Lieutenant-Governor, Puducherry, is pleased to approve the revision of existing scheme component “Spot exemption on levy of Sales tax into Spot exemption of Sales tax on High Speed Diesel oil (HSD) and Reimbursement of Diesel subsidy maximum of ` 12 per litre together”.

Registered No.

PY/44/2021-23

Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY

∂]ÔV´D ÿ✓u≈ Publiée par Published by

ÿkπX| Autorité Authority

®ı Amflºƒˆ A>[˛wÁ\ 2023 } ∞©´_ | 5 { No. 37 Poudouchéry Mercredi 5 Avril 2023

No. Puducherry Wednesday 5th April 2023

(15 Chaitra 1945)

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (FISHERIES)

(G.O. Ms. No. 13/FY/390, Puducherry, dated 31st March 2023)

NOTIFICATION

In partial modification of the G.O. Ms. No. 10/Fy., dated 26-05-2009 and in supersession of the Notifications No. 4-3/2009-10/Mech(BR), dated 01-12-2009, No. 4-3/2009 – 10/Mech (BR), dated 14-10-2013, G.O. Ms. No. 7/Fy., dated 17-06-2016 and G.O. Ms. No. 05/Fy., dated 31-05-2018 of the Department of Fisheries and Fishermen Welfare, Puducherry, save as respects things done or omitted to be done before such supersession, the Lieutenant-Governor, Puducherry, is pleased to approve the revision of existing scheme component "Spot exemption on levy of Sales tax into Spot exemption of Sales tax on High Speed Diesel oil (HSD) and Reimbursement of Diesel subsidy maximum of ` 12 per litre together" subject to the conditions and restrictions as specified under this notification, namely:-

[ 741 ] 742 LA GAZETTE DE L'ETAT [PART–II

I. Eligibility Criteria

1. General

The applicant shall satisfy the following general requirements

for eligibility for extending subsidies/grants.-

(a) The applicant should be either belonging to the Fishermen Community or be one of those who are professionally engaged in fishing/fish trade occupation on full-time basis/prospective entrepreneurs.

(b) The applicant must have resided in the Union territory of Puducherry for a continuous period of not less than five years at the time of making the applications for extending subsidies/grants

(c) The applicant must have been enrolled as a member in the Fishermen Co-Operative Society and be of above the age of 23 years and below 60 years and must not have been a recipient of Old Age Pension, issued by any of the Departments.

(d) The applicant should not be employed in Government / Government Undertakings/Co-operative Societies even on part-time basis.

(e) The applicant must not have any dues to be paid to the Department/Fishermen Co-operative Societies/The Pondicherry Fishing Harbour Management Society, Puducherry/The Pondicherry State Fishermen Co-operative Federation Limited, Puducherry (in case of Puducherry region only)/The Karaikal Fishermen Co-operative Marketing Union Limited, Karaikal (in case of Karaikal region only)/at the time of making application.

2. Specific Criteria

(a) The applicant should possess a registered mechanized boat/motorized fishing crafts and the fishing licence should have been renewed on annual basis, as the case may be.

743

PART–II] LA GAZETTE DE L'ETAT

(b) The applicant should have renewed the Diesel

Passbook on monthly basis.

(c) The applicant should submit bills as proof of having

drawn diesel, from the authorized bunks.

(d) Should not have ventured for fishing during notified

fishing ban period.

(e) The fishing boats must be compliant on colour coding, Registration under ReAL Craft program, fitted with mandatory life saving appliances, navigational and communication equipments.

(f) Should not have indulged in destructive fishing practices especially in purse seining and pair trawling fishing operations.

(g) The registered boats should be covered against marine

risks under an insurance policy.

(h) Should furnish fish catch statistic reports on biannual

basis as prescribed in diesel book.

(i) Diesel permit will be issued only on production of original Diesel Passbook and the Passbook should be properly updated by the designated diesel outlets, Department of Fisheries and Fishermen Welfare and its Branch Offices in the respective regions. Duplicate Passbook will be issued on production on missing/ non-traceable certificate from Police Station and a fee of ` 50 will be collected for issue of duplicate Passbook.

(j) On production of diesel subsidy Passbook, the daily permit should be issued and the quantity of diesel issued should be recorded in the Passbook by the Department and its Branch Offices in the respective regions. Thereafter, the Passbook entry should be thoroughly checked and properly updated by the respective designated diesel bunk authorities.

(k) The sale of diesel up to the specified quantity subject to the ceiling limit per day prescribed under this Scheme shall be eligible for the grant of such subsidy.

744 LA GAZETTE DE L'ETAT [PART–II

II. Pattern of Assistance

The registered mechanized boat owners shall be entitled for a total diesel subsidy not exceeding ` 12 per litre of diesel which includes both spot exemption of applicable VAT on respective regions and

reimbursement of the balance amount as below:

(a) Registered boat owner can avail spot exemption of applicable VAT, as modified from time to time by the Commercial Tax Department on High Speed Diesel oil consumed by a registered fishing boat from the notified diesel outlets.

(b) For reimbursement, the balance amount of diesel subsidy after deducting the VAT subsidy from ` 12 per litre (in total not exceeding ` 12 per litre) shall be reimbursed to the quantity of diesel lifted for VAT subsidy within the maximum permissible quantity of diesel per boat per annum, as revised by Government from time to time.

(c) The mode of payment (reimbursement) shall be made

through DBT to the Aadhaar linked Bank accounts of the registered boat owners in four quarters viz., April 1st to June 30th, July 1st to September 30th, October 1st to December 31st and January 1st to March 31st of every year.

III. The following diesel bunks are designated for the purpose of

diesel subsidy to fishermen, namely:-

745

PART–II] LA GAZETTE DE L'ETAT

It is further ordered that the Director of Fisheries and Fishermen Welfare, Puducherry is empowered and authorized to designate or redesignate additional diesel outlets for this purpose as and when exigencies arise.

IV. Other Terms and Conditions

(i) Exemption from the levy of tax on the sale of diesel shall be subject to the duly registered fishing vessels as defined under the Puducherry Marine Fishing Regulation Act, 2008 (Act No. 6 of 2008) and the Merchant Shipping Act, 1958 by the Authorized Officer of the Department of Fisheries and Fishermen, Puducherry and its Branch Offices located in the Union territory of Puducherry (hereinafter referred to as the said Department) and actually engaged in fishing activities alone is eligible to avail the diesel subsidy under this Scheme and shall be issued with a diesel subsidy Passbook:

(ii) Provided that any owner of the fishing vessel who is found guilty in respect of fishing vessel and against whom penalty is levied in terms of sub-clause (iii) of clause (b) of sub-section (1) of section 18 of the said Act, shall not be eligible for such diesel subsidy under this Scheme.

(iii) Provided further that the registration of the fishing vessel and the fishing licence of the fishing boats are liable for cancellation/ revocation if, it is determined that HSD oil drawn is utilized for the purpose other than fishing purpose.

(iv) On production of diesel subsidy Passbook and daily permit should be issued and the quantity of diesel issued should be recorded in the Passbook and the Passbook should be properly updated by the Department of Fisheries and Fishermen Welfare, Puducherry and its Branch Officers in the respective regions. The sale of diesel up to the specified quantity subject to the ceiling limit per day prescribed under this Scheme shall be eligible for the grant of such subsidy.

(v) An Authorized Officer under PMFRA, 2008 (Act No. 6 of 2008) not below the rank of Sub-Inspector of Fisheries or any other official authorized by the Director of Fisheries and Fishermen Welfare, Puducherry shall verify the records and register of the designated diesel bunks on any working day.

746 LA GAZETTE DE L'ETAT [PART–II

(vi) The monthly sales details of the diesel sold to fishermen for fishing activities by the designated bunk shall be duly verified and certified by the Officer of this Department not below the rank of Inspector of Fisheries or as authorized by the Director and the certificate shall be in the Form annexed hereto and such certificate in duplicate for each designated bunk separately, shall be forwarded to the Commissioner (CT) on or before 15th of the succeeding month.

(vii) The Scheme Implementing Officer will obtain details of High Speed Diesel (HSD) oil availed by the registered boat owners from designated diesel outlets in the Union territory of Puducherry along with Proforma annexed with this notification and Bank Account Number as well as particulars of fishing conducted by them in Form-VII as prescribed under Puducherry Marine Fishing Regulation Rules, 2009.

(viii) After scrutiny of the bills, the Department will submit admissible bills every quarter to the Directorate of Accounts and Treasuries, who, in turn, will make payment to the beneficiaries account through DBT mode.

(ix) The Department will also maintain a register showing admissible quantity of diesel claimed by the boat owners, actuals, claimed by the Department with Directorate of Accounts and Treasuries, Puducherry and disallowed quantity, if any, with reasons. The register will be maintained and countersigned by the Scheme Implementing Officer each time the bills are presented to Directorate of Accounts and Treasuries i.e., in every quarter.

(x) Stringent monitoring of the movements of the these boats for fishing purpose has to be carried out by Pondicherry Fishing Harbour Management Society in Puducherry region and a report be submitted on daily basis to Deputy Director of Fisheries (Mechanization). The Regional Officer also have to maintain monitoring of these boats on daily basis strictly subject to the conditions stipulated in this notification.

(xi) Supply of HSD to registered fishing boats shall be effected directly to the built in tanks fitted into the registered fishing crafts. If, any deviation in the matter is found out, then the suppliers of the diesel and the registered boat owner would be penalized by withholding supply of diesel for determined period of 3 months from the date of such events, besides initiating action on staff who deviates from this procedure.

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PART–II] LA GAZETTE DE L'ETAT

(xii) The Department will install RFID enabled diesel tanks

coupled with development of software by the Pondicherry State

Fishermen Co-Operative Federation Limited, so that the permits issued

are digitized and simultaneously the diesel pump will dispense only the

quantity which had been permitted.

(xiii) Monitoring the movement of the boat for fishing on a daily/

voyage basis to be carried out by all Scheme Implementing Officers by

obtaining a voyage trip log sheet from the registered fishing boat owners

as mandatory required and specified in the Form-IV attached to the diesel

Passbook.

V. Eligible maximum quantities of diesel permitted per day/per

trip/per annum for registered fishing boats are prescribed hereunder–

Sl. Type of Length of Diesel per trip Maximum

No. Boat period of permissible

fishing

quantity of

diesel per

annum

(1) (2) (3) (4) (5)

1 Wooden Multi-day 300 litres/day, subject 40,000 litres

mechanized fishing to a maximum of 3-4

fishing boat/ voyage for multi-day

Steel

fishing crafts, subject

mechanized to a maximum, of

fishing boat. 36,000 litres, during

the peak fishing

seasons from June

to September, every

year, as notified by

the Government.

2 Wooden Daily 150 litres per day for 36,000 litres

mechanized fishing the ensuing period.

fishing boat.

748 LA GAZETTE DE L'ETAT [PART–II

(1) (2) (3) (4) (5)

3 FRP boat/ Per day 20 litres per day for 6,000 litres

cattamaram the ensuing period.

Vallam/Nava/

Wooden Nava

above 20 ft.

with diesel

driven

OBM/IBM.

4 Traditional Per day 15 litres per day for 4,000 litres

cattamaram,

the ensuing period.

Nava fitted

with

OBM/IBM.

2. All other conditions stipulated in the earlier notifications vide

G.O. Ms. No. 10/Fy., dated 26-05-2009 shall remain unaltered.

3. This issue with the concurrence of the Finance Department vide

their ID. No. 2435/FC/FD/F3/A4/2022-23, dated 31-03-2023.

4. This order shall takes effect from the date of issue of Notification.

(By order of the Lieutenant-Governor)

S. MURUGESAN,

Under Secretary to Government (Fisheries).

————

749

PART–II] LA GAZETTE DE L'ETAT

ANNEXURE–I

FORM

[See paragraph-vi (IV)]

DEPARTMENT OF FISHERIES AND FISHERMEN WELFARE,

PUDUCHERRY

Monthly Sales Report of the Diesel Sold to Fishermen for Fishing

Activities

Name of the designated bunk :

TIN Number

:

Address

:

Report for the month of :

This is to certify that the above designated bunk authorized by this Department has effected the following sale of diesel to the fishermen in ....................... region.

750 LA GAZETTE DE L'ETAT [PART–II

I certify that the above details were duly cross verified with the records maintained by the above designated bunk and found that they have fulfilled the conditions laid down in the Notification.

Place : DIRECTOR/DEPUTY DIRECTOR/ASSISTANT DIRECTOR Date : Department of Fisheries and Fishermen Welfare

Puducherry/Karaikal/Mahe/Yanam.

ANNEXURE–II

PROFORMA

[See paragraph-vii (IV)]

Monthly Sales Report of the Diesel Sold to Fishermen for Fishing

Activities

Name of the Organization :

Name of the designated diesel bunk :

Address

:

Report for the month of : .................................................

This is to certify that the above designated bunk, viz., ....................... ................................................... (Name of the diesel outlet) authorized by the Department of Fisheries and Fishermen Welfare has effected the following sale of diesel to the fishermen in ......................................... region.

751

PART–II] LA GAZETTE DE L'ETAT

I certify that the above details were duly cross verified with the records maintained by the above designated bunk and found that they have fulfilled the conditions laid down in the Notification.

Place : AUTHORIZED OFFICIAL OF THE DESIGNATED DIESEL

Date : BUNK OUTLETS, PUDUCHERRY/KARAIKAL/MAHE/YANAM.

————

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