postal service.",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "11",
"title": "Proviso to Section 11(d)",
"chapter": null,
"content": "Provided that nothing in these rules shall devolve on the serving officer the responsibility of effecting such communication through both personal service and postal service.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "12",
"title": "Section 12. Submission of appeal application",
"chapter": null,
"content": "12. Submission of appeal application",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "12",
"title": "Section 12(a)",
"chapter": null,
"content": "(a) Save as otherwise expressly provided by any specific order from a competent authority or by any law for the time being in force, no appeal shall lie before -\n(i) an Adjudicating Officer excepting from an absolute order of Authorized Officer, or\n(ii) an Appellate Authority excepting from an absolute order of Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "12",
"title": "Section 12(b)",
"chapter": null,
"content": "(b) Every application for appeal shall be submitted before the competent authority by-\n(i) the owner of the fishing vessel, or\n(ii) an agent, appointed for the purpose, by owner of the fishing vessel:",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "12",
"title": "Proviso to Section 12(b)",
"chapter": null,
"content": "Provided that no appeal application shall be maintainable unless accompanied by an application in Form No. MFR-11, duly filled in by the owner of the fishing vessel.",
"footnote": "",
"is_definition": false,
"sort_order": 1250
},
{
"number": "12",
"title": "Section 12(c)",
"chapter": null,
"content": "(c) Every application for appeal shall be submitted before the appropriate authority within 30 days from the date on which the order appealed against has been communicated to the owner of the fishing vessel, either directly or through appointed agent:",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "12",
"title": "Proviso to Section 12(c)",
"chapter": null,
"content": "Provided that the authority, before which an appeal application has been presented, may entertain an appeal after expiration of the said period of 30 days if the said authority is satisfied that the appellant had bonafide grounds for not being able to prefer the appeal within the stipulated period.",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "12",
"title": "Section 12(d)",
"chapter": null,
"content": "(d) Every application for appeal shall comprise\n(i) one certified copy of the order (obtainable from Authorized Officer or Adjudicating Officer issuing the order) appealed against:\n(ii) one application stating-\n(a) ground(s) of appeal\n(b) relief prayed for and\n(c) justification and/or reasons for delay in preferring appeal.\n(iii) one application for appointment of agent in Form No. MFR-11",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "12",
"title": "Proviso to Section 12(d)",
"chapter": null,
"content": "Provided that when an application for appeal is submitted within the stipulated period of 30 days, referred to in sub-rule (C) the provisions of sub-clause (iii) of clause (b) of sub-rule (d) shall not operate.\n(iv) receipt showing deposit of penalty or fine imposed by an order appealed against, of the Adjudicating Officer issued under section 18:",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "12",
"title": "Proviso 2 to Section 12(d)",
"chapter": null,
"content": "Provided that when an application for appeal against an order of the Authorized Officer is presented before the Adjudicating Officer, the provisions of clause (s) of sub-rule (d) shall not operate.",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "12",
"title": "Proviso 3 to Section 12(d)",
"chapter": null,
"content": "Provided further that when the appellate authority, on an application having been made in this behalf, and in exercise of the power conferred by sub-section (5) of section 18, has dispensed with the deposit of penalty or fine by the owner of fishing vessel prior to preferring appeal, the provisions of clause (iv) of sub-rule (d) of rule 12 shall not operate.",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "13",
"title": "Section 13. Enquiry by the Adjudicating Officer under section 17",
"chapter": null,
"content": "13. Enquiry by the Adjudicating Officer under section 17",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "13",
"title": "Section 13(a)",
"chapter": null,
"content": "(a) On receipt of a report from Authorized Officer or from any other source about violation or contravention of any of the provisions of the Regulation by the owner of a fishing vessel or by crew and/or fishermen on board the fishing vessel. Adjudicating Officer shall examine validity of the report within the purview of the Regulation and satisfy himself about the act of violation or contravention of the Regulation, as reported.",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "13",
"title": "Section 13(b)",
"chapter": null,
"content": "(b) If, on examination, it appears that there exists, prima facie, an instance of violation or contravention of the Regulation. Adjudicating Officer shall proceed for enquiry into the matter.",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "13",
"title": "Proviso to Section 13(b)",
"chapter": null,
"content": "Provided that the Adjudicating Officer shall not proceed for enquiry into the reported matter if he is satisfied that violation or contravention of the Regulation is-\n(i) due to ignorance of the owner of the fishing vessel or the crew or the fishermen on board the fishing vessel and not willful, and\n(ii) arising out of a situation beyond control of the owner of the fishing vessel or the crew or the fishermen on board the fishing vessel.",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "13",
"title": "Section 13(c)",
"chapter": null,
"content": "(c) The Adjudicating Officer shall fix up, for the purpose of first hearing, time, date and place of hearing and issue notice incorporating such information therein, to the owner of the fishing vessel or to his/their appointed agent if one such agent exists, directing appearance before the Adjudicating Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 1360
},
{
"number": "13",
"title": "Section 13(d)",
"chapter": null,
"content": "(d) A notice under the sub rule (c) shall be served in Form No. MFR-12.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "13",
"title": "Section 13(e)",
"chapter": null,
"content": "(e) Should a situation so required the Adjudicating Officer shall fix subsequent date, time and place of hearing and declare the same in presence of the owner of the fishing vessel or the appointed agent.",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "13",
"title": "Section 13(f)",
"chapter": null,
"content": "(f) The Adjudicating Officer may adjourn or postpone hearing if he considers it necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 1390
},
{
"number": "13",
"title": "Section 13(g)",
"chapter": null,
"content": "(g) The Adjudicating Officer shall direct the Authorized Officer to appear or to depute some competent officer subordinate to him on every date of hearing, for the purpose of facilitating disposal of the issue.",
"footnote": "",
"is_definition": false,
"sort_order": 1400
},
{
"number": "13",
"title": "Section 13(h)",
"chapter": null,
"content": "(h) While holding enquiry under section 16, the Adjudicating Officer shall, apart from considering written statement in defence, give every opportunity to the owner of the fishing vessel of being heard either personally or through appointed agent.",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "13",
"title": "Section 13(i)",
"chapter": null,
"content": "(i) The Adjudicating Officer, after satisfying himself about service of notice under sub-rule (c) read with sub-rule (d) and sub-rule (j) and receipt thereof by the concerned party, may decide the issue ex-parte and pass order under section 17. on the point at issue.",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "13",
"title": "Section 13(j)",
"chapter": null,
"content": "(j) While serving a notice under sub-rule (d) or communicating an order issued under section 17, the Adjudicating Officer shall follow the procedure laid down in Rule 11.",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "14",
"title": "Section 14. Hearing of appeal application",
"chapter": null,
"content": "14. Hearing of appeal application",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "14",
"title": "Section 14(a)",
"chapter": null,
"content": "(a) An appeal application preferred in violation of procedure laid down in Rule 12 shall not lie and does not become maintainable and Adjudicating Officer or Appellate authority, as the case may be, shall reject such application and inform the appellant, accordingly, stating the ground of rejection;",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "14",
"title": "Proviso to Section 14(a)",
"chapter": null,
"content": "Provided that when the authority before which the appeal has been preferred, is satisfied that the deviation from the procedure laid down in rule 12 does not alter the merit of the appeal application or does not materially affect the spirit of the stipulations laid down in rule 12, the authority may ignore the defect and accept the appeal application after passing necessary order in this regard.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "14",
"title": "Section 14(b)",
"chapter": null,
"content": "(b) An appeal application found on scrutiny as maintainable will be heard by Adjudicating Officer or Appellate Authority, as prescribed in sub-rule (a) of Rule 12.",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "14",
"title": "Section 14(c)",
"chapter": null,
"content": "(c) The appellant will be served with a notice directing appearance during hearing of appeal application at the specified time and date and place, either personally or through an appointed agent.",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "14",
"title": "Section 14(d)",
"chapter": null,
"content": "(d) Such notice for appearance will be served on appointed agent in prescribed Form No. MFR-13 or, when served on the owner of fishing vessel, in Form No. MFR-14.",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "14",
"title": "Section 14(e)",
"chapter": null,
"content": "(e) In the matter of serving notice in either Form No. MFR-13 or Form No. 14, the procedure laid down in rule 11 shall be followed.",
"footnote": "",
"is_definition": false,
"sort_order": 1500
},
{
"number": "14",
"title": "Section 14(f)",
"chapter": null,
"content": "(f) In hearing an application for appeal or issuing an order thereon, the Adjudicating Officer or the appellate authority, as the case may be, shall, after hearing the appeal, follow the procedure laid down in the Code of Civil Procedure, 1908, 5 of 1908.",
"footnote": "5 of 1908",
"is_definition": false,
"sort_order": 1510
},
{
"number": "15",
"title": "Section 15. Leasing of Sea Area for fish culture or installation of fish aggregating devices",
"chapter": null,
"content": "15. Leasing of Sea Area for fish culture or installation of fish aggregating devices",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "15",
"title": "Section 15(a)",
"chapter": null,
"content": "(a) The Director of Fisheries, Andaman and Nicobar Islands shall be the Leasing Officer for lease of sea areas on the basis of recommendation of the committee constituted for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "15",
"title": "Section 15(b)",
"chapter": null,
"content": "(b) The Director of Fisheries shall issue an advertisement incorporating the terms and conditions of the Government for leasing of such sea areas in the leading newspapers calling applications from interested persons, firms and organization. The application shall be submitted by the interested persons, firms and organization in the forms as may be prescribed by the Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "15",
"title": "Section 15(c)",
"chapter": null,
"content": "(c) The evaluation of applications and selection of eligible persons, firms and organization for lease of sea area shall be done by a committee comprising of the following:\n(i) Secretary (Fisheries) Andaman and Nicobar Administration - Chairman\n(ii) Deputy Commissioner of the concerned District - Member\n(iii) Chief Port Administrator Andaman and Nicobar Administration - Member\n(iv) Chief Wildlife Warden Andaman and Nicobar Islands - Member\n(v) Technical Expert from any Central Govt. Organization or Ministry of Agriculture, GOI - Member\n(vi) Director of Fisheries Andaman and Nicobar Administration - Member Secretary",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "15",
"title": "Section 15(d)",
"chapter": null,
"content": "(d) The Committee shall lay down the terms and conditions for leasing of sea area and the same shall be published by the Director of Fisheries while inviting applications.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "15",
"title": "Section 15(e)",
"chapter": null,
"content": "(e) The terms and conditions of lease and conditions for implementation or monitoring of the project shall be specified by the Director of Fisheries while leasing the sea areas to the selected person, firm and organization.",
"footnote": "",
"is_definition": false,
"sort_order": 1570
},
{
"number": "15",
"title": "Section 15(f)",
"chapter": null,
"content": "(f) The detail of sea areas identified for leasing for fish culture or installation of fish aggregating devices shall be as listed in Schedule - V, annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 1580
},
{
"number": "16",
"title": "Section 16. Transportation of Fish or fish product from the islands",
"chapter": null,
"content": "16. Transportation of Fish or fish product from the islands",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "16",
"title": "Section 16(a)",
"chapter": null,
"content": "(a) Any person, trader, fish vendor or any organization engaged in transport of fish or fish products outside the jurisdiction of the islands shall register his or her name with the Authorized Officer of his respective area and shall pay royalty to the Director of Fisheries as prescribed in Schedule- VI annexed with these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 1600
},
{
"number": "16",
"title": "Section 16(b)",
"chapter": null,
"content": "(b) 100% Export Oriented Units (EOU's) possessing valid green card issued by the Madras Export Processing Zone (MEPZ) having their establishment or project base in the islands snail be exempted from payment of royalty. However, such units shall furnish the details of export consignment and obtain No Objection Certificate from the Director of Fisheries on consignment basis.",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "16",
"title": "Section 16(c)",
"chapter": null,
"content": "(c) All Deep sea fishing vessels when engaged in fishing within the territorial waters of Andaman and Nicobar Islands on the basis of fishing licence issued under these rule shall sell prescribed quantity of their catch after each voyage to the Andaman and Nicboar Fisheries Cooperative Federation Ltd. or Fish Processing Industries established in the islands at the prevailing wholesale market price in the local market, unless they are exempted by the Administrator, Andaman and Nicobar Islands.",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "16",
"title": "Section 16(d)",
"chapter": null,
"content": "(d) Any person, trader, fish vender or any organization including owner of fishing vessel shall not engage himself in exporting the juveniles or brood stock of the below mentioned crustaceans and fish from the jurisdiction of the islands.\n(i) (A) Lobster\n\"Panulirus polyphagus 300 grams as whole chilled frozen, 250 grams as whole cooked; 90 grams as tail\"\nP. homarus 200 grams as whole live, chilled or frozen; 170 grams as whole cooked; 50 grams as tail\"\n(iii) P. Ornatus 500 grams as whole live, chilled or frozen; 425 grams as whole cooked; 150 grams as tail\"\n(iv) Thenus orientalis 150 grams as whole; 45 grams as tail\".\n\"Note: \"as tail\" means without head.\n(B) Crab\n(i) Scylla serrata - 8.4 cm carapace width (CW) whole live, chilled or frozen.\n(ii) S. tranquebarica-12.3 cm(CW) whole, chilled or frozen.\n(iii) All crab with the egg mass in abdomen.\n(C) Grouper\n(i) All groupers (except Giant Grouper \"Epinephelus Lanceolatus\" banned under Wild Life (Protection) Act, 1972) less than 30 cm overall length, whole live, chilled or frozen.\n(D) Shrimp Brooders (Live)\n(i) Penaeus monodon. Penaeus merguinensis\n(E) Pearl Oyster\n(i) Pinctada margaritifera",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "16",
"title": "Proviso to Section 16(d)",
"chapter": null,
"content": "Provided that such export outside the jurisdiction of the islands by any organization of State or Central or Public Undertaking is purely for research or scientific purpose, shall obtain permission from the Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 1640
},
{
"number": "16",
"title": "Section 16(e)",
"chapter": null,
"content": "(e) Person, trader, firm or organization shall not import any species of fish (live) fresh water or marine including its juvenile or seedlings whether indigenous or exotic to the islands.",
"footnote": "",
"is_definition": false,
"sort_order": 1650
},
{
"number": "16",
"title": "Proviso to Section 16(e)",
"chapter": null,
"content": "Provided such import is allowed for research or scientific or demonstration purpose by the Director of Fisheries on production of necessary quarantine clearance issued in respect of the consignment by the competent authority.",
"footnote": "",
"is_definition": false,
"sort_order": 1660
},
{
"number": "17",
"title": "Section 17. Closed season for fishing",
"chapter": null,
"content": "17. Closed season for fishing",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "17",
"title": "Section 17(a)",
"chapter": null,
"content": "(a) The following periods shall be a closed season for fishing in the Territorial Water of Andaman and Nicobar Islands.\n(i) The period commencing from 15th day of April to 31st day of May every year (inclusive of the day of commencement and day of expiry) shall be a closed season for fishing vessels employing bottom trawling gear and for shark fishing.\n(ii) The period commencing from 1st day of May and expiring on 30th day of September (inclusive of the day of commencement and day of expiry) during every year shall be the closed season for fishing sea shells.",
"footnote": "",
"is_definition": false,
"sort_order": 1680
},
{
"number": "17",
"title": "Proviso to Section 17(a)",
"chapter": null,
"content": "Provided that any person or organization of State or Central or Public Undertaking intend to collect sea shells for purely research and scientific purpose, shall obtain necessary prior permission from the Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 1690
},
{
"number": "18",
"title": "Section 18. Prohibition in use of fishing gear",
"chapter": null,
"content": "18. Prohibition in use of fishing gear",
"footnote": "",
"is_definition": false,
"sort_order": 1700
},
{
"number": "18",
"title": "Section 18(a)",
"chapter": null,
"content": "(a) The following fishing gears specified below is prohibited to be used in the Territorial Water of Andaman and Nicobar Islands.\n(i) Barrier net or behundi net or any other bag net made of mosquito netting or cloth for the purpose of catching any kind of fish including seedlings in the coastal areas, estuary mouth and creeks.\n(ii) Fishing by using knotless gill net made of monofilament twine locally known as \"Plastic Jal\" for catching of any kind of fish including seedlings in the coastal areas, estuary mouth and creeks.\n(iii) Use of fishing net or part of fishing net having mesh size below 20 mm. for catching any kind of fish.\n(iv) Use of any such fishing gear which involves anchorage for fishing in the coral reef areas.",
"footnote": "",
"is_definition": false,
"sort_order": 1710
},
{
"number": "19",
"title": "Section 19. Prohibition in catching of certain species of fish",
"chapter": null,
"content": "19. Prohibition in catching of certain species of fish",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "19",
"title": "Section 19(a)",
"chapter": null,
"content": "(a) The following species of fish is prohibited for catching in the Territorial Water of Andaman and Nicobar Islands\n(i) Catching or collection of all animals covered under Wildlife (Protection) Act, 1972 (Act 53 of 1972) which includes fish, crustacean, shell fish, sea-cucumber (beche-de-mer), Sea grasses and Corals (dead or living).\n(ii) Catching or collection of all marine ornamental fishes. (Explanation: Marine Ornamental Fish means and include Butterfly. Scorpion, Damsel, Parrot, Angel. Doctor, Puffer, Cat Fish, Surgeon, Sea anemone, Clown fish, Turbo worm, Sponges and any other fishes as may be specified by Notification in the Official Gazette from time to time).",
"footnote": "53 of 1972",
"is_definition": false,
"sort_order": 1730
},
{
"number": "19",
"title": "Proviso to Section 19(a)",
"chapter": null,
"content": "Provided that any person or organization of State or Central or Public Undertaking intending to collect the said species for purely research and scientific purpose, shall obtain necessary permission from the Director of Fisheries.",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "19",
"title": "Section 19(a)(iii)",
"chapter": null,
"content": "(iii) Catching or collection of brooders, juveniles and under size species which has a weight or length less than that specified below against each:\n(a) Lobster\n(i) \"Penulirus polyphagus\" 300 grams as whole.\n(ii) P. homarus 200 grams as whole.\n(iii) P. ornatus 500 grams as whole.\n(iv) Thenus orientalis 150 grams.\n(b) Crab\n(i) Scylla serrata - 8.4 cms. carapace width (CW) whole live.\n(ii) S. tranquebarica 12.3 cm (CW) whole.\n(iii) All crab with the egg mass in abdomen.\n(d) Grouper\n(i) All species of groupers (except Giant Grouper \"Ephinephelus lanceolatus\" covered under Wild Life (Protection) Act. 1972) less than 30 cm overall length.",
"footnote": "",
"is_definition": false,
"sort_order": 1750
},
{
"number": "20",
"title": "Section 20. Prohibition in fishing in a specified area",
"chapter": null,
"content": "20. Prohibition in fishing in a specified area",
"footnote": "",
"is_definition": false,
"sort_order": 1760
},
{
"number": "20",
"title": "Section 20(a)",
"chapter": null,
"content": "(a) The following areas specified is prohibited for fishing in the Territorial Water of Andaman and Nicobar Islands\n(i) Areas falling within in the port limits as defined in the Indian Ports Act 1908 (15 of 1908)\n(ii) Areas reserved for Aboriginal Tribes of the Islands under the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) (Regulation) 1936 (Regulation No 3 of 1956)\n(iii) Areas Protected or Prohibited in the Islands under the Wildlife (Protection) Act, 1972.\nNothing contained in the said rule shall apply to any class or classes of fishing vessels for innocent passage to carry out fishing in permitted areas.",
"footnote": "15 of 1908; 3 of 1956",
"is_definition": false,
"sort_order": 1770
},
{
"number": "179",
"title": "Schedule - List of Standard Forms and Prices Thereof",
"chapter": null,
"content": "SCHEDULE-I\nSee Rule 3(e)\nList of Standard Forms and Prices Thereof\nForm Number | Particulars | Price in Rupees\nMFR-1 | Application for registration of mechanized fishing vessel | 10.00\nMFR-2 | Application for registration of non mechanized fishing vessel | 5.00\nMFR-3 | Certificate of Registration of fishing vessel | Nil\nMFR-4 | Application for transfer of ownership of mechanized fishing vessel | 10.00\nMFR-5 | Application for transfer of ownership on non mechanized fishing vessel | 5.00\nMFR-6 | Application for change of Authorized Officer | 5.00\nMFR-7 | Application for replacement of Engine | 10.00\nMFR-8 | Application for grant/renewal of fishing licence | 5.00\nMFR-9 | Licence for undertaking fishing activity | Nil\nMFR-10 | Monthly return of fishing vessel | Nil\nMFR-11 | Application for appointment of agent | 10.00\nMFR-12 | Notice for settlement of issues | Nil\nMFR-13 | Notice to agent for appearance | Nil\nMFR-14 | Notice to owner of fishing vessel for appearance | Nil\nMFR-15 | Format of Register for Registration of Fishing Vessels | Nil\nMFR-16 | Format of Register for issue of Fishing Licences | Nil\nMFR-17 | Format of Register for grant of Identity Cards to Fishermen, Crew members and Divers | Nil\nMFR-18 | Format of Seizure List | Nil\nNote: 1. Form No. MFR-10 will be issued by the Authorized Officer free of cost as specimen copy alongwith licence in Form No. MFR-9.\n2. Form No. MFR-1 to MFR-18 Annexed.",
"footnote": "",
"is_definition": false,
"sort_order": 1780
},
{
"number": "180",
"title": "Schedule - Fees Payable for Registration, Transfer of Ownership, Change of Principal Fishing Base and Replacement of Engine",
"chapter": null,
"content": "SCHEDULE-II\nSee Rule 3 (f)\nFees Payable for Registration, Transfer of Ownership, Change of Principal Fishing Base and Replacement of Engine\nDescription of Fishing Vessel | Registration | Transfer of Ownership | Change of Authorized Officer | Replacement of Engine\n1. Mechanized fishing vessel powered and propelled by an engine\n(i) more than 30 BHP upto 200 BHP (vessels between 15-20 metres OAL) | Rs. 100/- | Rs. 50/- | Rs. 50/- | Rs. 50/-\n(ii) more than 200 BHP (vessels more than 20 metres OAL) | Rs. 1000/- | Rs. 100/- | Rs. 100/- | Rs. 100/-\n(iii) upto 30 BHP including motorized fishing vessel (vessels upto 15 metres OAL) | Rs. 25/- | Rs. 10/- | Rs. 10/- | Rs. 10/-\n(iv) sport fishing vessel | Rs. 1000/- | Rs. 100/- | Rs. 100/- | Rs. 100/-\n2. Country craft powered by oars and sails | Rs. 10/- | Rs. 5/- | Rs. 5/- | Rs. 5/-\nNote: 1. When change of principal base is occasioned through transfer of ownership no fees are separately payable for change of Authorized Officer.\n2. The rates are subject to revision under rules 3(f) of Andaman and Nicobar Islands Marine Fishing Rules, 2004.",
"footnote": "",
"is_definition": false,
"sort_order": 1790
},
{
"number": "181",
"title": "Schedule - Fees Payable for Fishing Licence, Renewal of Fishing Licence and Penalty for Delay in Renewal of Fishing Licence",
"chapter": null,
"content": "SCHEDULE-III\nSee Rule 4 (h)\nFees Payable for Fishing Licence, Renewal of Fishing Licence and Penalty for Delay in Renewal of Fishing Licence\nDescription of Fishing Vessel | Fishing Licence / Renewal of Fishing Licence | Penalty for Delay in Renewal for Every Month or a Part of a Month\n1. Mechanized / Motorized fishing vessel\n(i) Upto 30 BHP (vessels upto 15 metres OAL) | Rs. 100/- | Rs. 10/-\n(ii) above 30 BHP (vessels above 15 metres OAL) | Rs. 1000/- | Rs. 100/-\n(iii) for crew members / fishermen / divers per head | Rs. 10/- | Rs. 2/-\n(iv) sport fishing vessel | Rs. 2000/- | Rs. 100/-\n2. Non-mechanized boat\n(i) Non-mechanized country crafts powered by oars and sails | Rs. 25/- | Rs. 5/-\n(ii) for crew members / fishermen divers | Rs. 10/- | Rs. 2/-\nNote: 1. Renewal of fishing licence is not admissible after expiration of 6 months from the date of expiry of fishing licence.\n2. The rates are subject to revision under rule 4(h) of Andaman & Nicobar Islands Marine Fishing Rules, 2004.",
"footnote": "",
"is_definition": false,
"sort_order": 1800
},
{
"number": "182",
"title": "Schedule - List of Officers Empowered to Act as Adjudicating Officer, Authorised Officer and Fishery Officer",
"chapter": null,
"content": "SCHEDULE-IV\nSee Rule 3 (c)\nList of Officers Empowered to Act as Adjudicating Officer, Authorised Officer and Fishery Officer in Respect of Registration, Transfer of Ownership, Change of Principal Fishing Base and Replacement of Engine of Fishing Vessel and Grant/ Renewal of Fishing Licence / Identity Card\nSl. No. | Designation of the Officer | Jurisdictional Zone and Authorized Officer | Fish Landing Centres Covered\n1. Adjudicating Officer | Director of Fisheries. Andaman and Nicobar Islands | Whole of the Territorial waters of the Union Territory of Andaman & Nicobar Islands | All Fish landing centres in A&N Islands\n2. Authorized Officer | i) Assistant Director of Fisheries (South Andaman) | Authorized Officer within the jurisdiction of South Andaman (Port Blair, Havelock, Neil & Little Andaman) | All fish landing centres in Port Blair, Ferrar-gunj. Neil, Havelock and Little Andaman\n| ii) Assistant Director of Fisheries (Middle & North Andaman) | Authorized Officer within the jurisdiction of Middle & North Andamans (Kadamtalla, Rangat, Billiground, Mayabunder and Diglipur) | All fish landing centres in Kadamtalla, Rangat, Billiground. Mayabunder and Diglipur\n| iii) Assistant Director of Fisheries (Nicobars) | Authorized Officer within the jurisdiction of Nicobars District (Car Nicobar, Katchal, Nancowry and Campbell Bay). | All fish landing centres in Car Nicobar, Nancowry Katchal, Great Nicobar\n3. Fishery Officer | All Officers of Fisheries Department not below the rank of Assistant Fisheries Guard & not above the rank of Assistant Fisheries Development Officer | As per their places of posting | All fish landing centres in their places of posting\nNote: In case of change of Authorized Officer or transfer of ownership and change of Authorized Officer simultaneously, Assistant Director of Fisheries in whose jurisdiction proposed Authorized Officer lies shall act as Authorized Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 1810
},
{
"number": "183",
"title": "Schedule - Identified Sea Areas for Leasing for Fish Culture or Installation of Fish Aggregating Devices",
"chapter": null,
"content": "SCHEDULE-V\r\nSee rule 15 (1)\r\nIdentified Sea Areas for Leasing for Fish Culture or Installation of Fish Aggregating Devices\r\n(a) South Andaman\r\nLocation 1, off Port Blair\r\nBearings 92° 45' E & 11° 42'N North Bay, 0, 4",
"footnote": "",
"is_definition": false,
"sort_order": 1820
}
],
"metadata": {
"Act ID": "200301",
"Act Number": "1",
"Enactment Date": "2004-06-01",
"Act Year": "2003",
"Short Title": "Andaman & Nicobar Islands Marine Fishing Rules, 2004",
"Department": "Andaman and Nicobar Administration Secretariat",
"Type": "STATE",
"Location": "Andaman and Nicobar Islands"
},
"updated_at": "2026-09-29 21:52:05"
}