¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

1

L. A. BILL No. XXXI OF 2021

A BILL

further to amend the Maharashtra Marine Fishing

Regulation Act, 1981.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that

circumstances existed which rendered it necessary for him to take

immediate action further to amend the Maharashtra Marine Fishing

Regulation Act, 1981, for the purposes hereinafter appearing ; and,

therefore, promulgated the Maharashtra Marine Fishing Regulation

(Amendment) Ordinance, 2021 on the 23rd November 2021 ;

AND WHEREAS it is expedient to replace the said Ordinance, by an

Act of the State Legislature ; it is hereby enacted in the Seventy-second

Year of the Republic of India as follows :—

Mah.

LIV of

1981.

Mah.

Ord. XII

of 2021.

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 6, +ÆEòú 24(11)]

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 60

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ

Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in

English of the Maharashtra Marine Fishing Regulation (Amendment) Bill, 2021 (L. A. Bill No. XXXI

of 2021), introduced in the Maharashtra Legislative Assembly on the 22nd December 2021, is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

——————————

RNI No. MAHENG /2009/35528

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2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

1. (1) This Act may be called the Maharashtra Marine Fishing

Regulation (Amendment) Act, 2021.

(2) (a) It shall be deemed to have come into force on the 23rd November

2021, except sub-section (2) of section 6 and section 7.

(b) Sub-section (2) of section 6 and section 7 shall come into force on

such date as the State Government may, by notification in the Official

Gazette, appoint.

2.

In section 2 of the Maharashtra Marine Fishing Regulation Act,

1981 (hereinafter referred to as "the principal Act"),—

(1) for clause (a), the following clause shall be substituted,

namely :—

“(a) “Adjudicating Officer" means the Assistant Commissioner

of Fisheries having jurisdiction to exercise the powers conferred

on, and discharge the duties imposed upon, an Adjudicating Officer

by this Act ;" ;

(2) after clause (a), the following clause shall be inserted,

namely:—

"(a-i) "Advisory and Monitoring Committee" means the

State Advisory and Monitoring Committee constituted under

section 3 ;";

(3) clause (b) shall be deleted;

(4) in clause (c), for the words "Directorate of Fisheries" the words

"Commissionerate of Fisheries" shall be substituted ;

(5) after clause (c), the following clauses shall be inserted,

namely :—

"(c-i) "fish" means finfish, molluscs, crustaceans and all other

forms of marine animal and plants other than marine mammals,

reptiles and sea birds ;

(c-ii) "fisheries" means "fishing" and "fishing related activities"

and includes,—

(i) searching for or tracking or trailing or pursuing fish;

(ii) catching or taking or harvesting of fish by any method;

(iii) landing, packaging, marketing, processing,

preserving, transshipping or transporting of fish ;

(iv) any operations at sea directly linked to any activity

described under this clause ;

(c-iii) "fishing gear" means tools such as any net, cage, trap

or other contrivance used to capture "fish" and used in "fishing

related activities;" ;

(6) for clause (d), the following clause shall be substituted,

namely :—

"(d) "fishing vessel" means a boat, ship or vessel, whether or

not fitted with mechanical means of propulsion, which is engaged

in sea fishing for profit, and includes,—

(i) a non-motorized vessel,

(ii) a motorized vessel, and

(iii) a mechanized vessel,

engaged in sea fishing for profit ;”;

Amendment

of section 2

of Mah. LIV

of 1981.

Mah.

LIV of

1981.

Short title

and

commence-

ment.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

3

(7) in clause (e), for the words "Directorate of Fisheries" the words

"Commissionerate of Fisheries" shall be substituted ;

(8) after clause (e), the following clauses shall be inserted,

namely :—

“(e-i) "master", in relation to a fishing vessel, means any person

having command or charge of the vessel or having the

responsibility of the vessel ;

(e-ii) "mechanized vessel" means any fishing vessel with

engine permanently fitted in the hull, which uses machine power

for propulsion as well as fishing operation like casting and pulling

of fishing gear, engaged in sea fishing for profit ;

(e-iii) "motorized vessel" means any fishing vessel that has an

engine fitted outside or inside on vessel which is used only for

propulsion and not for fishing operation ;

(e-iv) "non- motorized vessel" means any fishing vessel that

does not use any engine (mechanical) power for propulsion as

well as fishing operation ;

(e-v) "operator" (tandel) means any person or enterprise, that

controls the operation or management of a fishing vessel or who

has assumed the responsibility for the operation of the vessel ;

(e-vi) "owner", in relation to a fishing vessel, means the owner

of the vessel as well as any other person, including any

organization or association of persons, whether incorporated or

not, by whom the vessel or a share in the vessel is owned ;" ;

(9) after clause (k), the following clause shall be added, namely :—

"(l) "sustainable fishing" means fishing activities that do not

cause or lead to undesirable changes in the biological and economic

productivity, biological diversity or ecosystem structure and

functioning from one human generation to the next.".

3.

In section 3 of the principal Act,—

(1) for sub-section (1), the following sub-sections shall be substituted,

namely :—

"(1) There shall be a State Advisory and Monitoring Committee to

exercise the powers conferred on and discharge the duties imposed

upon it under this Act.

(1-A) The State Advisory and Monitoring Committee shall consist

of the following members, namely :—

(i)

Commissioner of Fisheries, Maharashtra

Chairperson ;

State

(ii)

Divisional Commissioner of Konkan

Member ;

Division or his representative

(iii)

Chief Executive Officer of Maharashtra

Member ;

Maritime Board

(iv)

Deputy Inspector General of Indian

Member ;

Coast Guard

Amendment

of secton 3 of

Mah. LIV of

1981.

4

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

(v)

Inspector General of Police, Coastal

Member ;

Security and Security

(vi)

Deputy Secretary (Fisheries), Agriculture, Member ;

Animal Husbandry, Dairy Development

and Fisheries Department

(vii)

Joint Commissioner of Fisheries (Marine) Member-

Secretary.

(1-B) The Advisory and Monitoring Committee may invite two

representatives from the Central or State Government recognized

research institute having knowledge in fisheries as special invitees.

The special invitees may participate in the discussion in the meeting

of the Advisory and Monitoring Committee, but they shall not have

right to vote.

(1-C) The Advisory and Monitoring Committee shall recommend

to the State Government the regulations to be enforced under Chapter

II. The Advisory and Monitoring Committee may take into

consideration recommendations of the District Committees, if any,

before recommending the said regulations to the State Government.

The Advisory and Monitoring Committee shall coordinate, monitor

and give advice or directions to the District Committees, in exercise of

the powers conferred on, and duties imposed upon them under this

Act.";

(2) in sub-section (2), for the words "Committee shall advise" the

words "Advisory and Monitoring Committee shall recommend" shall be

substituted ;

(3) after sub-section (2), the following sub-section shall be added,

namely :—

"(3) (a) There shall be a District Committee for each coastal district,

with Collector as the Chairperson; and Superintendent of Police,

Commandant Coast Guard and Port Officer as the Members; and Assistant

Commissioner, Fisheries as a Member-Secretary.

(b) The Chairperson shall co-opt representatives of the other Government

Departments and of the fishermen and trade, as he may deem fit.

(c) The District Committee shall recommend to the Advisory and

Monitoring Committee the regulations to be enforced under Chapter II in

the District.";

(4) in the marginal note, for the words "Constitution of Advisory

Committee" the words "Constitution of Advisory and Monitoring

Committee" shall be substituted.

4. In section 4 of the principal Act,-

(1) in sub-section (1),-

(i) for the words "the Advisory Committee" the words "the Advisory

and Monitoring Committee" shall be substituted ;

(ii) after clause (c), the following clause shall be inserted, namely:—

"(c-i) number of crew members and fishing gear in case of

different fishing vessels and types of fishing; or" ;

(2) in sub-section (2), in clause (b), after the words "scientific basis"

the words "and for sustainable fishing" shall be added ;

Amendment

of section 4

of Mah.

LIV of

1981.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

5

(3) after sub-section (2), the following sub-section shall be added,

namely :—

"(3) The fishermen and their co-operative societies shall be bound

to comply with any instructions or directions issued by the Coastal

Police and officers of Fisheries Department, from time to time, for

safety of fishermen and law and order.".

5. In section 5 of the principal Act,-

(1) for the word "master" the words "master or operator (tandel)"

shall be substituted ;

(2) in the second proviso, for the words “traditional fishing craft

such as country craft or canoe” the words “non-motorized vessel or

motorized vessel or mechanized vessel” shall be substituted.

6.

In section 6 of the principal Act, in sub-section (4),—

(1) after clause (c), the following clause shall be inserted, namely:—

“ (c-i) whether the fishing vessel has seaworthiness certificate of

such authority as may be prescribed;”;

(2) after clause (c-i) as so inserted, the following clause shall be

inserted, namely :—

“(c-ii) whether master or operator (tandel) who operates motorized

or mechanized fishing vessels possess license and are trained in sea

navigation;".

7. After section 8 of the principal Act, the following section shall be

inserted, namely :—

“8A.

(1) The master or operator (tandel) of a motorized or

mechanized fishing vessel shall make an application to the licensing

officer for the grant of a license for operating such a fishing vessel.

(2) The master or operator (tandel) of a motorized or mechanized

fishing vessel possessing such necessary qualification and such training

certificate in sea navigation as may be prescribed shall be eligible to

get a license for operating fishing vessel.

(3) Every application under sub-section (1) shall be in such form,

contain such particulars, including necessary qualification and details

of training, and be accompained by such fees, as may be prescribed. A

licence granted under this section shall be in such form and subject to

such conditions, as may be prescribed.”.

8.

For section 13 of the principal Act, the following section shall be

substituted, namely :—

"13. (1) Any person aggrieved by an order of the Licensing Officer

refusing to grant license for a fishing vessel or suspending, cancelling,

varying or amending such license or of the Registration Officer refusing

to register a vessel or cancelling the registration of such vessel may,

within thirty days from the date on which the order is communicated to

him, prefer an appeal to the First Appellate Authority i.e the

Commissioner of Fisheries, Maharashtra State.

(2) Any person aggrieved by an order of the First Appellate Authority

may, within thirty days from the date on which the order is communicated

to him, prefer an appeal to the Second Appellate Authority i.e the

Government :

Provided that, the Appellate Authorities may entertain an appeal,

after the expiry of the said period of thirty days, if it is satisfied that the

appellant was prevented by sufficient cause from filing the appeal in

time.

Amendment

of section 5

of Mah. LIV

of 1981.

Amendment

of section 6

of Mah. LIV

of 1981.

Insertion of a

new section

8A in Mah.

LIV of 1981.

Substitution

of section 13

of Mah. LIV

of 1981.

Appeals

against

orders

refusing

grant of

license or

registration,

etc.

Licensing of

master or

operator

(tandel).

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(3) On receipt of an appeal under sub-section (1) or (2), the Appellate

Authority shall, after giving an appellant a reasonable opportunity of

being heard, pass such orders thereon, as it deems fit, as expeditiously

as possible.

(4) The order of the First Appellate Authority shall be final in case

second appeal is not filed and in case the second appeal is filed then the

order of the Second Appellate Authority shall be final.".

9. In section 14 of the principal Act, for the words "impound such

vessel and seize any fish found in it" the words "seize such vessel including

accessories and fishing gear with which it is fitted and any fish found in

it" shall be substituted.

10. In section 15 of the principal Act,—

(1) in sub-section (1), for the word "impounded" the word "seized"

shall be substituted;

(2) in sub-section (2), for the words "dispose of such fish" the

words "dispose of such fish within fourty-eight hours" shall be

substituted.

11. For section 17 of the principal Act, the following section shall be

substituted, namely :—

‘‘17. (1) The Adjudicating Officer shall, after the inquiry is held

under section 16, decide whether any person has used or caused or

allowed to be used, any fishing vessel in contravention of any of the

provisions of this Act or of any order or rule made thereunder or of

any of the conditions of the licence.

(2) When such person is found guilty by the Adjudicating Officer,

he may, by order, in writing impose on such person penalties specified

in this section.

(3) Whoever uses or causes or allowes to be used any fishing

vessel engaged in fishing or fishing related activities in the specified

area without obtaining a valid licence under this Act shall be liable

for,—

(a) in case where the vessel is non-motorized fishing vessel,—

(i) penalty of one thousand rupees for the first

contravention ;

(ii) penalty of two thousand rupees for the second

contravention ;

(iii) penalty of five thousand rupees for the third or

subsequent contraventions ;

(b) in case where the vessel is motorized fishing vessel which

operates with engine capacity up to 20hp,—

(i) penalty of three thousand rupees for the first

contravention ;

(ii) penalty of five thousand rupees for the second

contravention ;

(iii) penalty of ten thousand rupees for the third or

subsequent contraventions ;

(c) in case where the vessel is motorized fishing vessel which

operates with engine capacity above 20hp upto 120hp,—

(i) penalty of ten thousand rupees for the first

contravention;

(ii) penalty of twenty thousand rupees for the second

contravention ;

Amendment

of section 14

of Mah. LIV

of 1981.

Amendment

of section 15

of Mah. LIV

of 1981.

Substitution

of section 17

of Mah. LIV

of 1981.

Imposition of

penalty.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

7

(iii) penalty of thirty thousand rupees for the third or

subsequent contraventions;

(d) in case where the vessel is motorized fishing vessel which

operates with engine capacity above 120 hp ,—

(i) penalty of twenty five thousand rupees for the first

contravention ;

(ii) penalty of fifty thousand rupees for the second

contravention ;

(iii) penalty of one lakh rupees for the third or

subsequent contraventions ;

(e) in case where the vessel is a mechanized fishing vessel of

less than twelve meters length over all,—

(i) penalty of ten thousand rupees for the first

contravention ;

(ii) penalty of twenty thousand rupees for the second

contravention ;

(iii) penalty of fifty thousand rupees for the third or

subsequent contraventions ;

(f) in case where the vessel is a mechanized fishing vessel

between twelve and twenty meters (both inclusive) length over

all,—

(i) penalty of forty thousand rupees for the first

contravention ;

(ii) penalty of one lakh rupees for the second

contravention ;

(iii) penalty of two lakh rupees for the third or

subsequent contraventions ;

(g) in case where the vessel is a mechanized fishing vessel of

more than twenty meters length over all,—

(i) penalty of two lakh rupees for the first contravention;

(ii) penalty of five lakh rupees for the second or

subsequent contraventions.

(4) Whoever uses or causes or allowes to be used any fishing

vessel engaged in fishing or fishing related activities in the specified

area in contravention of,—

(i) conditions of license; or

(ii) safety and security of fishermen and fishing vessels; or

(iii) spatial and temporal closures and Monsoon fishing ban; or

(iv) prohibition of destructive fishing methods; or

(v) regulations in respect of matters other than those

specified in sub-sections (5), (6) and (8);

shall be liable for,—

(a) in case where the vessel is a non-motorized fishing

vessel,—

(i) penalty of one thousand rupees for the first

contravention ;

(ii) penalty of two thousand rupees for the second

contravention ;

(iii) penalty of five thousand rupees for the third or

subsequent contraventions ;

(b) in case where the vessel is motorized fishing vessel

which operates with engine capacity upto 20hp,—

(i) penalty of three thousand rupees for the first

contravention ;

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(ii) penalty of five thousand rupees for the second

contravention ;

(iii) penalty of ten thousand rupees for the third or

subsequent contraventions ;

(c) in case where the vessel is motorized fishing vessel

which operates with engine capacity above 20hp upto 120hp,—

(i) penalty of seven thousand rupees for the first

contravention ;

(ii) penalty of fifteen thousand rupees for the second

contravention ;

(iii) penalty of twenty five thousand rupees for the

third or subsequent contraventions;

(d) in case where the vessel is motorized fishing vessel

which operates with engine capacity above 120 hp,—

(i) penalty of twenty thousand rupees for the first

contravention ;

(ii) penalty of forty thousand rupees for the second

contravention ;

(iii) penalty of eighty thousand rupees for the third

or subsequent contraventions;

(e) in case where the vessel is a mechanized fishing vessel

of less than twelve meters length over all,—

(i) penalty of five thousand rupees for the first

contravention ;

(ii) penalty of ten thousand rupees for the second

contravention ;

(iii) penalty of twenty thousand rupees for the third

or subsequent contraventions ;

(f) in case where the vessel is a mechanized fishing vessel

between twelve and twenty meters (both inclusive) length

over all,—

(i) penalty of twenty thousand rupees for the first

contravention;

(ii) penalty of fifty thousand rupees for the second

contravention ;

(iii) penalty of one lakh rupees for the third or

subsequent contraventions ;

(g) in case where the vessel is a mechanized fishing vessel

of more than twenty meters length over all,—

(i) penalty of one lakh rupees for the first

contravention ;

(ii) penalty of two lakh rupees for the second

contravention ;

(iii) penalty of five lakh rupees for the third or

subsequent contraventions.

(5) Whoever contravenes an order under this Act relating to the

regulation of purse seine or ring seine (including mini purse seine) or

Trawl net including mesh size shall be liable for,—

(i) penalty of one lakh rupees for the first contravention;

(ii) penalty of three lakh rupees for the second contravention;

(iii) penalty of six lakh rupees for the third or subsequent

contraventions.

(6) Whoever contravenes an order under this Act relating to the

regulation of destructive fishing methods (bull or pair trawling, fish

attractors, LED light fishing) shall be liable for,—

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 22, 2021/{ÉÉè¹É 1, ¶ÉEäò 1943

9

(i) penalty of minimum five lakh rupees for the first

contravention ;

(ii) penalty of ten lakh rupees for the second contravention ;

(iii) penalty of twenty lakh rupees for the third or subsequent

contraventions.

(7) Whoever contravenes an order under this Act relating to the

regulation of the installation of Turtle Excluding Device shall be liable

for,—

(i) penalty of one lakh rupees for the first contravention;

(ii) penalty of two lakh rupees for the second contravention;

(iii) penalty of five lakh rupees for the third or subsequent

contraventions.

(8) Whoever contravenes an order under this Act relating to the

regulation of the Ban on Juvenile Fishing shall be liable for,—

(a) in case where any fishing vessel catches juvenile fish of

size less than minimum legal size,—

(i) penalty of one lakh rupees for the first contravention;

(ii) penalty of two lakh rupees for the second

contravention ;

(iii) penalty of five lakh rupees for the third or

subsequent contraventions;

(b) in case where juvenile fish (minimum legal size fish) is

purchased by the fish merchant,—

(i) penalty of five times the value of the fish for first

contravention ;

(ii) penalty of five lakh rupees for the second or

subsequent contraventions.

(9) (a) Whoever enters the territorial waters with the fishing

vessel from outside the territorial waters of the State for the purpose

of fishing or for any other allied purpose in contravention of any

provisions of this Act or of any order or rule made thereunder shall

be liable for,—

(i) penalty of two lakh rupees and five times the value of fish

captured by such person for the first contravention;

(ii) penalty of six lakh rupees and five times the value of fish

captured by such person for the second or subsequent

contraventions.

(b) Whenever any fishing vessel from outside territorial waters

of the State enters in the territorial waters of the State for the purpose

of fishing or any other allied purpose in contravention of any provisions

of this Act or of any order or rule made thereunder, it shall be liable

to be seized mandatorily for first such contravention including

accessories and fishing gear with which it is fitted and any fish found

in it ; and fishing vessel with all Crew Members, Operator (tandel)

and Master including accessories and fishing gear with which it is

fitted shall be handed over to police authorities for necessary action.

(10) The amount of any penalty imposed under this section shall

be recoverable as an arrear of land revenue.

(11) In addition to any penalty that may be imposed under this

section, the Adjudicating Officer may direct that,—

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10

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(a) the registration certificate of the fishing vessel which has

been used or caused or allowed to be used, in the manner referred

to in this section or the licence, any condition of which has been

contravened, shall be—

(i) cancelled or revoked, as the case may be; or

(ii) suspended for such period as the Adjudicating Officer

deems fit ; or

(b) the fishing vessel including accessories and fishing gear

with which it is fitted or fish that may have been seized under

section 14 shall be forfeited to the Government :

Provided that, no fishing vessel shall be forfeited under clause

(b), if the Adjudicating Officer, after hearing the owner of such

vessel or any person claiming any right thereto, is satisfied that

the owner or such person had exercised due care for the

prevention of the commission such default.

(12) The defaulter fishing vessels and owner shall not be entitled

for any type of benefits under the Central-State assistance scheme or

the State Government scheme.".

12. For section 18 of the principal Act, the following section shall be

substituted, namely :—

"18. (1) Any person aggrieved by an order of the Adjudicating

Officer may, within thirty days from the date on which the order is

communicated to him, prefer an appeal to the First Appellate

Authority having jurisdiction, i.e. the Commissioner of Fisheries,

Maharashtra State to hear such first appeal:

Provided that, the State Government may, whenever necessary,

by notification in the Official Gazette, appoint one or more First

Appellate Authorities for such area in the Konkan Revenue Division,

as may be specified in the notification.

(2) Any person aggrieved by an order of the First Appellate

Authority may, within thirty days from the date on which the order

is communicated to him, prefer second appeal to the Government.

(3) Notwithstanding anything contained in sub-sections (1) and

(2), the First Appellate Authority or the Second Appellate Authority,

as the case may be, may entertain any appeal after the expiry of the

said period of thirty days, but not after the expiry of sixty days from

the date aforesaid, if it is satisfied that the appellant was prevented

by sufficient cause from filing the appeal in time.

(4) No appeal under this section shall be entertained by the First

Appellate Authority, unless the appellant has, at the time of filing the

appeal, deposited the amount of penalty payable under the order

appealed against :

Provided that, on an application made by the appellant in this

behalf, the First Appellate Authority may, if it is of the opinion that

the deposit to be made under this sub-section will cause undue

hardship to the appellant, by an order in writing, dispense with fifty

per cent. amount of such deposit, either unconditionally or subject to

such conditions as it may deem fit to impose.

Substitution

of section 18

of Mah. LIV

of 1981.

Appeals

against order

of Adjudicating

Officer and

Appellate

Authorities.

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(5) On receipt of an appeal under sub-section (1) or (2), the

Appellate Authority may, after holding such inquiry as it deems fit,

and after giving the parties concerned a reasonable opportunity of

being heard, confirm, modify or set aside the order appealed against

and,—

(a) if the sum deposited by way of penalty under sub-section (4)

exceeds the penalty directed to be paid by the Appellate Authorities,

the excess amount, or

(b) if the Appellate Authorities sets aside the order imposing penalty,

the whole of the sum deposited by way of penalty,

shall be refunded to the appellant.

(6) The order of the First Appellate Authority shall be final in case

second appeal is not filed and in case the second appeal is filed then the

order of the Second Appellate Authority shall be final.".

13.

Section 19 of the principal Act shall be deleted.

14.

In section 20 of the principal Act, for the words "Appellate Board",

wherever they occur including marginal note thereof, the words "Appellate

Authorities" shall be substituted.

15.

In section 21 of the principal Act, for the words "one thousand

rupees and with further fine which may extend to fifty rupees" the words

"ten thousand rupees and with further fine which may extend to five

hundred rupees" shall be substituted.

16.

After section 21 of the principal Act, the following section shall

be inserted, namely :—

"21A. No Court shall take cognizance of any offence punishable under

this Act except upon a complaint in writing made by the Licensing Officer

or an Enforcement Officer.".

17.

In section 23 of the principal Act, in sub-section (1), for the

words "survey vessels" the words "survey vessels, training vessels or

patrolling vessels" shall be substituted.

18. (1)

The Maharashtra Marine Fishing Regulation (Amendment)

Ordinance, 2021, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

(including any notification or order issued) under the corresponding

provisions of the principal Act, as amended by the said Ordinance, shall

be deemend to have been done, taken or, as the case may be, issued, under

the corresponding provisions of the principal Act, as amended by this Act.

Deletion of

section 19 of

Mah. LIV of

1981.

Amendment

of section 20

of Mah. LIV

of 1981.

Amendment

of section 21

of Mah. LIV

of 1981.

Insertion of a

new section

21A in Mah.

LIV of 1981.

Cognizance of

offences.

Amendment

of section 23

of Mah. LIV

of 1981.

Repeal of

Mah. Ord.

XII of 2021

and saving.

Mah.

Ord. XII

of 2021.

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STATEMENT OF OBJECTS AND REASONS

The Maharashtra Marine Fishing Regulation Act, 1981 (Mah. LIV of

1981) has been enacted to provide for the regulation of fishing by fishing

vessels in the sea along the coast line of the State of Maharashtra and for

matters connected therewith or incidental thereto. The State Government,

from time to time, issues orders under the said Act to regulate fishing

after taking into consideration need to protect the interests of different

sections of persons engaged in fishing particularly traditional fishermen

and need to conserve fish and to regulate fishing on a scientific basis and

to maintain the law and order in the sea.

2.

Considerable amount of time had elapsed since the enactment of

the said Act. The fisheries and fishing practices have changed over a period

of time. Due to increase in pendency of cases before the Tahsildar, as an

Adjudicating Officer, it was considered expedient to declare an officer of

the Fisheries Department as an Adjudicating Officer instead of Tahsildar.

It had been noticed that, the decision making process for regulation of

fishing by the Government had been delayed for want of timely advise

from the District Advisory Committees. The penalties provided in the Act

had not been changed since its enactment. In view of above, the Government

considered it expedient to amend certain provisions of the said Act.

3.

The salient features of the amendments are as follows, namely :—

(i) to declare the Assistant Commissioner of Fisheries having

jurisdiction as an Adjudicating Officer instead of Tahsildar ;

(ii) to define new terms "fish", "fishing gear", "fisheries", "master",

"mechanized vessel", "motorized vessel", "non-motorized vessel", "operator

(tandel), "owner" and "sustainable fishing" ;

(iii) to provide for the State Advisory and Monitoring Committee to

recommend to the State Government the regulations to be enforced in

Chapter II and to coordinate, monitor and to give advice or directions

to the District Committees ;

(iv) to regulate number of crew members and fishing gear in case of

different fishing vessels and types of fishing ;

(v) to provide that fishermen and their co-operative societies shall

be bound to comply with any instructions or directions issued by coastal

police and officers of the Fisheries Department for safety of fishermen

and law and order ;

(vi) to provide for giving licence to master or operator (tandel) of a

motorized or mechanized fishing vessel ;

(vii) to provide for seizing accessories and fishing gear fitted on the

vessel ;

(viii) to provide for enhanced penalties for contravention of any

provisions of the Act or of any order or rule or any of the conditions of

license in case of different types of vessels used in fishing and for

contravention of different types of regulations ;

(ix) to provide for filing of an appeal against the orders of Licensing

Officer or Registration Officer as well as against the orders of an

Adjudicating Officer before the Commissioner of Fisheries as First

Appellate Authority and the Government as Second Appellate Authority ;

(x) to make a provision for cognizance of offences.

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4.

As both Houses of the State Legislature were not in session and

the Governor of Maharashtra was satisfied that circumstances existed

which rendered it necessary for him to take immediate action further to

amend the Maharashtra Marine Fishing Regulation Act, 1981, for the

purposes aforesaid, the Maharashtra Marine Fishing Regulation

(Amendment) Ordinance, 2021 (Mah. Ord. XII of 2021) was promulgated by

the Governor of Maharashtra on the 23rd November 2021.

5.

The Bill is intended to replace the said Ordinance by an Act of

State Legislature.

Mumbai,

ASLAM SHAIKH,

Dated the 9th December, 2021.

Minister for Fisheries.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 1 (2).—Under this clause, power is taken to the State

Governement to bring into force the provisions of Sub-section (2) section

6 and section 7, on such date, as the State Government may, by notification

in the Officical Gazette, appoint.

Clause 4.—Under this clause, which seeks to amend section 4 of the

Maharashtra Marine Fishing Regulation Act, 1981 (Mah. LIV of 1981),

power is taken to the State Government to make an order to regulate,

restrict or prohibit number of crew members and fishing gear in case of

different fishing vessels and types of fishing.

Clause 6.—Under this clause, which seeks to amend section 6 of the

said Act, power is taken to the State Government to prescribe by rules the

authority from whom seaworthiness certificate is to be taken for the fishing

vessel for obtaining licence under the said Act.

Clause 7.—Under this clause, which seeks to insert a new section 8A

in the said Act, power is taken to the State Government to prescribe by

rules,—

(a) the necessary qualification and training certificate in sea

navigation to be possessed by master or operator (tandel) of a motorized

or a mechanized fishing vessel for being eligible to get a licence for

operating such fishing vessel ;

(b)

the form of application for licence for operating fishing vessel,

its particulars and fees, form of licence and its conditions.

2.

The abovementioned proposals for delegation of legislative power

are of normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT

PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR,

RUPENDRA DINESH MORE.