Section 25 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)the form in which an application for a licence or permit may be made and the fees that shall accompany such application;
- (b)the matters which may be taken into account in the granting of licences and permits;
- (c)the form of licences and permits and the conditions and restrictions subject to which licences and permits may be granted;
- (d)the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7;
- (e)the terms and conditions under which a foreign vessel may be permitted to be used for fishing within any maritime zone of India for the purpose of carrying out any scientific research or investigation or for any experimental fishing under section 8;
- (f)the form in which an application may be made for releasing the vessel or other things seized under the first proviso to clause (a) of sub-section (4) of section 9;
- (g)any other matter which is required to be, or may be, prescribed.
- (3)In making any rule under this section, the Central Government may provide that a contravention thereof shall be punishable with fine which may extend to fifty thousand rupees.
- (4)Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Summary
- The Central Government has the power to create rules to carry out the purposes of the Act, and they do this by publishing the rules in the Official Gazette.
- These rules can specify the application forms, fees, and conditions required for granting fishing licences and permits.
- The government can also use these rules to dictate exactly how foreign vessels without a licence must store their fishing gear.
- Rules can establish the terms and conditions for foreign vessels that want to fish for scientific research or experiments.
- The rules can specify the forms needed to release a seized vessel and can include a penalty of up to fifty thousand rupees for breaking any of these rules.
- Every new rule must be presented to both Houses of Parliament for thirty days, giving Parliament the chance to modify or cancel the rule.
Practical examples
FAQ
1. Who has the power to make rules under this Act?
The Central Government has the authority to make rules to help enforce the Act.
2. Can someone go to jail just for breaking a rule made under this specific section?
No, the text states that breaking a rule made under this section can be punished with a fine of up to fifty thousand rupees, but it does not mention jail time for breaking a rule.
3. Does Parliament have a say in these rules?
Yes, every rule must be presented to both Houses of Parliament for a total of thirty days, and they can choose to change or cancel the rule.
4. What happens if Parliament cancels a rule after it was already being enforced?
Cancelling a rule does not invalidate anything that was legally done under that rule before Parliament cancelled it.
Test yourself
Q1.Under Section 25 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what is the maximum fine that can be imposed for breaking a rule created by the Central Government?
Q2.Under Section 25 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how long must a new rule be laid before each House of Parliament?
Q3.Section 7 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 requires unlicensed foreign vessels to keep their fishing gear stowed in a prescribed manner. Under Section 25 of the same Act, who determines this prescribed manner?
Q4.Section 8 allows foreign vessels to fish for scientific research under prescribed terms and conditions. Under Section 25 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how are these terms and conditions established?
Q5.Section 9 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 allows an owner to apply to a Magistrate for the release of a seized vessel. According to Section 25 of the same Act, what can the Central Government do regarding this process?
Q6.Under Section 25 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, where must the Central Government publish its new rules?