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The West Bengal Marine Fishing Regulation Rules, 1995

State Rules of West Bengal · 199364,279 characters of text

The enactment

TypeRules
Year1993
JurisdictionState of West Bengal
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

No.-104 G) Extraordinary Published By Authority VAISAKHA 2} SATURDAY, APRIL 22, 1995 [SAKA 1917

PART -1- Orders and Notifications by the Govemor of West Bengal, the High Court, Government Treasury, etc GOVERNMENT OF WEST BENGAL WESTBENGAL MARINEFISHING REQGULATIONRULES, 1995 NOTIFICATION NO.913-FishAC-W/ 1A-2/90.—24thApail 1995,— inexercise ofthe power conferred by section 25 ofthe West Bengal Marine Fishing Regulation Act, 1993 (West Ben. Act IXof 1993) the Govemor is pleased héreby make the following rules :—

CHAPTER] PRELIMINARY 1 Short title extent and commencement. —

(3) Those rules may be called the West Bengal Marine Fishing Regulation Rules. 1995.

@) They extend to the whole of West Bengal.

@) They shall come into force on22-4-1995.

2 Definations — Ja these rules, unless the context otherwise requires, ~ @) “Act means the West Bengal Marine Fishing Regulation Act, 1993 (West Ben. Act IX of 1993):

4) “chapter, “section * and “clause” mean the chapter, section and clause respectively ofthe Ac;

© "rnp ishing base" means of high hrburo fs ning cer or a fh entingety wher a fing ves. Rormally or mostly operates for marine fishing and the place in relation to which registration and/or fishing, licence is granted to a fishing vessel; ;

(@ "Public purpose” means any purpose having connection with or being connected to — @ improvement, developroent and management of marine fishing or marine fishery, oc @ Supply of fish or fishery products to consumers through marine fishing or from marine fishery, or @@ management and convol of fishing harbour and fish landing centre;

(©) “section” means section of the:Act : ‘ (§ any expression used but not‘defined in this rules shall have the same meaning as in the Act.

61 & a) CHAPTERH . _FRATION OF FISHING VESSEL 3 Registration Of fishing vessel - Own ause ( . Provided, howerver, that 9 counitry craft or a Canoe or acatamaran not intended for fishing in a specified arca shall Me be required to obtain a certificate of registration.

@) Registration of fishinging vessel once made under these rules shall continue to remain in force provided that -@ The owner ull the requirements of section 41) ofthe Act:() the ovnership of the vesse} remains unchanged;(©) principal fishing base for the vessel is not changed@) engine of the Vessel is not replaced + and() basic character ofthe fishing vessel is not altered by effecting matcrial changes in shape or design of the versel,@) Fortte Purpose oF) registration. (ii) transfer of awnership, (iii) Change of principal fishing base and (V replacement . of engine, Assistant Director of Fisheries (Marine), Diamond Harbour and Assistant Director of Fisheries ( Marine), Contai witact as authorised officer in Tespect of fishing vessels with principal fishing base within the juricdiction of 24-Paroanas (ehNorth and South) and Midnapore, respectively, as listed in schedule IV, annexed with these rules,_.._.&!) Owner ofa fishing vessel shall apply to the authorised officer for (i) registration of fishing, vessel, ii) rancfer of ownership,(iil) Change of principal Bshing base and (iv) Teplacement of engine is prescribed forms as stated in the table below -% Table. SI No. Purpose of application Prescribed Form No, L Registration of @ Mechanised fishing Vessel . 5 - - a MFR-I(i) Non-mechanised fishing vessel - . a - - MFR-22 Transfer of ownership of () Mechanised fishing vessel . - . # MFR -4(8) Non-mechanised fishing vessel ee, MFR-S: Change of principat fishing base z . . . - MFR -64. Replacement of engine MFR-75 Prescribed forms referred to in sub-rule (4) of nile 3 will be available in the Office of authorised i officer ca payment ofBisrequisite price as stated in schedule I'annexed with these rules.

ty © Alongwith every application for @ segistration of fishing ‘vessel (fl) transfer of ownership, (ii) change of principal fishing ©: ‘ise and (replacement of engine owner of Song veel hall epasit wih the auborsed offen: peat kent

Provided that if by suitable notification, the fees are revised or by the government, the owner of fishing vesse shall pay suchmet OFmodihed fees, 'y) On receipt of an application for registration fishing vessel, the authorised officer, ater mwsking such enquiry as he mayFP soem fit and having regard to the matters reffered to in section 4 (1) of the Act. Shall register the fishing vessel and maintain particularsjpn! such registration in the relevent register. He well isoue to the owner of fishing vessel a Centificate of Registration in Form No. MFR -3.Provided thatthe authorised officer may, for sufficient reasons to be recorded. in writing refuse to grant regisraton andPF communicate his decision in this regard to the owner of he vessel under intimation to the adjudicating officer.

pe ® Onreceiptofappiication for (transfer of ‘ownership, (i) change of principal base station and ({ii) reptacement of engine," authorised officer, after making such enquiry as he may deem fit, shal! accept the application for the purpose applied for and effectFe mecessary changes in the Certificate of Registration or, otherwise, issue a fresh certificate of registration in Form No : MER - 3 incancellation of the existing one, as the situation shall require :

i Provided that the authorised officer may for sufficient reasons to be recorded in writing, refuse to acoeys the apptication andj communicate his decision in this regard to the owner of the vessel under intimation to the adjudicating officer.

@, as ered ®) The authorised officer may,. ; after pivi, micel certificate of registration of a fishine vacen vee @ ‘has:mi:Owner has TMatsrepresented or Suppressed essential fact w ( 1D) The owner of non. i . : emechanised fishin,written in black on a white i f er Mus!

mn ite base on either side of forebow. Registration Number must be written in English and cach letter must either ex + : 7 isitsten he end Sung) fishing Season will not amount to a change in the registered principal season, the owner of fishing weed es suits toa fishing base other than the registred principal fishing base during a sishing certificate of registration aad also to the anion gs temporry change of fishing base to the authorised officer issuing owner(s) of Fishing vessel shall also BOEESe 8 eer mn whose jurisdiction the changed fishing tase shall come. The registered fishing base. Such ran = ae to the authorised officers, in like manner, about return of f a concemed officers ernie 10 da = trom a ae from and return to the registered principal fishing base shall reach the other thai the Feciaiercd cettect y. mi e date of commencement of the Act. | or casual or occassional visit to a fishing base ns FeBISt principal fishing base by a registered fishing vessel no such intimation will be necessary.

owner offing wanddichbo ea ated oa vessel changes its principal fishing base, as defined in clause (f) of rule 2 the in sub-rule (4), ae | apply in prescribed From No. MFR-6 to the concemed authorised officer as. required

CHAPTER fi LICENSING OF FISHING VESSEL 4, Licensing of Fishing Vessel :

a) No fishing vessel shal undertake any kind of fishing activity without a valid fishing licence granted uncer section 7 Q) No fishing licence shall be granted to a vessel unless the vessel is registered as a fishing vessel fr the purpose of d:e Act.

@) No fishing licence shall be granted to a mechanised fishing vessel uness it is covered by adequate insurance covorace against loss arising out of professional hazards. -

(4) The owner of a fishing vessel, irrespective of whether the said fishing vessel is mechanised or non-mechanised.

shail 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. :

5) Fer the purpose of grant of fishing licence and renewal of fishing licence Assistant Diector of Fisheries (Marine).

Diamond Harbour and Assistant Director of Fisheries (Marine), Contai, wil act as authorised officer in respect of fishing vessels with registeréd principal fishing base within the jurisdiction of 24-Parganas (both North and South) and Midnapur, respectively, as listed in schedule V, annexed with these niles. , ; ;

() The owner ofa registered fishing vessel shall apply to the authorised officer in prescribed Form No. MFR-8 for grant of Bishing liceape or renewal of fishing licence. . 2

(1) -Preseribei Form’No. MFR-8, referred to in Rule 4 (6) will be available in the office of cuthorised officer on payment of requiste price as:stated in schedule 1 annexed with these rules. - _

(8) —_ Alongwith every application for (i) grant of fishing licence, and (ii) renewal of fishing licence, owner of fishing vesel shall deposit with the authorised officer prescribed fee as listed in schedule {1} annexed with these rules : ;

Provided thavif’by suitable notification, the fees are revised or modified by the Government, owner of fishing vessel shall pay such revised or modified fees. . d havi to the matters referred5 ing such enquiry as he may deem fit and having regard to t al@) The authorised officer, After making mes ficence or renew fishing licence and maintain to in sub-section (1) of section 4 and sub-section (4) of section 7 shall grant fishing ee a re vadertaking Mating Penn particulars thereof in the relevant register. He will issue to the owner of fishing vessel a lie ing Fenn No, MER -9 orrenew the existing licence in Forp No. MER-9, as the case may be = 63 SERARSADAABDAOPHHHOANMMOHEANDNERHMRE ROE DORaB bye ~ ishing licence communicate his docs these oe be recorded in writing, refluse to grant fishing licence or renew 8 fishin a , The authorised Officer may after piving the owner: reeontbewna ee Fee Re atiatenine fiesle 2 2 ce we is satisfied ‘that 8 S) aressonable opportunity of being heard, modify, amend or cance!

2 3 . @ the fishing ie Suppressed essential a, whil applying for grant/renewal of fishing ficence, or w licen oF renewal of fishing Wicence: or allowed to be used in contravention of terms and conditions for grant of fishing and communicate his decision in the™ the matter of modification, amen ment remaner of modification, amendment or cancellation of fishing (and communicate his decision & 4 adjudicating officer. cancellation of fishing) licence to the owner(s) of the fishing vessel, under intimation to the 4 £2, i) by Provided that the & and m™ , (1) Unlessrenewed, fishinglicence g uthor!i ® following the date of issue of fishing Yoenoe ranted by the authorised officer will remain valid till the 3 {st day of the month of March ® (12) The owner of & registered fishi, cence and a ishing vessei shall apply under Rule 4(6) to the Authorised Officer for renewal of fiching[ 7 ~ plains fee for renewal of fishing Heence before the date of expiry of fishing linence. “eee a wd a 3 ication for renewal of fishing licence under sub-rulSp " torn of fishing tule (6) rule can be made afler tie date of (expiry of fishing Licence| o. cae for delay ia submission ofapplication at the rate prescribed in schedule INI armexed with these rules:

Loe : vided that noapplication for renewal of fishing Hioence can be made by owner ofa fishi rah aflor expiration of a a) from the date of expiry of fishing licence, ° ” Ota ishing ese areata of2 mors Swit ae Unless application for renewal of fishing licence is submitted by the owner of a fishing vessel to the authorised Officer > “ in the date stipulated in sub-nile (11) any fishing activity conducted by the said fishing vessel after expiration of date stipulated in t) subtule (1 1) shall amount to-unauthorised fishing and the owner of the said fishing vesse! shall be liabte for prosecution under section:

Me 6 read with section 15.

(15) Unless submitted for renewal, fishing licence must always be carried on board the fishing vessel and made available om Bp. . . re ytSD for inspection and verification by an officer authorised-for the purpose.

Rita (16 The owner ofa fishing vessel, holding a valid licence shall submit to the authorised officer a monthly reama in prescribed ~ Form No. MFR-10. within 10 days from the last date of the month to which the report relates.

CHAPTER-IV SPECIFDED AREAS FOR FISHING BY DIFFERENT CLASSES OF FISHING VESSELS

5. Specified areas for fishing by different classes of fishing vessels :

“ @ (a) with a view to regulating fishing by different classes of fishing vessels and having regard ie <:

oy “provisions of section 4, territorial water of the State is divided in 4 fishing zones as shown in table below :

= he . TABLE Chas of fishing vessel Fishing Zone Specifed 4 2 3 Non-mechanised vessel of length on (@ Upto 9 metre Zone A UptosKm 7 Gi)above 9 metre Zone B Upto 20 Km but not below § kn.

3 Mechanised vessel of length :

(i) Upto 15 metre - ZoneC Upto 50 Km but not beow 20 km.

i 3 ahha 15 metre Zone D Beyond 50 han.

wn in coluran 3 of the table denote shortest distance from share line :

ote : Distance in Kms sho' _ > The Government, by suitable notification, may change ar modify the specified area for better management and fishers administration and regulation of fishing. 28 in the specified area of shine.

‘The auth ised officer shall issue fishing licence in Form No. MFR-9 indicating there:

@) : jo Be i ‘conducted from or by a fishing vessel outside the spec ) ° i altumount to fishing without a fishing licence and the owne fishing licence for proceution ified area mentioned in the shall be liable Of the said vessel shi section 6 read with section 15.

64.

«,- (1) The authorised officer shall allot a name to every mechanised fishingvessel in course of its regis . a a fishing licence has De?provided, thata fishing vessel, while proceeding to or retuming froma specified area in respectof which : fishing £04want tothe said fishing vessel, may pass through any area other than the specified area without causing any damage to ia nckels or another fishing vessel set for or engaged in fishing with a valid fishing licence for that area.

CHAPTERV AUTHORISED OFFICER Authorised Officer ;

tra tion pnder section 9 and the nante so alloted shall not be allotted to another mechanised fishing vessel in course © tis registration,

Provided that when registration of e mechanised fishing vessel is cancelled, the name allotted to the fishing vessel whose registration stands cancelled, may be allotted to another fishing vessel.

t allot only@) No non-mechanised fishing vessel shall be-allotted a name, The authorised officer shal registration number at the time of registration of a non-mechaniscd fishing vessel.

G3) The authotised officer shall, besides consulting the register of fishing vesse!s maintained at bis . ¢ "ER Land satisfy himcelloffic obtain from his counterpart referred to in schedule I'V a report in Part Hl of Form No. MFR about the availability of the proposediname for the purpose of allotment.

{4) The authorised officer shall send, within 7 days from the date of its receipt in his office, the application form to bis counterpart r fetréd to in schedule [V for report in part III therein. Any delay in this matter shall have tc be accounted for.

ES) Every report in Part If of Form No. MFR I shall be sent be sent by the reporting 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.

(6) The authorised officer, after receiving back the application form with Part-HI thereof duly filled in, 1 take, within 7 days, appropriate action towards registration of fishing vessel or otherwise as he may deem fit.

(7) In the case of an application for transfer of ownership involving change in the registered name of a mechanised fishing vessel, the procedure laid down in sub-rule (4), sub-rute (5) and sub-rule (6) of rule 6 shall be followed mutatis mutandis.

(8) The authorised officer shall maintain a register of applications received at his officer for registration of g vessels, transfer of ownership of fishing vessels and replacement of engine of mechacised fishing vessels, shal fishin ‘ in such form as the State Government may determine.

8) The authorised officer shall maintain seperate registers for mechanised fishing vessels and nenmechanised fishing vessels in such forms as the State Government may determine.

(10) The authorised officer shall maintain a register of applications received at his office for grant/renewal of fishing licence in such form as the State Government may determine.

(11) The authorised officer shall maintain registers for grant or renewal of fishing licence for mechanised fishing vessel and nion-mechanised fishing vessel seperately in such form as the State Government may determune.

— (12) The authorised officer shai! inform the applicant(s) as well as the adjudicating officer every order of refusal ~

(a) under the provision to sub

(6) —_ undertheiprovision to sub-rule (8) of rule in the matter of tra enginejofafishing vessel.

(13) ° The*authorised officer shall inform the appli undersub-rule (9) of rule 3 in the matter of mo registration.

(14) The authorised officer shall inform the ap sub-rule (9) of rule 4 of refusal in the matter of grant of ft

(15) The authorised officer shall inform the app!

sub-rule (10) of-rule 4 of modification, amendment or cance -rule (7) of rule 3 in the maiter of registration of fishing vessel, and asfer of ownership and replacement of cant(s) as well as the adjudicating officer every order dification or amendment or cancellation of certificate of plicant as well as the adjudicating officer every order under shing licence or renewal of fishing licence.

icant as well as the adjudicating officer every order under Ilation of a fishing Sicence.

65 a AR a mh Pm Fm 2 @ we enTE ga CO TheAssistant Director of Fisheries (Marine), Diamond Harbour, and the Assistant Director of Fisheries (Marine)Contai and such other. Officer(s) as may be authorised by either of them for the purpose, shall have the pawer to enter into afishing vessel for inspection ;

Provided that such power to enter a fishing vessel for the purpase of inspection shall not be delegated to any officer below the rank of District Fishery Officer.

7) TheAssistant Director .,, Contai, shall act as authorised officer j “17.

of Fisheries (Marine), Diamond Harbour, and the Assistant Director of Fisheries (Marine), in the matter of discharging duties under sections 15 and 16 and subsection (1) of section

(18) In the matter of impounding a fishing vessel with its fittings and accessories on board or seizure of fish found onboard, in exercise of the power conferred by section 15, the authorised officer shall prepare a seizure list, in triplicate, and obtain* ‘Signature thereon of the owner of the fishing vessel or any crew of fisherman of the vessel available at the time of such% impounding or seizure and deliver acopy of the seizure fist to the persor signing it:

Provided that when neither the owner ofa fishing vessel nor any crew or fisherman of the vessel is available for signingthe seizure list, or when neither the owner nor any crew or fisherman of the vessel agrees to sign the seizure list, the authorised, oficer shalt obtainsignature of any crew of fisherman of nearby vessel or any other witness found nearby. The seizure list and“such signature of withness of the seizure list shall be deemed valid and effectual evidence for the purpose of the Act and the rulesgp, Made thereunder.

“a (9) The authorised officer shall report to te adjudicating officer within 7 working days from the date of comoot OF the act of every incidence of — Sp sapoudingot {suing vessel and seizure of fish under section 15 andb) disposal of seized fish under sub-section (2) of section 16.

0) The authorised officer shall consult concemed Zona! Deputy Director of Fisheries before disposing of any fish"Seized under section 15 and, thereafter, arrange for disposal of seized fish in the manner as directed by the said Zonal DeputyDirector of Fisheries : ,

Provided that if, in the opinion of the authorised officer, such consultation will cause dealy leading to deterioration af” 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 of the fish by public auction and remit the sale proceeds to the Treasury in ue form ofRevenue Deposit :

Provided further that every incidence of disposal of fish by public auction without consulting the concerned Zona!Deputy Director of Fisheries shall be forthwith, reported by the authorised officer to the adjudicating officer attributing thereason(s) for disposal fo fish by public auction, under intimation to the concemed Zonal Deputy Director of Fisheries.

@1)} The authorised officer shall submit periodic report(s) of offences committed under any section by che owner(s)of fishing vessels to the adjudicating officer in such form(s) as may be prescribed.

2) The authotised officer shall communicated carry order issued by him under sub-rules (7), (S)and (9) of rz 3 anduub-rules (9) and (10) or rule 4 by tendering a copy therof signed by himself to the owner of fishing vessel or his authorised agent,free of cost,

CHAPTER VI ADJUDICATING OFFICER Adjudicating Officer :

(1) The Director of Fisheries, West Bengal, Shall act as the adjudicating officer in all matters pertaining to any action WMaken by the authorised officer tinder any provision of the Act. ° Q Inidischarging his duties as adjuticating officer, the Director of Fisheries, West Bengal, who shall be assisted at"the Directorate Office by the Deputy Direcor of Fisherics shall assign the duties and responsibilities of dealing with the matterspertaining to marine fisheries. Besides, the adjudicating offcer may take assistance of the concemed Zonal Fisheries as and when necessary.

@) The adjudicating officer shall have jurisdiction, in general, over ail matters relevant te the Act and, in patticular.

over all disputes occasioned through any order issued or any action taken by the authorised officer in the matter of —

(0) refusal in granting registration to a fishing vessel under sub-section (3) of section 9, read with sub-rule (7) of rule 3.

Deputy Director of 66 agerived by any authorised officer under any Provision of the Act or under any Provision ofO The adjudicating Officer shall hold caquiry and try all disputes in Caleutta ;Provide {that . ‘ @ ifia’ the opinfon ofthe adjudicating officer, an cnquiry or trial ina place other than in Calcutta vail be advantageous for ‘a, meeting the cads of justics of :

@ if the adjudicating officer, On an application of the Party aggrieved by an order or action of the authorised officer is soistied thot attendance Of the aggrieved party, either in Person or through an authorised agent, during the course of enquiry or tra! atCalcutta wil eause undue hardshin to the agerieved party, 2 ,ij © White holding an enquiry or conducting a triali powers vested in him under sub-section (1), and sub-section (2),E ing officer shall dispose of an application within 60é beyond his control, the adjudicating offii , if situation. so demands in future,i ®) The adjudicating officer shall issue order under section 18,; The adjudicating officershal! Teport to the appellate authority every order issued by him under section 18i ng Cermmanicate every onder issued by him under section 18 by tendering a copy thereof:

‘Of fishing vessel or his authorised agent, free of cost.

CHAPTER VII" oo APPELLATE AUTHORITY8 Appellate Authority ;.

() The Secretary to the Government of West Bengal, Depertment of Fisheries, shall act as the appellate authority for thePurposes of the Act and for tha purpose ofhearing any matter within the perview of the Act.@ Such officer of the State Government as that Government may appoint in this behalf shall act as the Secretary to theappellate authority.

8) The Appellate authority shall further be assisted by such other officer(s) of the Deapartment of Fisheries as the Statej Goverment may, by suitable notification, from time to time, appoint for the purpose.

® — Whileholding an enquiry or tyring any dispute, the appellate authority shall exercise the powers vested on it under sub-Section (I) and sub-section (2): of section 21, MISCELLANEOUS

9. Appointment ofAgent;-

(1) (a) The owner(s) of 2 fishing vessel may appoint an agent to represent his/their interest in the matter of -

(6) Appointment ; .appointment ofa. en of an agent for the Purpose, as aforesaid, shall be made by the owner(s) of the fishing vessel anginsuch manner shall be deemed to be valid and effectual for the purposes of these Rules and also the Act(2) Applicat .“hie ia enn for appointment of an agent, as provided for in sub-rule (1) of rule 9 shal! be made in prescribedoNnly One agent can be appointed for any one of the four items appearing below sub-rule (1) of rule 9.(3) Any direction or instruct: .. Y direction or ction or order issued by or served by authorised officer or adjudicating officer or appellate The a Order j i . jor issued by him to the appointed agent, when such an agent exists, or to the owner(s) of the fishing vessel, free of cost. Onan icati , : . . ‘ eiapplication having been made in this regard, the appointed agent or, in the absence of an appointed agent, the owner(s) of the +F%fishign vessel may receive additional copy of such order on payment of Rs so fer Copy.

It. Service of lastruction or direction or order ;

en Q) Any. instriction or direction or order of the authorised officer or the adjudicating officer or the annellate authority Shail be communicated to the appointed agent, if one such agent exists, or to the owner of the fishing vessel, by tendering a copythercof duly signed by serving officer :

Provided that when there oxists more than one owner, such coramunication shall be made to all the owners of fishingvessel, individually and seperately,

(2) Such communication of direction or instruction or order shall be made in either of the two means, namely : ~

(a) through personal service from the office of the serving officer after obtaining acknowledgement of receiptendorsed on the office copy of the direction or instruction or onder, as the case may be or :(b) through postat service with acknowledgement due.

(3) When an acknowledgement purporting to have been signed by the appointed agent or by the owner of thefishing vessel is received back by the serving officer of the postal article containing the instrument is received back bythe serving officer with an endorsement Parproting to have been made by a postal employee to the effect that the addresse has refused to take dalivery of the postal article the instrution or the direction or the order shall be taken to havebeen served on the addressee of the postal article. ;

(4) The authorised officer or. the, adjudicating officer or the appellate authority, as the ccse may be, may direst communication of any instruction or direction or order through both personal service and postal service :

Provided that iothing in these rules shall devolve on the serving officer the responsibility of effecting such communication through ‘both perosnal service and postal service.

12. Submission: of appeal application :

(1) 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 -

(2) an adjudicating officer excepting from an absolute order of authorised officer, or

(6) > an appellate authority excepting from an absolute order of adjudicating officer,

(2) _ Every application for appeal shall be submitted before the competent authority by —

(a) the owner(s) of the fishing vessel, or

(b) an agent, appointed for the purpose, by the owners(s) of the fishing vessel :

Provided that no appeal application shall be maintainable unless accompanied by an application in From No. MFR 11, duly filled in by the owner(s) of the fishing vessel.

(3) 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(s) of the fishing vesssel either directly or through appointed agent : .

Provided that the.authority, before which an appeal application has been presented, may entertain an appeal after 68 ing able to prefer the appeal within the Stipulated oeriod seed thatthe ¢ ) Ever y application for appeal shall comprise —

(a) ) one certified copy of the order (obtainable from author ised officer or adjud cating appellant had bonadfide grounds for not

(0) one application stating —

(i) ground (s) of appeal,

(ii) relief prayed for and,

(iit) justification and / or reasons for delay in preferring appeal;(c} one application for appointment of agent in From No. MFR

Provided t Wi icati i i w T; 0 days, referred to val hat ; hen an application for appeal is submitted ithin the stipulated period of 30d ys, re tin sub-rule (6), the provisions of sub-clause (iii) of clause (ii) of sub-rule (4) shall not operate

(d) receipt sho ing, ‘dey i ty or i s Wi] posit of penal or fine imposed a ~ ir jucicats , . : a f poses by n order, appealed against, of the adjudicatin “Al:

Provided that when an application for appeal against an order of the authorised officer ishiedinae resented beforethe adjudicating officer, the provisions of clanse (d) of sub- .tule (4) shall not operate:

; rovites further that when the appeltete authority, on an application having been made in this behalf, and inexercise of the power conferred by sub-section (2) of section 19, has dispensed with the deposit of penalty or fine by the owner(s) of fishing vessel prior to prefering appeal, the provisions of clause (d) of sub-rule (4) of rule 12 shali not operate.

{3. Enquiry by the adjudicating officer under section 17 ;

(1) On receipt of a report from authorised officer or from any other source about violation or contravention of any of the provisions of the Act by the owner (s) ofa fishing vessel or by crew and / or fishermen on board the fishing vessel, adjudiating officer shal! examine validity of the report within the perview of the Act end satisfy himseif-aboutthe act of violation or contravention of the Act, as reported,

(2) If, on examination, it-appears that there exists, prima facie, an instance of violation or contravention of the Act, adjudicating officer shall proceed for enquiry into the matter :

Provided that the adjudicating officer shall not proceed for enquiry into the reported matter if he is satisfied that violation or contravention of the Act is —

(a) due to ignorance of the owner(s) or the fishing vessel or the crew or the fishermen on board the fishing vessel and not wilful, and :

{b) arising out of a situation beyond control of the owner(s) of the fishing vessel or the crew or the fishiermen on board the fishing vessel.

(3) 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(s) of the fishing vessel or to his/their appointed agent if one such agent exists, directing appearance before the adjudicating officer.

(4) A notice under:the sub rule-(3) shall be served in Form No. MFR.12.

(5) Should a situation so require the adjudicating officer shall fix subsequent date, time and place of hearing and declare the same in presence of the owner(s) of the fishing vessel of ite appoinied agent.

(6} The adjudicating officer may adjourn cr postone hearing if he considers it necessary.

(7) The adjudicating officer shall direct the authorised officer to navel to Siete competent officer subordinate to him on every date of hearing, for the purpose of facilitating disposa! of the issue. ;

Fi ing enqui der section 17, the adjudicating officer shall, apart from considering writ.

(8) While holding enquiry un n the fishing véssél OF BSG Nesta <cither ten Statement(s) is defence, give every opportunity to the owner(s) 0 personally or through appointed agent.

9) The adjudicating officer, after satisfying himself about service of notice under sub-rule (3) read with 69 (0yang feceipt.thereof by the concemed party, may decide the issue ¢x-parte and pass n the point (s) at issue.

(10) While Serving a notice un adjudicating officer sh:

14, der sub-rule (4) or communicating an order issued under section 18, the all follow the procedure laid down in rule 11.Hearing of appeal application :

becctne main ee aration preferred in violation of procedure laid down in rule 12 shall not lie and does not and infrom th _ esuaieating officer or Appellate authority, as the case may be, shall reject such applicationom the appellant, accordingly, stating the ground of rejection :

fem oe me a the authority before which the appeal has been referred, is satified that the diveation affect th Proce dure fai i down in rule 12 does not alter the merit of the appeal application or does not materiallyot the spirit of the stipulations laid down in rule 12, the authority may ignore the defect and accept the appeal application after passing necessarty order in this regard.

(2) An appeal application found on scrutiny as maintainable will be head by adjudicating officer or appellate authority, as presscribed in sub-rule (Dg of rule 12.

(3) ; The appelllant will be served with a notice directing appearance during hearing of eppcal applicationat the specified time and date and place, either personally or through an appointed agent.

(4) Such notice for appearance will be served on appointed agent in prescribed Form No MFR-13 or, when served on the owner (s) of fishing vessel, in From No. MFR.-14.

(5) In the matter of serving notice in either Form No. MFR-13 or Form No, MFR-14 the procedure laiddown in rule 11 shall be followed.

(6) In hearing an application for appeal or issuing an order thereon, the adjudicating officer or the appellat 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.

Schedule I LIST OF STANDARD FORMS AND PRICES THEREOF (See rule 3(4), 4(6), 4(9), 4(16), 9(2), 13(4), and 14(4) of West Bengal Marine Fishing Regulation Rules, 1995) From Particulars Price in Number Rupees MFR - | Application for registration of mechanised, fishing vessel MFR - 2 Appication. for registration of non-mechnaised fishing vessel MER - 3 Certificate of registration of Fishing vessel Nil MFR- 4 Application. for transfer of Ownership of mechanised fishing vessel.

MFR - 5 Application: for transfer of Ownership on non-mechanised fishing vessel MER -'6 Application: for change of principal fishing base _- MER - 7 Application for replacement of Engine MFR - § Application for grant/renewal of fishing licence MFR - Licence for undertaing fishing activity - Nil MFR - 10 Monthly return of fishing vessel. Nil MER - 11 Application'for appointment of agent .

MFR - 12 Notice for settlement of issues Nil MFR - 13 Notice to agent for appearance Nil MER - 14 Notice to Owner of fishing vessel for appearnce Ni Note - 1, Price are subject to-revision by the Government 5 Form No, MFR-10 will be issued by the authorised officer free of cost as speciment copy along, with Tioence in 70 Description of fishing vesse} Transfer Changeoi Replace ‘a Piincipat of engine Ownership fishing b.

Propelled by an engine.

@ Upto 15 metre length @ above 15 metre lenght2 Non-mechanised country craft powered by-bars and sails, @ Up to9 mete length.

Ni@) above 9 metre length.

Ni Note:=1, When change of Principal fishing base is occchange of principat fishing base, ..

'2 The rates are subjectto revision under rules 3 (6) of West Bengal Marine Fishing regulation rules, 1995, . SCHEDULE FEES PAYABLE FOR FISHING LICENCE, RENEWALOF FISHING LICENCE AND PENALTY FOR DELAY INRENEWALOF FISHING LICENCE (See mule 4(8) and 4(13) of West Bengal Marine F ishing regulation Rules, 1995) Description of fishing vessel Fishing licence /renewal Penalty for delay ix renewal of fishing licence for every month of a part of a month.L Mechanised fishing vessel powered and propelled by an engine.

6) Upto 15 metre length @ above 15 metre lenght 2 Non-mechanised country crafts powered by ears and sails, 0 Upto 9 metre length ° @ above 9 metre length Note: | Renewal of fishing licence is not admissible after expiration of 3 months fom the date of expiry of fishing licence.

2 The rates are subject to revision under rule 4 (6) of West Bengal Flishing regulation Rules, 1995.

SCHEDULEIV LIST OF OFFICERS EMPOWERED TOACT ASAUTHORISED OFFICER IF RESPECT OF REGIST Neornemns FER OF OWNERSHIP, CHANGE OF PRINCIPAL FISHING BASE AND REPLACEMENT OF ENGINE FISHIN no, VESSEL (See rule 3(3) of West Bengal Marine Fishing Regulation Rules, | 994) to 1 For fishing vessels with principa; fishing base within Assistant Director of Fisheries, (Marine), the jurisdiction of South 24-Parganas and North Diamond Harbour.

“ fishing soe wiieinna fishing base within Assistant Director of Fisheries, (Marine), the jurisdiction of Midnapore' District. Contai, 71 casioned through transfer of Ownership no fees are seperately pavalric fo RIN RESPECT OF GRANT OF FISHING LICENCE ngal Marine Fishing Regulation Rules, 1995) Assistant Director of Fisheries, (Marine),South 24 Parganas and North Diamond Harbour.24-Parganas District, ,For fishing vessels with principalfishing base within Assistant dire isheri i igi v ‘or of Fisheries, (Mathe jurisdiction of Midnapore District, eeeContai, RORM No.~MFR } Application for Registration of Mechanised Fishing Vessel . Seerule 34) of West Bengal marine Fishing Regulation Rules, 1994} Serial No. ‘ Price i RsOffice of issue Date of issue :

PARTI To be filled in by owner(s) of vessel To ‘The Assistant Director of Fisheries (Marine) Diiwarncasong soe Si, With reference to section 9{1) of West Bengal Marine Fishing Regulation Act, 1993, read with rule 3(4) of the nutesframed there under, I/We apply for registration of a fishing vessel, Necessary Particulars for this purpose are furnishedbelow:

1, Name of owner (b) :

2 Father's Name(c) :

3. Present address (d) 4 Particulars ofhull :

(0) Manner of acquistion (e) @) Construction Material (f)

(i) —_— Principal dimensions (in meter) Overall Jength Maximitm bfeadth Draught

5. Particulars of engine a) Brand name @ Model Nameand / or number Gi Engine number

(vi) Horse power & Year of acquisition / cons' traction of hull Year of acquistion of engine= & Cost details 7(Rs.)

Hall Engine Other cost Total :

9 Name of principal fishing base (g)

10. Type of fishing (h) it. Name of Fishing vessel (i) @) &) © @) 12, Gross tonnage of vessel ° ’ Registration fee amounting to Rs. :Rupees( has bee:

paid vide Mon 4 aaat ey Receipt Ne. Dated Which is enclosed herewith for verification and return Date:

Yours faiiiifully Place:

. Signnature of owner(s) Verification 1/We certify that the particulars furnished in this applicati; application are to the best of my/our knowledg tL We shall remain responsible for validity of the said particulars. —————— VWe have understocd all the provisons of the Act (k) and Rules and orders issued under the said Rules and agred to abide by them.

I/We agrec and accept that the authorised officer shall reserve the right to cancel registration of fishing vesse, if ft is found that 0) the partifulars furnished in the application are meterially incorrect, or ®) The vessel has been engaged in

(a) Contravention of the provision(s) of dhe Act and rules, and

(b) any commercial activity not connected with fishing.

Date:

Place: Signature of owner(s) ipal fishing base vide eolumn No. 9.

Note : ~(a) Application should be submitted fo the authorised officer in the princi &) When a vessel is. owned jointly by more than one person, names ofall the owners and their corresponding father’s name and present address respectively, should be furnished seperately. In such an event all the owner should sign the application and verification both.

oo

(c) When a vessel is owned by a "Company" 25 defined and explained in section 22(2, ‘@ Evidence, to the satisfaction of authorised officer, is necessary. 7 ted under direct supervision after

(e) State wheter a complete hull has been purchased or the hull has been construc purchasing the materials used in construction.

() State the principal component () State name of principal base with reference to its defin ' a) State ‘type of fishing’ in relation to fishing gear or tackle e.g. 8 purse seining, hook and lining, etc. — : subject 10 0 Suggest4 names inorder of preference. Subjec' aifcore Hisksenenaion keeping in view the order of preference of owner. If none of the 4 na the authorised officer wilt ask for farther names.

of the Act, this is not necessary.

like wood, steel , glass fibre etc.

ation in mule 2 (e) of the Rules.

Inetting, fixed bag netting, trawling availability for the purpose of allotment t he authorised mes is available for allotment, 73 —__ fs 10) Registrati _ : ‘2istration fee sho 5 a & uld conform with the rate prescribed in rule 3(6) of the Rules .

{ 4 The expressions “ top Regulation Ac, 1993" ms “Act and “Rule” where i and "We . erever occur in thi icati " “ \ est Bengal Marine Fishing Regulation ager eesti ida, CtIVELY,.

Tobe filled in by authorised officer and airsent to Assistant Director of Fisheries (Marine), Diamond Harbour/Contai for report in Part 1 “Memo No.

ToPi eh ;

Dated. enrnssncerrnseeenet sistant Director of Fisheries (Marine) ment on the names proposed vide coltunn No, 11 in Part! of the application, Assistant Director of Fisheries (Marine) Diamond Harbour/contai.

tobe filled ; PART HY ‘0 be filled in by reporting officer (For Part I!) and returned back to authorised officer.

Memo No. ) To : =, The Assistant Director of Fisheries (Marine) endto other fishing vessels. Further nemes L All the names proposed in column No. 1} jn Part Ihave been alloted from this may be suggested.

2, The name(s) vide column NO. VY csssssecesenessesees in part | has/have been allotted from the end to other fishing vessel(s) and the remainingname(s) is/are available for allotment.

3. A}fotment ofthe name vide column No.! Lccerpaeemseeyilt Patt, 1€ oe nis being keptin abeyance at this end for

2. allotment to this fishing vessel. be intinrated in Form No. MER-3 for record 4 Particulatrs of registration in respect ofthis fishing vessel may , & This disposes your memo No. Dated Assistant Director of Fisheries, (Marine), Diamond Harbour! Contai.

e irom Nos. 2, 3, and 4.

Hotment, reporting officer should delet ames is available for a m No. | when necessary.. |, When none of the 4q Nate 2 Reporting officer should score out ite!

3 When more than-one name is available for attotment, reporting officer should report only the first name 1?

order of preference of the owner and fill in item No. 3 accordingly.

PART IV Notesand Ordersof authorised officer 1 Verified and confirmed receipt of Registration fee vide Monty Receipt No Dated as stated in the application.

i for registration of fishing vesel.

— > scene aed j i i if £ Registration. under intimation to the reporting officer in Part IHLand issue Cert! ‘cate of Reg!

3, Alot name as stated byt Tne, in Form No NERS:

i « aetreate of Registration bin EO & the Moncey Receipt towards deposit of Registration fee along with the Certificate o a Return bac ~2ds adjudicati i A ion of application stati .Judicating officer, as required under rule 3(7), “pplication stating rounds a8 recorded in item 5 above under intimation to the (any other order), Date:

Signature of authorised officer Note: 1, Authorised Officer must del i i ispecific, elete the items appropriately under his dated initial so that his order becomes clear and2 Ifthe vesselis owned joiJoinuly by more than one person, articles ide i ifirst : es 8 i n, articles vi itern No.4 in Part IV be retumed fi ist named in the application form and orders, ifany, of; authorised officer be communicated to him “ows cl FORMNO.MFR2 APPLICATION FORREGISTRATIONOFNON-M ECHANISEDFISI RNG VESSELSoe rute3(4) of West Bengat Marine Fishing Regulation Rustes, 1998) Serial No, :

Price: Rsice: Rs.Office of Issue sen .

Date of issue ‘ PART!

‘To befilled in by owner(s) of vessel To The Assistant Director of Fisheries Marine (a) Sir .

With reference to section 9(1) of the West Bengal Marine Fi ishing, Regulation Act, 1993, read with mule 3(4)of the Rules framed thereunder I/We apply for registration of a fishing vessel. Necessary particulars for this purpose are furnished below :

I Name ofowner(b) 2 Father’s namefe}

3. Present address{d) 4 Particulars ofhull

(0) Manner of acquisition (e) @ Principle dimensions in metres Overall lenght Maximum breadth Draught :

5 Year of acquistion/construction of hull 6 Cost details{Rs.} Hull:

Other Cost’:

Total :

1 Name ofprincipal fishing base(f) Type of fishing (2) Fe ares SSE } Registration fee amounting t0 RS......-..ersned ; eae ie ATE... oosesscssseone which is enclosed herewith for verification and retum thereafter.

Jonly has been paid vide Money Revetipt NO. secsscerecccseessearesseee Yours faithfully, Date :

Place:

Signature of owner(s) We certify that the particulars fumished in th VERIFICATION shallremain responsible for Validity of the said aie ication are, to the best of my/our knowledge, correct and declare that ’We 2 UWe have undlerstood all the proviProvisos of the Act (i) and Rules and the orders issued under the said Rules and agyce to abide bythem.

Ey UWe agree and: accept that the authori: i@ The pariculne feng Trenn wen shall TEE ihe Nght to cancel registration of fishing vessel if it is found that.

@ the Ves ben ena is tcation are materially incorrect, or {2) Contravention of the proviso(s) of the Act and Rules, and _ (b) any commercial activity not connected with fishing.

Pie:

Signature of owner(s) Note :(a)Application should i i i iGries asalisameck proaiiie to the authorised officer in relation with the principal fishing base vide column no. (7).

pintado eeqmatvely sore i iyiy more than one person, names of all the owners and their corresponding father’s name and tion both, : furnished separately. In such an event all the owners should sign the application and verifica- <! i ”©} When a vessel is owned by a “Company” as defined and explained in section 22(2} of the Act, this is not necessry.

(} Evidence, to the satisfaction of authorised officer, is necessary.

() State whether a complete hull has been purchased or the hull has been constructed under ¢ purchasing the materials used in construction. a (9 State name of principal fishing base with reference to its defination in rule 2 (c) of the Rules.

® State ‘type of fishing’ inrelationto fishing gear or tackle e.g. gill netting, fixed bag netting, trawling, purse seining, hook and lining , etc.

(h) _ Registration fee should conform with the rate prescribed in rule 3(6) of the Rules.

@ The expressions “Act” and “Rule” wherever occur in this application form denote “West Bengal Marine Fishing Regulation Act, 19 and “West Bengal Marine Fishing Regulation Rules, 1995”, respectively.

vater PARTIT Notes and orders of authorised officer Verified and confirmed resceipt of Registration fee vide Money Receipt No... nnn dated...» as stated in the application.

iP Ds Accepted application for registration of fishing vessel.

3. Issue Certificate of Registration.

4 Renum back the Money Receipt towards deposit of Registration fee alongwith the Certificate of Registration.

4 ‘Application for registration is rejected on the following ground(s).

6 Inform applicants about rejection of application, stating grounds as recorded in itemn 5 above under intimatios to the adjudicating, officer as required under rule 3(7) PH nenctesnsantnesvatnatent (any other order) Date:

Signature of authorised officer, Note: 1. Authorised officer must delete the items appropriately under his dated initial so that his order becomes clear and specifie. q : 2 Inthe vessel is owned jointly by more than one person, articles vide item No. 4 of Part I! should be retummed to the person :

first named in the application form and owners, ifany, of authorised officer should be communicated to him.

FORM No. MFR3 i CERT! IFICATEOFREGISTRATION OF FISHING VESSEL < (SSUEDUNDER SECTIONX1)OF WEST BENGAL MARINEFISH INGREGUATIONACT, 1993) I Registered name (for mechanised vessel only) 2 Regiswation number 3 Year of registration 4 Name(s}of owner(s) 4 Address(es) of owner(s) 6 Principal fishing base 7, Type of vessel & Description of vessel

(3) Construction material

(ii) Overall length

(iil) Maximum breadth

(iv) Draught For mechanised vessetonty S Gross tonnage

10. Particular ofengine

(i) Brand name

(it) Model name and / or numbers GH) Engine numbers

(iv) Horse power Previous registration issued to this fishing vesselvide Registration numbers ...

of est Pengal Marine Fishing, Regulation Rules, 1994. (Strike off ifnot applicable).

lastruction — 1 Mechanised fishing vessel must prominiently display registered name close to the port side and sizsboard sidolamps. Seenale 3(10) for forther details). - 2 Non-mechanised fishing vessel should prominently display registration number on either side in the forebow. rule 3(11) for further details). :

has been cancelled in terms of rule 348) Official Seal Signature of authorised officer Date Note — foritem No. 7 write either (i) mechanised fishing vessel or (ii) non-mechanised fishing vessel as the case may be.

Memo No.

Dated (Not required when appliction relates to registration of non-mechanised vessel).

Forwarded to the Assistant Director of Fisheries Marine... for record.

Thisdisposeshismem0 (0) —----n-ecesrerns dated.

Oficn! :

Daie: ; ;

Nate — (a) To be sent to the same authority who filled in Part fl of the application form in respect of this registration.

(3) MemoNo. (and date) or reporting officér used in Part I! ofthe application form.

Signature of authorised officer oe FORMNO.MFR4 APPLICATIONFOR TRANSFER OF OWNERSHIP-OF MECHANISED FISHING VESSEL (see rule 3(4) of West Bengal Marine Fishing regulation Rates, 1995) Serial No.

Office of Issue Date of Issue :

PARTI To be filled in ny owner(s) of vessel To The Assistant Director of ‘Fisheries. (Marine) (@) * 994, Ave apply for transfer of ownership of fishing ai Marine Fishin, Regulation Rutes, I ;

Sent i = JWealso, apply for changing the name of vessel With reference to Rule 3(4) of West seese!] bearing Registrat jon MUMDET «ee and carrying registered Name ...

77 . ‘ UWe have acquired awnershi _ Fxq. OWnership of the fishi ca Of the fishing w e” pert ing se ~ ig vessel ftom the registered owners) and he/they has/have consented to transfer of Change the principal fishing base of the fishine, IS VESSEL FLOM .saecesntneeee in x ints Oainn, i<p Goria) Se —— —“sc. Necessary particul pia ia: lars for the purpose i sem)| : Name ofownert) e pl are furnished below :

‘ . Father's Name(e) : 3 Present address(d) ‘ Name of fishing vessel(s) Name of |fishing vessel{f)

(a) ) ©) @ Preserio ? Teseribed fee(g) for the purpose as aforesaid amounting to Rs. ....... Rupees Sag ert ctstteecnanenseesiutnennssnemeneesy only has been paid vide Money Receipt No. Petes ov Receii istrati i iVv Receipt of Registration ofthe fishing vessel aré enclosed herewitha vs \ We certify that th I secaae nat the particulars furnished in this application are, to the best of my/ knowlded: sTectand declan _* lAve shall remain responsible for validity of the said particulars. inl : 2 7 ten have understood ail the provisions of the Act(h) and Rules and the orders issued under the said Rules and agree to abide “ety 3. We agree and accept that the authorised officer shall reserve the right to cancel registration of fishing vessel if it is found that @ The particulars finished in the application are materially incorrect, or ™=D (@® The vessel has been engaged in “ay (a) contravention of the provision(s) of the Act and Rules, and

(b) any commercial activity not connected with fishing.

4 Date :

~"Phice:

Signature of owner(s) asso Note ~-(a) Application should be submitted to the authorised officer in relation with the principal fishing base vide column Ne.

—S principal fishing soos (b) When a vessel is ovmed jointly by more than ene person, names of all the owners and their corresponding father’s name and present address, respectively, should be furnished seperately. In such an event all the owners should sign the application and verification both.

' A «) When a vessel is owned by a “Company” as defined and expalined in section 22 (2) of the Act, this is not necessazy’ “ (d) —_ Evidence; to the satisfaction of authorised officer, is necesary.

(© Statename of principal fishing base with reference to its defination in rule 2(¢) of the Rules.

vailability for the purposet of allotment authorised officer will allot wal {Suggest 4 names in order of preference. Subject to a “gone name keepingin view the order of; pref ofowner, Ifnone of the 4 names isavailable for atlotment authorised officer will ask for A further names.

.

@® Prescribed fee should conform with the rate prescribed in nile 3(6) of the Rules. oe this application form denote “West Bengal Marine Fishing oo (ht) = The expressions “Act” and "Rules" wherever octur in ot Regulation Act. 1995" and "West Bengal Marine Fishing Regulation rules, 1995 respectively.

worl CERTIFICATE te To be filled in by the transferrer(s) wvumbes ” “ a re . . . . m he!

ee i have transferred right, title and interest in respect of the fishing vessel bearing Registration | fw Conitn’ Be ane tothe present applicant(s) and declare that I/We have not objection in wansfer and ing Registered Name a eaeeeeee ANG CAITYIN + in the name(s) stated in the application.

ad of ownership of the said fishing vesse OD Date :

iy 78 oe Signature of transferrens) é “e PARTI To be filled in by authorised officer and sent to Assistant Director of Fisheries (Marine) Diamond H: c fMemo No. arbour /Cintal for reportin Part HI Date:To The Assistant Director of Fisheries (Marine) lease report in Part III of the application form appropriately, Certificate of Registration is enclosed for cancellation asnated in rule 3 (8) of the rules, if transfer of ownership applied for is accepted at his end.ote ~ Catt land Part fl are not necessary when the application does not necessitate a change in authorised officer andno change in the name of fishing vessel has been aplied for.

’ PART Ul To be filted in by reporting officer (for Part Il) and returned back to authorised officer Memo No. Dated :

d Director of Fisheries (Marine)

1. There is nothing adverse on record which may impair transfer of ownership applied for. Transfer of ownership is accepied in cancellation of existing registration as required in rule 3 (8) of the Rutes.

2: Cretificate of Registration, duly cancelled at this end, is returned.

3, All the names proposed in column No. 5 in Part If have been allotted from this end to other fishing vessels Further names may be suggested.

4, The Name(s) vide column No. 5 in Part I has/have been allotted from this end to other fishing vessel(s} and the remaining names(s) is/are available for allotment. .

Se Allotment of name vide column No. 5 in Part I, e., is being kept in abeyance at this end for allotment to this fishing vessel.

6, Particulars ofregistratibg in respect of this fishing vessel may be intimated in Form No. MFR-3 for record.

2. This disposes his memo Nod snsecsesceceesrer nee GAO. i csessesecsessseenenensestenstenses Assistant Director of Fisheries (Marine) Diamond Harbour/Contai Note — |. Reporting officer must delete the different items appropriately as the situation would call for.

pa When more than one name is available for allotment, reporting officer should report only the first name in order of preference of the owner and fill in item No. 5 accordingly.

PARTIV Notes and orders of authorised officer Verified and confirmed receipt of prescribed fees vide Money Receipt NO... sess dated... 85 Stated in the appliction. :

Accepted application for (i) transfer of ownership and (ii) change of principal fishing base.

Issue certificate of Registration in Form No. | MFR-3 under intimation to reporting officer in Part IH of the application form.

Allot Name .0...cseseeteeenensee Retum to the applicant(s) the following :- () — Money receipt (referred to item I above) G2) -- New certificate of Registration (referred.to in item 3 above) Gi) ~—~ Previous Certificate ‘of Registration ~duly cencelled by reporting, officer in Part tibof application form Application for (i) transfer of. ‘ownership and (ii) change of principal fishing base is rejected on the following as stated by reporting officer in part Il] of the application form.

> fe Inform application(s) about relecti4 Logon wee J&ction of applicati i ws . wo,. adjudicating officer as required in nile 3 8) Ppication stating the ground as recorded in item 6 above, with an intimation totb:

.,._ (any other order) — _ Sbdate:

gag, Note — Authorised officer must-delete the items ppropriately under his dated initialIfthe vessel is owned jointly byinthe sorties ¥ Dy Hore thartone person atticles vide item No, 5in : ¢ application form and orders, ifany, of authorised officer should be communic FROMNo.: MFR-5 OWNERSHIPOFNON-MECHANISED FISHING VESSEL Signature of authorised officer so that his order become clear and specific.

in Part should be retumed to the person first named ated to him.

APPLICATION FOR TRANSFER OF . © Gece rute 3¢4) of West Bengal Marine Fishing Regulation Rutes, 1995) -_ Perial No.:

Price: Rs.Officer of Issue :

Date of issuc :

&~ PARTI ee To be filled in by owner(s) of vesscl Wo eagThe Assietant director of Fisheries (Marine) (a) ey) ag SH, ; : ;Ny With reference to rule 3(4) of West Bengal Marine Fishing Regulation Rules, 1995, We apply for transfer of ownership “apf fishing vessel bearing Registration number.

{We have acquired ownership of the fishing vessel from the r egistered owner(s) and he/they has /have consened to "Dranster ownership of the fishing vessel to me/us.

“ Further, I/We want to change the principal fishing base of the fishing vessel FOI ...csesssssssesssescsesserinscce recesses cotcenseeectese oral Qe (base station) =) [iii Eee eee IM sscccsscasssasccarssossenissessneocernstccaeterwece i district)P (base station) ( ) 7 . ; sunished below:

D ccesst particulars for the purpose of (i) transfer of ownership and (ii) change a principal fishing base are furni => Name ofowner(d) a Father's Name{c} :

D Present addres (4) co ra] Name of principal fishing base (e) anon ae - The said Money receipt along with the @Bniy has been paid vide Money Receipt i Conificate of Registretion of the fishing vessed enclosed herewith for necessary action.

Yours faithfully,er:

Signature of owner(s) Place :

® VERIFICATION 9 ished in thi: icati my/our knowledge correct and declarei this application are, to the best oi the particulars furnished in i I/We cettifiy that amu in } Bball remain responsible for val dity of the said particulrs. ecctostite a ae tale provisions of the Act (g and Rules aed the orders sued under the sid Rules and agree 2 I/We have un B, them.

th ised officer shall reserve the fight to cancel registrat on of fishing vessel if it is found that that the ve the a mw anes furnished in the application are materially incorrect, or thej p 6 the vessel has been engaged in iF > .

p 4 ge Ty (contravention of the provision(s) of the Act and Rules, and Pace Signature of owner(s) a (a) —_— should be Seno te authored officer in relation with the principal fishing base vide column no. 4.

Whena vessel is owned jointly by more than one person, names of all the owners and their corresponding father’s names and present address, respectvely, shold’ be fumished seperately. event i ication andvericticsbeth, In such an ait the owners should sign the application an:

(3) When a vessel is owned by a "Cimpany" as defined and explained in section 22(2) of th isth Act, thi ft nece: .

(d) Evidence, to the satisfaction of authorised officer, is renee ren ee © State name of principal base station with reference to its defination in rule 2(c) of the Rules.

0) Prescribed fee should confirm with the rate prescribed in rule 3(6) of th Rules.

®) The expressions “Act" and "Rule" wherever occur in this application form denote "West Bengal Marine Fishing Regulation Act, 1993” and "West Bengal Marine Fishing Regulation Rules, 1995” respectively.

CERTIFICATE To be filled in by the transferrer(s) Certified that We have trasferred right, tille and interest in respect of the fishing vessel bearing registration Numbers ... to the preserit applicant(s) and declare that I/We have no objection in transfer of ownership of the said fishing 1 Cie name(s) stated in the anptication.

Signature of transferer(s)

PART Il* To be filled in by authorised officer and sent to Assistant Director of Fisheries (Marine) Dimond HarborwContai for report in Part EI Memo No, Dated:

To The Assistant Director of Fisheries (Marine) Please report in Part HL ofthe application form appropriately, Certificate of registration isenclosed for cancellation as required in rate 3 (8) of the rules if transfer of ownership applied for is accepted at his end see note below.

Assistant Director of Fisheries (Marine) Part Hi Co Diamond Harbour /Contai.

Part f1T* To be fitted in by reporting officer (for PART - Il) and returned back to authorised officer Mena No.

Dated.

To The Assistant Director of Fisheries (Marine) i There is nothing accepted in cancellation of existing registration as required inrule 3(8) of the Rules.

2 Certificate of Registration, duly cancelled at this end is retumed.

43.

(Any other remarks) 4 Tibaietet hime ae Assistant Director of Fisheries (Marine) Diamond Harbour/Contai.

change in authorised officer.

: icati ftate a Note* — Part I and Part are not necessary when the application does not neces!

: PARTIV Note and orders of Authorised Officer Verified and confirmed reselpbat prescribed fees vide Mority Reve tpt NO. manne waraenremaeern stated m the application.

81 “ aecepted application for () transfer of, ‘ownership and (iIssue certificate of Registration i in (i) change ofprincipal fishing base, 4 Retum to th . ann Sunder intimation to reporting officer in Pat Il ofthe application form.

© applicant(s) the following ~ " () Money Receipt (eferredto initem Labove), CC CCH aE, R uly cancelled by reporting officer in Part 11} of anplicatification ; ; of application form.

inform on on aie ‘oflownership and (ii) change of principal fishing base is rejected on the following grounds.epplicant(s) about rejection of: ticatio di ini idan inGrathdiierssieeais iarale3 ‘appl fn starting the ground(s) as recorded in item $ above with an intirmation (Any other order) Signature of Authorised Officer.

J, % . as . . . - Note: 1. Authorised officer must delete the Kems appropriately under his dated initiat so that his order be comes clear and srecific.

2 Hf the vessel is owned jointly by more than one person articles vide item no. 5 in Part 1I should be retumed to the personied in the application form and orders, ifany, ofauthorised officer should be communicated to him, FORMNO.MFR-6 APPLICATION FOR GHANGE OF PRINCIPALFISHINGBASE [See rule 3(4) of West Bengal Marine Fishing regulation Rules, 19] Price: Rs.

Date of issue :

PARTI ‘To be filled in by owner(s) of vessel TaA ssistant Director of Fisheries (Marine) (a) a emery “3 With reference to Rule 3(4) of WestBengal Marine Fishing Regulation Rules, 19, we apply for changing principal fishing bose ORD) mechanised / non-mechanised fishing vessel bearing Registration Number ................ and carrying (c} Registered Name rience tochange the principal fishing base (d) ofthe fishing vessel fom — wenn aennn (GaSe SALON) oes meester spsoncesianion (base station) sneer {GiStriCt) i i i d principal fishing base amounting to RS.........0-+ Prescribed fee for changeing the registrered p _sacmuinunsne) only has been paid vide Money Reciept No. Dated The said Money ye and Certificate ar Registration for the ishing vessel are enclosed herewith for necessary action.

Be , oo "Yours faithfutly a Signature of owner(s) submitted to the authorised officer in relation to theprincipal fishing base to which a changea wee (oappiation defirtation in rule 2(c)} of the Rules.

proposed. For further details see 2" (9) Strike out appropriately. ae | ‘ i i fNonm-mechanised fishing vesse!

©) Not applica ns alsin base with reference to its defination in rale 2(c) of the Rules.

(d) State aaa conform with the rate prescribed in rule 3(6) of the Rules.

{e) Prescribed ld 5 cd 82 tee ASTERISK EE SORTS AL PROMENEEE OI

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