Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
- (1)The owner of a foreign vessel or any other person not being in either case any person to whom any of the descriptions specified in sub-items (1) to (3) of item (i) of subclause (II) of clause (e) of section 2 applies who intends to use such vessel for fishing within any maritime zone of India, may make an application to the Central Government for the grant of a licence.
- (2)Every application under sub-section (1) shall be in such form and shall be accompanied by such fees as may be prescribed.
- (3)No licence shall be granted unless the Central Government, having regard to such matters as may be prescribed in the public interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the licence may be granted.
- (4)Every order granting or rejecting an application for the issue of a licence shall be in writing.
- (5)A licence granted under this section--
- (a)shall be in such form as may be prescribed;
- (b)shall be valid for such areas, for such period, for such method of fishing and for such purposes as may be specified therein;
- (c)may be renewed from time to time; and
- (d)shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein.
- (6)A person holding a licence under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this Act, or any rule or order made thereunder and the conditions of such licence.
Summary
- The owner of a foreign vessel can apply to the Central Government for a licence to fish in Indian maritime zones.
- The application must be in a specific format and include a fee.
- The government will only grant the licence if they believe it is in the public interest, after making necessary inquiries.
- The final decision to grant or reject the licence must be made in writing.
- The licence will list specific rules, like where they can fish, for how long, and what methods they can use, and the holder must ensure their employees follow these rules.
Practical examples
FAQ
1. Can a foreign vessel owner just send an email asking for a licence?
No, they must apply in the prescribed form and pay the required fees.
2. Does the government have to give a licence to everyone who pays the fee?
No. The Central Government will only grant it if they are satisfied it is in the public interest.
3. How will the applicant know if they got the licence or not?
The government's order, whether granting or rejecting the application, must be in writing.
4. Is a licence good forever?
No, it is valid for a specific period and for specific areas, though it can be renewed.
Test yourself
Q1.Under Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, who primarily makes the application for a licence?
Q2.Under Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what must accompany the application for a licence?
Q3.Under Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what condition must the Central Government satisfy before granting a licence?
Q4.Under Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how must the government deliver its decision on the licence application?
Q5.Under Section 4 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, who is responsible for making sure the vessel's crew follows the law and the licence conditions?
Q6.Understanding both Section 4 and Section 2 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, can an Indian citizen who fully owns an Indian vessel apply for a licence under Section 4?