35
ANDAMAN ANL · ...... "qAR· GAZETTE EXTRAQRDlt, - ' , - , >IJ' No. 20, POI'i Blair Thursday, March 8, 1979/Phalguna 1-7,1900 ANDAMAN AND NICOBAR ADMINISTRATION CHIEF COMMISSIONER'S SECRETARIAT - , . NOTIFICATION iPort Blair 8th March, 1979/Phalguna 17,1900 No. 32f79, F.No, 5-1 (13)/73-Dev.11 (MHF) In exercise of the powers conferred by section 12 of the Andaman and Nicobar Islands Fisheries Re qulatlcrr; 1938 I. of 1938) the Chief Commissioner. 'Aridarnari and Nicobar, I stands, makes the following Rules namely "The Andaman and Nicobar' Islands, Shell- Fishing Rules, 1978. CHAPTER - I 1) Short Title and pommancement. . . These rules may be called the Andaman and Nicobar Islands Shell Fishing Rules, 1978. ii) Ths'y shall come into force at once, 2) Definition- In these rules, unless there is anything repugnant in the subject or context __ . 'I 8) the expression .. And arnan and Nicobar vVaters" means the sea surrounding the Andarnanand Nicobar lslands extending at every point to a three (12) miles or one marine league from the coast of the said Islands, measured from the coast of the said Islands, measured from -the low water-mark; b) -, authorised Officer" in relation to a zone Director of Fisheries, Andaman and Nicobar Islands, or an Officer of the Department of Fisheries of, Andaman and Nicobar Islands, of and above the rank of Fisheries Inspector •. And or any officer of the other Department of the Administration, of and above the' rank of Tahsildar J .appointed by the Chief Commissioner; . ; . c) (1lButhorised 'port l' in relation to a zone means the Port or place specified -there in .?olum,: 4 of Schedule I;

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Page 1: of - FAOLEX Database

ANDAMAN ANL · ......"qAR· GAZETTEEXTRAQRDlt,

- ' ,~ - , >IJ'

No. 20, POI'i Blair Thursday, March 8, 1979/Phalguna 1-7,1900

ANDAMAN AND NICOBAR ADMINISTRATIONCHIEF COMMISSIONER'S SECRETARIAT

- , .

NOTIFICATION

iPort Blair tjH~ 8th March, 1979/Phalguna 17,1900No. 32f79, F.No, 5-1 (13)/73-Dev.11 (MHF) In exercise of the powers conferred bysection 12 of the Andaman and Nicobar Islands Fisheries Re qulatlcrr; 1938 (Reg1:llat~on I .of 1938) the Chief Commissioner. 'Aridarnari and Nicobar, Istands, makes the followingRules namely "The Andaman and Nicobar' Islands, Shell- Fishing Rules, 1978.

CHAPTER - I

1)

i~

Short Title and pommancement.,~t,;..~k . .

These rules may be called the Andaman and Nicobar Islands Shell Fishing Rules,1978.

ii) Ths'y shall come into force at once,

2) Definition- In these rules, unless there is anything repugnant in the subject orcontext__ .

'I8) the expression .. And arnan and Nicobar vVaters" means the sea surrounding the

Andarnanand Nicobar lslands extending at every point to a di5tan.~~,.;p'( three (12)miles or one marine league from the coast of the said Islands, measured fromthe coast of the said Islands, measured from -the low water-mark;

b) -, authorised Officer" in relation to a zone m~ans Director of Fisheries, Andamanand Nicobar Islands, or an Officer of the Department of Fisheries of, Andaman andNicobar Islands, of and above the rank of Fisheries Inspector•. And or any officerof the other Department of the Administration, of and above the' rank of Tahsildar J

.appointed by the Chief Commissioner; .; .

c) (1lButhorised 'port l' in relation to a zone means the Port or place specified -thereag~jnst in .?olum,: 4 of Schedule I ;

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d) "Boat" includes asampan, dinghi or other watercraft propelled wholly or in part. by means ,of. or by the agency of oars, paddles, sails or-mechanical divices but does

not include a power-driven boat;

e) "certificate ,. 0 f reg istratiori i,: relation to

ij . a boat or a power-drivern boat means the certificate granted, under sub-rule (3) of.rule 25 and

ii) a-diver means the certificate granted under sUb~rule (iii) of rule 29 and includesB certificate renewed under sub-rule (ii) of rule 30.

. ,

f) "Chi,:f Commissioner" means the Chief Commissioner of the Andaman andNicobar .Islands.

g) '/ Closed season" means the period specified in sub-rule (i) or rule 3:

h) "Closed years" means as specified in rule 4;

i) co Licencing Officer " means Director of Fisheries, Andaman and Nicobar Islands

l) .1 Director of Fisheries I' rr eans Director of r=isheries Andaman and 'Nlcobar 'Islands

k) "Marine Engineer arid Harbour Master" means' the Marine Engineer and HarbourMaster, Port Blair, .

I) .r« Power driven boat -, means a boat

i) not less than twenty five feet in length, and

li) propelled wholly or in part by means of amechanical force of not less than twentyhorse power.

m) "registered bo at " means a boat or a power driven boat ~cgistered for the time» ,

being under rule 25

n) ." registered diver" means a person registered as a diver under rule 29 and holding"a valid certificate of registration for the time beinp,

0) '1 Regulation" means the Andaman and Nicobar Islands Fisheries Re4~lationJ 1938(Regulation I of 1938) '~;

. .. p) "Season" means the shell fishing season commencing from the first day of October

in a year and ending on the thirtieth day of April next following year of suchcommencement;

- q) "Shell U or" Shell Fish" means all the animal of the Mollusean 'group includingGiant clams (Tridacha maxima); Nautilus (Nautilus Pompilus), Chanks (Xancus r­

Pyrurn), Cowries of all varieties, King Shells and Queen 'Shells in addition to -Trochus (Trochus niloticus ) and Turbo (Turbo rnarmoratus) Shells. '

r) I. Zone ., rneans either of the shell fishing zone demarcated under rule 5.

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CHAPTEn - If

3) Closed Season

i) The per io d commencing from the first day of May and expiring on the thirtieth dayof September (inclusive of the day of commencement and the day of expiry)during every year shall be the closed season.

,I Not vvith-standinq anything to the contrary elsewhere contained, shell-fishing shallbe completely prohibited throughout the Andaman and Nicobar Waters during theclosed season.

iii) All boats and pow sr .dr iven boats used, employed or engaged in shell-fishing in theAndaman and Nicobar waters, shall return to Port Blair or the authorised Port beforethe commencement of the closed season in a year.

iv) No person shall fish shells or attempt to fish shells or take any boat or power drivenboat to a Zone for shell fishing during the closed season. '

4) Closed Years

i) To avoid depletion and gives maximum time for the growth and propagationof the shell fauna in a particular shell fishing zone where such shell fishing hasbeen completed under a valid licence for 2 consecutive seasons, will be completelyclosed for auction and grant of a shell flshi.ng licence, under any circumstancesfor a period of 24 months starting from the last day of the expiry of such licencegranted for shell fishing in a particular shell fishing zone. Such 24 months periodwill be called closed years.

ii) Such shell fishing zones declared to have come under "closed years" will bedeclared by the licencing officer in local papers and through all All India Radio,Port Blair as and when such situation arises.

iii) Not With-standing anything to the contrary elsewhere contained, shell fishing shallbe completely prohibited in such fishing zone as have come under a II closed year ".

iv) No person shall fish shells or attempt to fish shells or luke any boat or pOWCfdriven boat to a zone for shell. fishing during the "closed years ";

5) Demarcation of shell fishing zones:

i) For the purpose of these rules, there shall be shell fishing Zones In Andaman andNicobar waters.

ii ) /J.. zone shall comprise of such part of the An daman and Nicobar waters as isenclosed within the boundries specified in respect thereof in schedule-I.

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i) There ~~haii i:e <: licensee for every zone. who shall, subject to the provrsrons of1h8::'8 rules, c;,we the soie right tofish shells in the zone,

ii) No person unless .exempted from taking out a licence under any of the provisionsof the Regulation, shall have any right, claim or title to fish shells in a zone.

7) Shell-fishing to be on authority of licence only:

i) III ovcrv zone. shn ll s shall be fished only 011 the authoritv, and in accordance .witilthe terms arid condi tioos. of a licence, and no person sl1811 be deemed to be alicensee unless he holds a licence in force for the time being.

i i ) No licensee shall fish shells from any placo : outside the zone for which he holds alicence.

8) Ce rt a i n conditions of shell fishing

i) For the pur po ss of shell fishing i 1 a zone, the licensee shall be permitted -

a) to obtain one power driven boat and not more than four boats registered under.rule 25; and

b) to employ or engage not more than twenty re cisfere d divers.

2) In no shell fishing operation, the licensee sh-ill

a) employ or engag'1 anv person other than a registered diver or

b) use. e rnplov or engage any boat or power-driven boat other than 2l registered

boat,

b:.pl2.nation: A person employed or engaged on driving or rowing a registered boat oras d crew will not be d--erned to be a person employed or engaged in shell fishingunless such pBrSOIl eng,,:'J<; or employ himself in any operation actually and directly

connected with sh ell fishi ng.

9.) Prohibition on transferring shells on other vessels

Except under stress of weather or for any other reasonable cause, no licensee shallplace or permit to be placed any shells fished by him or under his authority, on any

. vessel other than the boat or power driven boat registered by him under these rules,

Provided that provisions of this rule shall not apply where any shells are placed ona vessel for lhe purpose or being carried from an authorised port to a place outside theI\ndaillan and N:cobar Islands.

10). Exte n t of Sh811 -f i shj nq in 0 ne s eas o n :

In no zone the total quantity of shells fished during a season shall exceed 15(fifteen) tons :iI we iqht.

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N\l Il"r~;():l Illl:ludin[J ,1 licensee and ,!I! persons cmplovcd or cllD<JucJ in shell fishinDin <1 p;lrll,:lJiili SilO;, fislllflY Limo for vvhlch licence has been qr,lrltecl, shall under ~IIiY

c i rCUn1stJllCCS, 8n~j"nO t he ms alve s in i:l[)y other collection or fishing of living and non­livifl\J rosource n of lh3 ,HOa, including fishing,' sports fishing, removal and collection ofcor als , sc a lrccs/:.cal,H1S. se awec ds , and S8<J slur] (Beche-dc.mer) etc. except for their

own bonafide consumption, destroy or damaqo such .arc a and fauna except fisl1in~J forshells for which licence is granted and valid for the period. -

12) l n sp ec t i o n and mo as u re m e n t ot collected sholls :

i) At the end of every trip of sea for shell-fishing every boat and power-driven boat

used, employed or engaged by the licensee shall return to the authorised port and the

person incharqe thereof shall apply to the authorised officer to have the collected shells

inspected and measured.

ii ) On receipt of such applicanon, the authorised officer shall inspect and measure thecollected shells and in case he so requires, the licensee shall remove the collected shellsIr o rn the bo at or the power-driven boat. <IS the case may be, and stock them on thes hore for Ow purpose of inspection and mcasur nrucnt.

13) Restrictions of fishing undersized shells:

i) For the purpose at these rules, any shell which

<1) Call p,JSS t lir o uqh <l c ir cular ~F~UOC of less them 9 centimetres in diameter, In thec ase of trochus Trochus nilo ncus linn), or

b) is less than 21, inches or 6.35 centimetres in dia-meter at the operculum, in thecase of turbo (Turbo rnarrnoratus linn),

shall be de eme d to be an-undersized shell.

ii} No. licensee shall, as f ar as possib:e, fish any undersized shell, and if any such

shell is cauqht durjng a she!' fishing operation and is detected it shall be the duty ofthe licensee or U1e p::!rson. incharge of the operation to return it back to the sea inauve condition, DS e arlv as possible but in anv case not later than the evening of the

clay on which it was caught.

Iii) The licence, wc:nted to a licensee shall be liable to cancellation, if any, of hiscatches cor.tams undr-r s rzed shells in a lorger proportion than ten percent of the totalnumber of shells in the cat ch

IV) Any catch co n taininq undersized shells to the extent of more than five percent butless them ten percent of tho totill nlj-mber of shells in the catch shall be liable to becoohscate d by~v e r0 rneut-.-- '

14) Development of Islands shell indus tr y-e-conditions of licence.

Each licensee will be required to sell not less than 25,:~ of the total shells fishedin a particul ar shell fishing zone in one season to the Director of Industries, Andaman

and Nicobar lslands. Port Blair and not less than 25% to the Andaman and Nicobar

Coopo:r3tive Supply end Marketing Federation at the market rate as fixed by the

,~dn1inistration from time to time for particular species and quantity of shell or shells,In Port Blair mnikct.

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15) 111:lrketillg and Shipment :

a) No person except Registered Co v operative Iv'larketing Society, shall undertakewholesale marketrng of shells in Andaman ~nd Nlccb ar Islands other than as

provided under rule 14.

b) No person in Andaman and Nicobar Islands, shall carry retail business in sea shell

of iJny kind without a valid "Sea shell dealers licence".

NOTE: Auctioneers also arethey choose to do business inprovided In Rule 14.

required to take <.l "Sea shell dealers licence". in caseA &. (\J Islands, in respect of shells otherwise than as

C) And person who intends to untertake retail marketing of shells of any kind in

specific area and town of A&. NIsi ands shall apply to the Licencing Officer on

a prescribed form appended as Form I to Schedule II.

d) I f tne Licancing 0 fficer decides to issue a "Sed-shell dealers licence" it will begranted in Form 'M' for one year from the date of issue, The fee payable for grantof licence shall be Rs. ?5/- p.a,

D) Such sea-shell de alcrsjflcnncees will purchase their requirements of raw materialsof shells from the whole sale dealing registered Cooperative marketing Society ofthe area In A & ,\I Islands or from Directarata of Industries. And such sea-shellde aler s licensee shall keep a proper recard of shells raw-materials received, in aregister, to pro duce be tore inspecting officer 'as and when required to do so.

f) No person shall possess more than 10 shells in raw or in polished condition at anyolace unle ss valid arid authentic proof for such possession or a written permissionfrom the Director of Fisheries to the effect is there.

2) Sh iprncnt :

a) No shells, raw or poiished, collected or purchased in the Andaman and NicobarIslands shall be shipped by sea or air to any place out side the Andarnan and

Nicobar Islands unless a written permission to the effect is obtained Irorn theDirectorof Fisheries aiter de cl arinp the exact quantity and value of such shell articles.

Provided that no such, permission shall be necessary for carrying 'shells, for

p~rsonal usc, bv a tourist or other person, when the number of shells so carriedi~; Jessth an te11•

b) The Shipping Corporation of lridia, Harbour Master, Indian Airlines Corporation and

Dept!. of customs and Central Excise. Govt. of India, Port Blair, shall nat permit

transportation or any such consignment of shells from any sea or air port in the

Andarnan and N ic o bar Islands unless per rniss ior. to this effect duly signed by theDirector of Fisheries, Aridarnan and Nicobar Islands on an authority by him producedby the person so tr anspor tinq as provided in clause (3).

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CHAPTEF( -- [II

Hi) i) The right to fish shells by licence shall be settled by public auction by theLicencing Officer subject to confirmation by the Chief Commissioner

ii) The bid at each auction shall be knocked down in favour of the highest bidder atsuch auction provided that the licencing officer may reject the bid of the highest bidder

for any good and sufficient re ason. .

17) The aucti un s hall be held in acco rtlancc wit 11 t he following prov islous.

i) A notice 'of auction shall be published by the Licencing officer in such manner ashe deems fit and such notice shall include particulars of the zone to be auctioned, theperiod for which the right to fish shells extend, the date, time and place of the auction.

i i) At the ccrnrnence me nt of the auction such bidder shall deposit byway of securitya sum of Rs. 1000f- which in the case of an unsuccessful bidder. shall be returned tohim at the conclusion of the auction <Inc! in the case of successful bidder shall be tokenover as oarrie s t money deposit for the due observance of the terms of the licence andthe provisions of these rules.

iii) The earnest money deposit shall, subject to the provisions .of these rules bereturned to tile licensee atter the expiry at the licence.

iv) The bid amount shall be paid by the highest bidder in four equal instalments to

be equally spread through-out the period of the licence. The first of suchinstalment shall be paid by the succesful bidder immediately after the bid is knocked

down in his favour or vvi'thin such time thereafter not exceeding 7 days as may bespecified by the Licencing Officer in this behalf. The rest of the instalments,shall be paid regularly on the dates specified in this behalf in the agreementprescribed in clause (V).

v) The successful bidder shall execute an agreement in form lA' Prescribed in schedule11 before the licence is gr,mted him

Hl. Form or Licence etc,

i) The licence shall be in Form '8' prescribed in Schedule II.

Ii) A licence granted under these rules wHI be valid for two consecutive seasons.

iii) A licence granted under the rules shall not be transferable,

iv) A register of licences granted under thfs rule shall be maintained by the LicencingOfficer in Form 'C' prescribed in Schedule II.

19. Penalty for breach"

i} In the event of a breach of any of the terms or conditions of licence or of theagreement or of any of the provisions of these rules, the security money dcposrt

shall be Jiabie to be for efe i te d to Government and the licence shall be liable tocancellation after due notice.

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11) Any p:;rscJ'"1 ;q'iri8v8d by an order p asse d under sub-rule (i) may, within 1°davsfrom the: ch i'~ 0 i I he order, appe ;,1 to the Ch ie f Commissioner whose Ordersthereon s he.l be final.

20. It ceo vcr Y 0 f sum

2) All sums due under the pr o vrsror.s of these rules shall be liable to berecovered as if they wer'l arrears of land revenue.

21. Security for strict observance of terms a ntl conditions of licences

i} No licence shall be granted unless Rs. 1000/- has been deposited as securitydepos it with the licencing officer for strict observance of the terms andconditions of the licence.

ii) The arno unt so deposited shall be relundable alter expiry of licence as perprovision in rule hlo. 17 (Iii).

22. Consequences or breach of terms and conditions of licence

i) In the event of breach of any of the terms and conditions of a licence orat any of the provi sio ns of these rules, the whole or any part of the amountof se cut iry de po si te d under rule 17 shall be liable to be forefeited .to Govt. andthe licence shall liable to cancellation.

ii) Where there is a breach of any terms and conditions of a licence or of anyof the provisions of tjie se rules, the l.icencinp Cffic sr, may after requiring

the Ilcens~n. to show c aus e why action should not be taken under sub-rule

(1), pass such orders as may be deemed fit in the circumstances of thecase.

iii) Any person aggrieved by an order passed under sub-rule (2), may within10 days of the date such order make a repre senata io n to the Chief Cornrnis ,sioncr ilnd tile o rdc r pnss cd by the Chid Commissioner on such repr e sen,t auon S!LlII b e final.

CHAPTER-IV

.23. : BO:llS, etc us cd ill shell fishing to he registered

All boats and power- dr iven boats used, employed or engaged in shell fishing shrillhe registered :1'1 accordance with the provisions of this Chapter, and no boat or power­dl iven boat which is not so reg ister ed, shall be so used, employed til' 8ogaged.

14 Per sons cn.plovcd or engaged in shell fishing to be registered

All persons employed or engaged in shell fishing shall be registered as divers in<1r.r::ordancc with the provisions of this chapter and 1'10 person who is not so registered,

shall be so ernolove d or en-]3Q8d, or shall employ or engaged himself as such.

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25. Kcgj~.lr:ltiGn (~f Boat:>, ct,~.

i) V\iherp. <lily boat or power-dnven boat is to be use d employed or engaged inshoil-fishing, the owner of the boat or the power-driven bo at, as the case may be,sh aii make an appl ic ation to the licensing officer in Form 'D' prescribed in Sche dule ll ,

Every such application sh811 be accompanied by a certificate of sea-worthinessand suitability granted by the Marine Engineer and tt§rg.our.f\.1..aster on inspection 'of the boat or the power-dr iVGn boat:-"as--tJ1e-c1'Is-e- may be, an-d"-for every suchinspection the inspection fee prescribed in Schedule III sllaJl be payable by the I

owner.

Provided that in the case of an application in respect of a dinghy, no such

certificate shall be required.

iii) Where an application is in order, the Licencing Officer may, on payment of the'registration fee by the owner prescribed in Schedule II I register. the boat or thepower .criven boat, as the case n~ay be, in the book maintained under sub-rule (4)an d grant a certificate of registration bearing (1 serial number of the series of suchcertificates

iv) The Licencino Of ricer shall maintain a book in Form 'F' prescribed in Schedule [I,ill which the requisite pnr tir.ulai s of boots an d power-driven boats registcI('d under,sub-rule (3) shall be cr.tere d, 8 copy of all particulars SO entered during each monthshall be sent by him to the Marine Engineer and Harbour Master for record.

v) In this rule and rule, 26 <J.ll references to "Owp(~r" shall include re tcrcr-ce s to theperson who is for the time being authorised to use, employ or eng3ge the boat orthe power-driven boat, as the case may be.

26. Furm ,:nd vnlidit y of certificates of registration grunted under Rule 25.

The ccrt ificate of registration to be granted under sub-rule (3) of rule 25, shallbe in Form "E" prescribed in Schedule II and shall. subject to the provisions of theserules, be valid and remain in force for the season for or during Which it has beengranted.

27. Hcgi:;tratio[1 number of registered boats

i) The numbvr indicated or', the certificate of registration, shall be the .registerednumber of a registered boat.

ii) The rt'gist'~r8d number ~,hall be distinctly pninto d on each side of the bow of everyre9istered boat In such sizes as rnsv, from time to time, be prescribed by theMarine Engineer and Harbour Mastcr.

23. Conditions precedent to grant of ccr tlfica te of registration in relation to registcrctlboats

i) Every certificate of registration in relation to a registered boat, shall becJE-CnH~cJ to have been granted, subject to observance of the tollovvinq condi­kH15 by the person in charge of such boat, namely r-

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(3) Except under stress of whether or formove the registered boat from thecertificate of registration.

other sufficient reasons, he shall 1I0t

locality or localities specified in the

(b) The certificate of registration shall be kept withshell fishing is carried out and shall be produced

Authorised Off;r.er, on demand.

the registered boat whenfor the inspection of the

(c) He shall keep the registration number painted on each side of the bow of theregiswrcJ boat clearly visible.

(d) I f he sights or cncount~rs any other b o at or power-driven boat which hehas re ason to believe is illegally engaged in shell fishing he shall report them at tn r immocliatclv to the Licencing 0 Uicer or to tile Superintendent of Policeon his return to Port Blair. or to the nearest Maqistr ate or the Officer­rncllarge of a Police Station on his return to. any other authorised Port,

He shall permit the re qis ter e d boat to be searched at any time byrise d officer of the Audaruan <3nd Nicobar ls iends Adrrunistrat iouon demand by such officer produce the certificate of registration,

an autho­and shall

(f) He shall not permit the registered boat to be used, employed or engagedin shell fishing by any person other than a licencee or a registered diver.

(9) If so ordered by th~ Licenc inq Officer, he shall fly a distinguished flag,obtainable from the Marine Engineer and Harbour Master •

.(h) He shall at all times confirm t o all, signals proceeding from vessels flyingto the Gave ensign.

Ii) ~lon.observance of any of the provis roris of sub-rule (1), shall render' a certi ....ficate of registration liable to cancellation

t 29",::Rq~islrlltiOll of divers for shell-fishing

(i) Any person inter.dinq to be registered as a diver for the purpose of shefl~

fishing in the Andaman and Nicobar waters, may make an application to theLicencing Officer in Form 'G' prescribed in Schedule II complete:·in. all res­pects provided that no person who is less than 18 years of age shall beeligible for being registered as diver.

ii) On such application, the Licencing Officer may, after such enquiry as hemay deem fit, register the applicant as diver.

sub-rule (2) shall be enteredand a certificate of registra­

him as prescribed in Schedule

iii) The p ar t ic ulars cf the diver registered underin the register maintamed under sub-rule (5),tion shall, on payment of the registration fee byIll, be granted by the Licencing Officer.

iV) Every certificate or registration granted under sub-rule (3), shall bear a serialnumber of the series of such cer tificates.

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v) Tha Licencinq Offic['r shall maint ain a register in Form -I' prascr ihe d in ScheduleII. in which the requisite p articulars of rqJisterled divers shall be entero d.

30. ii'orm va lidit y :11)(1 renewal of certificates of registration granted under Rule 29

i) The certificate of registration to be granted under sub - rule (3) of rule 29,shall be in Form 'H' prescribed in Schedule "and shall, subject to the pro­

vision of ths se rules, be valid and remain in'" force for the season for orduring which it has been granted.

Provided that every such certificate shall expire on the commencement ofthe closed season immediately f o llovvinq such season,

i i) A C8rt i fica te expiring un de I'

pre scribe d in Schedule II andSchedule III by the diver, beto season.

sub-rule (1) may, on application in From 'J'on payment of the registration fcc prescribed inrenewed by the Licencing Officer, from so ason

31. Condition app licab l e to shell fishing b y registered divers

i) No rogistered diver shari Iish shells in any part of the Aridaman "and Nicobarwaters, unless he is appointed, engaged or employed by a licensee f or thatpurpose _

ii) No registered diver shall fish 'shells for, on behalf of or to the benefit, ofany person other than the licensee by or under whom, he is employed orengaged for the time being,

iii) No registered diver shell fish shells from any bo at .or- power-driven boat otherthan a registered boat or shall make himself prosent in any boat other thanthe registered boat used, employed or engnged for shelt.Iishlnq by thelicencee, by or under whom he is employed or engaged for the time being.

iv) No registered diver sh all be permitted to change his employing licenseeunler 5, on application ill Form 'i(' prescr ibe cl in Schedule II by such diver, suchchange is endorsed by the Licensing Officer on the certificate of registration ofsuch diver,

v) [very rl~ql:;lmcd d i v nr shrill, while rishinq sho l ls cllrry with him his ccr ti llcnto of

reqistrat ion, which shall be produced for inspection to a authorised officer ondemand.

Vi) Any breach of this rule on the 'part of a registered diver, shall render hiscer ti fic at s of registration liable to cancellation.

32. Certificate of registration of direr to be deemed licence for certain purposes;

A certificate of registration granted under rule 29 or renewed under sub-rule (2)

of rule 30, shall, tor the purposes of section 3 of the Regulation, be deemedto be a licence to fish shells subject to the conditions of such certificateand of rule 31.

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CHP,.f"lTtf~-V

3J. Illterpo~in;.; or authorised officer

i) An Authorised Officer interposing under section 6 of the Regulation for the purposeof preventing the commission of an offence, shallwriting to the Licensing Officer explaining theinterposed.

forthwith make a report incircumstances in which he

i i) Such of ticer shall, at the same time, send to the Licencing Officer a list ofproperties, if any, seized by him' in order to prevent the commission of the

... o i.ence, a-i d shall unless the property seized is perishable or not easily transportable,send the property to the Licencing Officer.

34. Disposal of certain P roper tis

i) Any r er ishaule or not easily transportable property seized or forfeited eitheras a result of conviction under section 5 of the Regulation, or by a Authori­sed Officer under section 6 or section 8 'of the Regulation, shall. be disposedof by order of tho convicting Magistrate or of the Authorised Officer makingthe seizure, as the case may be, to the best advantage of government.

ii) All othar properties except any sum of money forfeited to govt, under thenrovisions of these rules shall be disposed of by order the Licensing Officer tothe best advantage of government.

iii) All sums of money realised by disposal under sub. rule (1) or sub-rule (2) shall bepaid to Ih9 Licensing officer and creditable to government.

35 Repeal and savings

i) n~e Andaman and Nicobar Islands shell fishing rules 1955 is hereby repealed.

ii) The raps a' of the said rules shall not affect (a) the previous operation of the saidrules, or any thing du!ydone or suffeted there-under, or (b) anydght pr ivile ,o o liqatiun or liability acquired, accured or incurred under the, said re qulationor (C) any penalty, forfeiture or punishment incurred in respect of any offencecommitted aq ainst the said rules.

Page 13: of - FAOLEX Database

Z;;Ar8-;------~~d ar ies

r'JO.

2

SC!-lE?JULE-!(Srw Rule 5 (2) )

3

AuthorisedPort

4

Author is .ed Officer

5

1. Cape Priceto .Maynbunder

2. cape PricetoAusten Strait

3. MaybundertoLong Island

4. LO:Jg lstandtoShoal Bay

5. Shoal BaytoChir iatupu

Between latitude 12~ .665' north and ~·.r:~yabunder

13-34.5' north from Cape Price to BrownPoint along the east coast of NorthAndaman Islands including Land FallIslands, East Island, South Island andother Islands and Islets along the saide ast coast between the said latitudes.

Between latitudes 12'-54 north and Mavabunder13"-34.5' north from Cape Price to SouthPassage of Austen Str ait along the Westcoast of North Andaman Island includinqInterview Island and othar Islands andIslets along the said west coast betweenthe said latitude,

Be t we en latitudes 12°-24' north and long Island12'.55' north from Aves Point to SouthPoint along the east coast of MiddleAndarnan Island including Long Islandsand other Islands and Islets along thesaid east coast between tile saidlatitudes.

Between latitudes 12Q-O-5' north and Long Island'12·-18' north from easter entrance ofHornfr arvs Strait to Cape per sain alongthe east coast of South Andaman Islandincluding Cole brooke Islands, PassageIsland, Strait Island & other Islands &

Islets along the said east coast betweenthe said latitudes.

Between latitudes 11 "-29' north and port Blair10"-56.4' north frem Cape Masy toChir ia tapu along the east coast of SouthAn daman Jsland including Islands &

Islets alno p the said east coast betweenthe said Iarltude s.

Director ofFishe ries,AndamanandN ico ba rl sl ands ,

DirectorofFisheries

oirectd rofFisheries

DirectorofFisheries

Director

ofFisheries

Page 14: of - FAOLEX Database

2...--- ....,..------ 3

------~-- ---_._---

G. ChiriutaputoPort Mount

7. Ritchie'sArchipaiaqo .

8. N icobarCentral

Group

9. Nicobar '

SouthernGroup

Bet'/veen latitudes 11 "_29' north and Port Mount11 °.38' north from Chiriatapu alongMacpherson Strait to Perseus point in

,. South Andarnan Island & other Islands toth~ West of this demarcation includingLabyrinth Island, Tarmugli Island, TwinsIslands and other Islands and Islets butexcludinq Rutland Island and NorthSentinel Island.

Islands and Islets situated between Port Blairlatitudes 11c·46.5' North and 12"-19(north & comprising Richie's Archipelagoincluding outr am lsland, Henry Law! cnco[sl and, John Lavvrence lstand, In\JlishIsland, Wilson ISland, Peel Island,Nir:holson Island, Havelock, ~eil Islandand Huoh Rose Island but excludingNor th, Middle and South Button Island.

Islands situated between latitudes r-52' Nancowrienorth & 8'-35' north including the islandsof. Tillangchang, Teressa, Bompoka,Karnorta, Nancowrie , Trinkat & Katchalbut excluding Chowra Island•.

Islands situated between latitudes 6°-45' Nancowrienorth & T-31' north including the Islandsof Little Nicobar, Pulo Milo, GreatNicobar and other Islands and lsle rsbetween the said latitudes.

SCHEDULE - IIForm - 'A'(Rule 17 (V). )AGREEMENT

DirectorofFisheries

DirectorofFisheries

DirectorofFisheries

DirectorofFisheries

This Agreen1t:nt !s made on ... ~.•__.~_ •.. day of __...... _.:.one thousand Nine

hundred and _ between the President of India (hereinafter called the FirstPilrty), which expression shalf, unless excluded by or re-pugnant to, the context include

his successor and assigns, of the one part, and ... __ ......••.•..resident of_._._._.... _(hereinafter called the Second Party 'which expression shall, unless excluded by orrepugnant to, the context, includes hisJits successors and permitted assigns) of theother part.

Page 15: of - FAOLEX Database

10) The sccur itv cJepositj.shall be re tunde d alter a lapse of three months from thedate of expiry of the licence.

11) Without prejudice to aovother rights under law, the Licensing Officer shall havethe right to forfeit the security deposit, to terminate the Iic ence and 10 re-sell the rightto fish shells in case the second party commits any breach in respect of the terms andconditions of this agreement.

12 The decision of the Chief Commissioner, Pndaman and Nicobar Islands shall befinal, binding and conclusive on the parties of this agreement upon all questions .anddisputes relating to or ar is inq out of this agreement during its pendency or afterwards.

13) Provision of Rule 14&15 ofjShell fishing RUles, 1978 will be binding on the licenseeand form part of this agreement.

In witness whereof, the parties have set their hands the day an d the year first abovewritten.

Licencing Officer,For and on behalf of the President of India

(First Party).

Signed in the peresence of:

(I)5hri

(2)(Second Party)

Signed in the presence of":

(1 )

(2)

For m 'S'

Shell-fishing licence granted under rule 18 of the Andaman and Nicobar Islands

Shell-Fishing Rules, 1971.

Not Transferable:licence NO_. _.• •••

This LICENCE is hereby granted under rule 18 of the Andaman and Nicobar IslandsShell-fishing Rules, 1978 (hereinafter referred 10 as' "the Shell-fishing RUles") toShri_ ... _.........• __ .. • . __.__ son o t. _. __.•_._ •.. _._ ... "' .... _. __

resident of..•._.__ _ _.--._. _._._ authorising him to fish shells in

Zone No ... .. _. ••..•. •..•••••. _cf the Andaman and Nico b ar Waters:

(3) for two consecutive shell.fishing seasons, that is to say-

(i) the first season commencing from the first day ot October 1 fl and ending on .the thirtieth day of April, 19 and

Page 16: of - FAOLEX Database

\'\)hcr80S th e riQht to fish shells by licence 113s been settled by public suction uileJerRule 16 (1) of lh" I-\ndarn;m and Nicobar Islands Shell Fishir,n Rules, 1978 in Iav our of

tho sc;r,nnd p ar t v.

WhereilS the amount of Rs. 1,000/- l Rupees one thousand only) deposited bythe second party under Rule 17 (ii) of the said rules has been taken over as securitydeposit for the due observance of the terms of the licence and the provision of the

said rules.

Now it has been agreed between the afore mentioned parties as under :-

1) The second party shall pay the bid amount of Rs _ _ (Rupees .•..•.• _ •••••. _. __

....•.. _ ,. _. _••.... _., _.....•..., _ ~ ••.only) in four equal instalments spreadthro~ghout the period of licence. The first of' such instalment shall be paid by the

second party irnrrjediate ly after the bid is knocked down in his favour or within suchtime thereafter not exceeding 7 days as may be speeded by the Licensing Officer inthis behalf. The test of the Instalments shall be paid regularly on the dates rnenticr.e d

belcw r-

2nd instalment dated _•.•.. _._. __ ~_._ .•.. _

3rd instalment dat e d __. _ .••.~ .•. __ • ••• _.

4th instalment dated _. .--._._.__._. _. _~.

2) The second party shall have the sale right to fish shells in the following zone or

zones :-

(here enter the description of Zone or Zones)3) The second party shall fish shells in the above zone (5) only on the authority andin accordance With terms and conditions of a licence issued to him under the sh~ll

fishing rules, 1978.

4) The work of shell fishing, inclUding the places of storage of shells, be open at alltimes to the inspectron of authonsec Officer (5) of the Lens (s) specified in scheduleI to the said Rules.

5) The right of the second party to lish sheH, shall be confined to the :"'Zone (s)mentioned in CI;lUSC 2 and tho second pur tv shall not fish shells from any place outside

the above Zones (5).

6) The second party shall make his own arrangement for the collection and transportaction of fished she lls.

7) The second party shall not be entitled to transfer his rightrs under this agreEn~er,t

to any other person excel- t With prror permission in writing of the Licensing Officer.

S) The second party shall not employ any person who was previously working in aGovernment Department, without production of a discharge certificate.8) The rne brs of the aboriginal tribes shal] not be employed by the second party tor

any purpose whatsoever.

Page 17: of - FAOLEX Database

(ii) tllfJ second S88SCn c omrn enc inp from the first day of October 19_.•..••. _.,:.md

e;ldin~ on th[~ thir tio th flu\' of J\pril 19 , and

rb) subject to tile prov.s io os (I f ;h~ !\IHiill))<:11 ,,"d i'~lCOIJ:.lI' lslan ds Fisheries Rcgu laticn1938 (Regulation I of 193B) and the She ll.f rshinp Rules and also to the conditionsset forth in the following statement, naruely i- .

STATEMENT OF CONDITIONS

(1 )

(2)

The licensee shall not fish shells from any place in the Andaman and NicobarWaters except zone No" .•.••. (hereinafter referred to as "the Zone").

For the purpose of shell-fishing, the licensee shall be permitted to use I employor cngilge not more than one power-driven bo at and four other boats dulyregistored undor tho Slwll-fl5hing Rules and to employ or enq aq e not more thantwenty registered divers.

3) In oo she II. Ii sl 1in~1 ope I' at io n. tho lie rinse 0 sh811 usc, ornplov or cn~J [}De any bo at orpower-driven bo at other than a reo is te re d bo at , or employ or enlJngc any per son otherthan a registered diver, or employ any implement or method other than the followingimplements and methods. nnrne ly :-

4) The total quantify of shell!o be fished from the zone during anyone season shall

not exceed tweritv tons in weight.

5) At the end of every tr ip to sea for She II· fishinc every boat and power driven boatused, employed or enq aqe d by the licensee, shall return to the authorised port and theperson incharqe there of shall apply to the authorised officer to have the collected

shells inspected and measured.

6) The amount of' security, if any, deposited by the licensee shall, subje c t to the

provisions of rules 17 and' 22 of .ihe Shell fishing Rules, remain hypothecated to theGovernment as long as this LICENCE remains in force.

7) The period commencing from the first day of May and expir inq on the thirtieth ofSeptember (inclusive of the day of commencement and the day of exp;~~') rluring everyvo ar, 511011 be the cf o snd-season : and Shc ll.f is.hinq shall be completely prohibited 'inthe An,dJlllun and -Nicobar waters during the close d-sc ason.

8) Every boat or power-driven boat used, ernpl oved or engaged by the licensee inShell-fishing, shall return to Pert Blair or the authorised Port before the cornmenc err entof the closed-season during every year.

9) The licensee shall fish shells subject to the restrictions on fishing of undersizedshells as provide o in rule 13 of the Shell-fishing Rules.

10) This LICENCE shall be kept by the ticense ewitb hirn white fishing shells and shallbe produced for inspection on demand, by an authorised Officer.

Page 18: of - FAOLEX Database

(11 If the lic~J)s,,,c be the person in ..ch nrne of i.l registered boat used, employed oren !Janed in S he u.,fish in g, h f:~ sh all stri ell y co Ir:ply wi th t he con ditions 12id d own in rul ':7.3 of tl10 ShnJI-fishin[J flui2S.

12) The licenseo shal} str ictly with tho rc quiren er.t s of the Ehc!!.fishicg Rules arid theconditions of this LlCEN CE. any ,breach of which shall, in addition to the penalties underse crion 5 of thr, Anciarn an and Nico bor Fisheries Regulation, 1938 (Regulation I of1938), render this LICENCE liable to cancellation and the amount of security, asforcsaid, forfeited to Government.

13 Provision of Rule 11,14 and 15 of Shell Fishing RUles, 1978 will also form the partof conditions of this licence.

Ucenc.ing Officer

Dated at Port Blair

the day or. ..•_•... _ _~ 19

Page 19: of - FAOLEX Database

N

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01

OJ

o

N

Number of licence.

Licensee's name, father's name, nationality and address.

Number of shell-f ishinq zone for which licence has been granted

Registered Nos. and descnption of boats and power-driven boatsused, employed or engaged in shell-fishing.

Description of shell-fishing implements and methods to be usedor employed.

Date' of grant of licence. ~

Seasons far wh ich licence has been granted

Amount of security deposit, if any.

Date of refund of security, if any.

D.et8 on which licence 'ceased to be valid.

Whether licence ceased to be valid on account of normal expiryor cancellation or otherwise.

,

REMARKS.

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Page 20: of - FAOLEX Database

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!\ppli Gct io.: undc I' rule /.;; 0 r 111(; Andaiu an <J1l cJ N ico LJ;:r I Sl~ll HI s Shell- fi!~ hingnu rC!;,

1973 for registr<ltio;1 of b:J<J [ or a power- driven bo at for being used, employed or

enGaged in shell-fishing,

ToThe licencing Officer.Andarnan & Nicobar Islands,

port Blair.

r, __ ._ _ e (name of the applicant), hereby apply that the boat/pJwe r diven boat fully d~scribed below may be registered under nile 25 of the A & NIslands SheB.fishing Rules, 1978 for the shell-fishing season commencing, from the

1~;t October _ - -.-- __•.•.._..•. __ .jvear ) and ending on the 30th

Apr il . _ .. "_ (yea r) and t IJ ill a ccr ti fi Co te 0 r ro nis tr ation in respe ctthereof may be granted '0 me.

The required partlcutars are as follows:-(a) Applicant (s) name - •••••.... - _ .

(b) Applicant's father's name .. _ _. __ -. _ -._.

(c) Applicant's nationality _ .•. _ .•. ". _~.. __.- _. __. '-'" -.__ .

(d) Applicant's address ... _. - ••. '" _. _. _ .~•.~- .... - ._-- _. -_. - - -- ~.,

(0) Full description of the boat/power-driven boat including its size, make; year of

make, capacity, fittings etc ....•• __ __ •.. ~.__• __._._

(f) If the boat/power-driven boz t is propelled by any mechanical device, full

doscription of such device including the strElngth of the mac hanlc al force ... _.__•.

-- ,,------- ~ ---- __..--(11) Full description of shell-Iishinq apparatus, if any, with which the: boat/power/

drivcn bo at is equipped.

(h) Name (; the owner of the boatfpower-driven bo at., _ __ _ .

(i) Description of applicant's' interest in the boat-power-driven boat, if he is notthe owner ._ _ ...••__ ••• _ __

(j) Locality or local.t.e s of the A & N waters, in which the boat/power-driven boatis to be used, employed or engaged for shell-fishing _ _

(k) Purposes other than shell-fishing, if any, fer which the boatfpower-driven boatshall be used, employed or engaged ... __ ...... _.••.••.• ...... _ ... _. ._

Page 21: of - FAOLEX Database

l l as the boat/power-driven b031 been previouslv reqls te re d Under Rule 25 oft he Andamnn & [\1 ico o ar Istands sh ell. f i~hing Ii U!8S, 1978 0 r under /" 8: n lslnnrts

Shell fsihing' Rules. 1955 and if so __ _." __ ._ the number of the fastcenificate of registrnlion granted under that rule and the date of its expirv .

(m) Has the boat/power-driven boat been registered 01' licensed under anv lawother than the Andaman & Nicobar Islands Shell.fishing Rules, 1978, and

if, so, details of such registration or licensinq.,•••• _. __ • ••. •,

(n) Has the bo at/power-d ri vanb o at been pre viou sly re fuse dreg istr ation unde r theAndaman and Nicobar Islands Shell-Fishing Rules, 1978 or [.Inrler A 81 N IslandsShell-Fishing Rules, 1955 or under any other law, and if so, the date of suchrefusal and the reasons therefor • .~ •__.-_

2. A certificate of sea-worth ine ss and suitabi Iity in re spect of the boa t I power-d rive nboat qranted by the "Marine Engineer and Harbour Mester, Port Blair is attachedharewi th. If the bo atjpower- d ri ven boat is ~ag istered and a certifi ce l& of reg istra t Ionqr ante d as applied for, I agree to abide by the provisions of the Andaman and Nicobarl s rands, Fisheries Regulation, 1938 (Regulation I at 1938) and Andaman and Nicobar

Islands Shell-fishing RUles, 1978.

Dnted the

Siqnature of applicant.

Form 'E'

(Rule 25 (3) )

Certific ate of reg istr at io n of a boat/power-d. iven t 03 t authorise d for be ing used,employed or engaged in shell. fishing in the Andaman and Nicobar water.

CERTIFICATE No.-. ••.•••••• _.

The boat/power-driven boat hereinafter fully described having been registeredunder rule 25 of the Andaman and Nicobar lslands Shell-fishing RUles, !978 (hereinafterreferred to as "the Shell-fishing Rules"). this CERTIFICATE OF REGISTRATION in

respect there -,f, is granted to Shri . _._. •.•..••.••. _. __.SOI1 oL. . _

... -.. ~ ..•.••••• _ ...•....•... _.__ .. resident of ••.•_ ••.•_ ••....... .. _ ••..•.••. _._. being the

Owner 01._ ••••••.•.•••••...•......••. __....•..••.•.. the sai d bo at 0 f person lawfully possessing

••••.• _.__ •••••• _ ••. _ ... __ ..• _." .. _.•.dri ven bo at (hereinaHer referred to as "the reg istere d

boat"), authorishing the registered boat for being used, employed or engaged inShell-Fishing in the Anda m an and Nicobar waters, subject to the provisions of theA & N Islands Fisheries Req ulat ion, 1938 (REGULATION 1 of 1938) and the Shell.,fishing Rules an,~ also to the conditions set forth in the statement of conditionshereinafter appearing.

Page 22: of - FAOLEX Database

(a) Description of the 1'0 gi~:tcrod bOQ1 inr lu dinq it~ ::~:ZC', rnakc, cepccitv, fitti/l[lf;etc.~ ~-.._ _.._ , .

(0) Description of the mechanical device, if any, by rne ans. or by the nWlflcy. o fwhich the registered boat is propelled .p .

(c) Description of the Shell-fishinq apparatus. if any, which the registered boat isequipped '" .,. . .- '" '"

2. THIS CERTIFICATE OF REGISTRATION shall, subject to compliance with, andobservance of, the prov is ions and condi tions, res p active Iy as a fares aid, shall be ,validand shall remain in force for the. shelt-ftsbinq season carnnencina trorn 1110 first dayof October __ •••••• ~._ and ending on the thirteth day of Apr"iI19_. __•__•••• _.

STATEMENT OF CONDITIONS

1. The registered bo at shall be used, eruplovc d or enoaged for shcll-flshinq andfor no other purpose except th o [allowing, namclv :-

~ ••••• .,._ __ ~ ••• _ •• .- -..", ••••• 1 ••• __ • ...- _ __ ••• _ __ .. -..._ _

.... ....- _.--.,,_ ••• ......... . _.~ •••• • • • 0- _ __ __ ••• ._ -..._. __ _

...............__ -... ~ ... • • • __ •• __ 4 ..... • ~ • __ __.. _-.. __ ._

z, The names of the persons employed or engaged as the crew of the reqistered beatincluding the parsons employed or engaged on driving or rowing it, shall be intimated tothe Licencing Officer f ro rn time to time, and! in no case, the total number of the personsso employed or eriqaqed, shall exceed three ..

3. The person ifl-charge of the registered boat shall be used, employed or engaged inshell-fishing from any place in the Andaman and Nicobar waters except zona No _

... '" ~ _ ..• .... _ '" (hearina Iter re ferred to as "the zone") nor shall he hirnse If so, useemploy or engage the registered boat.

4. At the end of every trip to sea for shell-fishing, the registered boat shal! returnto the authorised port and the person in-charge thereof shall apply to the authorisedofficer to have the collected shells inspected and weighed.

5. The period commencing from the first day of May and expirrnp on thethirtleth dayat September l inclusive of the day of commencement and the day. of expiry) duringevery year, shall be the closed-season: and the re qistere d boat shall riot be permittedor authorised to be used, employed or engaged in shell. fishing during the closed-season.

6. The registered boat shall return to Port Blair or the authorised port befor.e thecommencement of the closed season.

7. The number of this CRTIFICATE OF REGISTRATION indicated above, shall be theregistered number of the registered boat an d !his number shall be distinctly paintedon each side of the bow of rhe registered boat in such sizes as may from time to timebe prescribed by the Marine Engineer and Harbour Master, Port Blair.

Page 23: of - FAOLEX Database

U. Th~J psr son in -ch arqc of tlw rcnistc{cd boat shall observe the following ccnditiosn,

I\<F11'JI'1:-

(i)

. (i i)

(iii)

(iv)

tv)

tvi)

(vii)

(viii)

Exccut under stress weather or for other sufficient re asons , he shall not movethe rcoistered boat from the zone.

This CERTIFICATE OF REGiSTRATION shall be kept with the registered boatwhen Shell-fishinp is carried out and shall be produced 101' the inspection ofthe authorised Officer, on demand.

He shall keep the registration number painted on each side of the bow of theregistered boat clearly visible.

If he sights or encounters any other boat 91' power. driven boat which he hasreason to believe IS Hie gaily' eng age d in shell- f ishng. he shall report the matte I'

immediately to the Licencing Officer or to the Superintendent of Police on hisreturn to Port Siair, or to the nearest Magistrate or the.Officer.in-charge of thepolice Station on his return to any other authorised port.

He shall permit tho registered boat to be searched at any time by any authorisedofficer of the Andaman and Nicobar Administration and shall on demand by suchofficer; produce this CERTIFICTE OF REGISTRATION.

He shall not permit the registered boat to be used, employed or engaged inshell-fishing by any person other than a licensee or a registered diver,

If so ordered by the licencing Officer, he shall fly a distinquisinp flag obtainablefrom the Marine Engineer and Harbour Master, Port Blair.

He shall at all tiines confirm to all sipnals proceeding from vessels flying theGovernment ensign.

9. It shall be the responsibility of the holder of this CERTIFICATE OF REGISTRATIONto ensure that all the conditions herein provided are 'observed by the person-in-chargeof the registered boat,

10. The requirements of the shell.fishing Rules and of the conditions of this CERTI­FICATE OF REGISTRATION shall be strictly complied with and any breach thereofshall, in the addition to penalties under section 5 of the Andaman and Nicob ar IslandsFishories Requlation 1938 (Regulation I of 1938), render this CERTIFICATE OFREGISTRATION liable to cuncetlation.

Port Blair01.

licencing Officer,

A & N Islands

Page 24: of - FAOLEX Database

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Number of Certificate.

Certificate holder's name, father's name, nationality & address.

Description of the registered boat including ~her size, rnake ,

capacity, fittings etc.

D(~scriptionof the rnechnnical device, if anv, by rne ans or byagency, of which the registered boat ispropelle d.

Description of the Shell-fishing apparatus, if any, with which the

re9 iste.r.e d boat is equipped.

Name and address of the Owner of the registered boat, if thecertificate holder be not her owner.

No. of the zone in which the registered boat is to be used,employed or eng3ged for Shell-t Ish ing.

Purpose other than shell-fishing if any, for which the registeredboat may be used, employed or en[jaged.

~-

Date of Grant of certificate.

Season for which certificate has been granted.,

Challan No. and date of payment of prescribed fee for grant ofcertificate.

............. -_._-_...................,.--~--------

Date on which certificate ceased to be valid.

Whether certificate ceased to be valid on account of normalexpiry or cancellation or otherwise.

,"

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Page 25: of - FAOLEX Database

Applic<ltion urider ruto 2.9 ('I) of the Alldilman ilnd Ni cob ar Islands Sj)CIl~1ishin~~

Rules, 1978 for registration of 0 person as a diver for sholl.fi~·.hing.

ToThe Licencing Officer,Andaman & Nicobar Islands,

Port Blair

I .. """ ,. .• '" _ _ .-..•. -•.. (name of the applicant) hereby apply under rule29 (1) of the Andaman and Nicobar Islands SheIl-Itshinc f1u!es, 1978 lor registration<IS a diver for shell. fishing and grant of a certificate of registration for the shell-IishinqSeason commendng from 1st October 19 and ending on the 30th April, 19 .•.••.•..The required particulars are as follows :-

(a) Applicant's name _ _ _ '" __. _ •.• _•• _••• , _._. __ ._._( b) Applicant's f athe r' s narne ....•.. _ '" _.••.•.. '" .,. _.••.._. ~.., .•.. _. __(c) App licant's nationalit y -..•.••. _~ .•_. ,_ •..••... _ ..__ '" . __.(d) I h::lqht -_ __. _.. '" ._.•.• _.. '" _ '" __.. ~_ _ .

(e) Colo ur 0 f h air ~ , _.. __ .._.. __ '" ._ _ '"(I) Colour of eyes ••. __.•__..•• _ _ _ •.. _

(g) Distinguishing marks •__ __._.~ __._._ .•. __ ••. •.. _ ...•..(h) Applicant's acdress " _._ .•.•.. _ ..•.•.• _ •.. __.•.. _. __.•. __ .•. _

(I) Name, address and licence No. 01 the licensee by or under whom the applicantis proposed to be employed or engaged for shell-fishing __. _ .. _._. _ ...._ .....

0) Description of. shell-fishing implements and methods to be emptoyed for

shell. fIshing '" _. _ .•• , _. __.. _..._~..•.• _:._ ... __ ., .•.. _. '" .... :. '"

(k) No, of registration certificate previously held, jf any ••••.••.•... _ ...... _. __ •••_

(I) Details of any other kind of fishing licence held by the applicant. if any

(rn) Has the applicant been ever convicted of an offence under the A & N IslandsFishenes kegulation, 1938 (Regulation 1 of 1938) and, if'so, slate the detailsof the offence and the punishment awarded _ ...•.. _ _ ....

2. If a certificate of rApistration LlS <J diver for she ll-f ish inq is; qrante d 'to me, I agreeto abide by the provisions of the A & N Islands Shell fishing Rules, 1978 and theA & N Islands Fisheries Regulation, 1938 (Regufation 1 of 1938 ..· Two unmountedcopies af my photograph lfl the 5178 of 2" x 2" approximately. are attached herewith.

Dated the ., __ Signature of applicant.CERTIFICATE

Certified that the applicant is proposed to be employed by me for shell-fishing inZone No _ '" .•, ...of the Andaman & N icobar Waters:

Dated tho: Signature of licenseeLicence No,

Page 26: of - FAOLEX Database

For m

(Rule 29 (2))

Ce rtif icat e of registration as a diver for shell-fishing in the Andarnan and Nicobarwaters.

CERTI FICATE No .

This CERTIFICATE OF REGI STflATION as a diver authorised to fish shells in theAndClman and Nicobar waters for, on behalf of, or under the authority of the licensee11ere;nafter fUlly described, is hereby granted under 'rule 29 of the Andaman andNicobar Islands She ll-Hshinq Rules, 1978 (hereinafter referred to as the "Shell-fishing

Rules') to Shri ....• __•.... _.~_ .•. __..•. (h(l'reinafter referred to as 'the registered diver'}

identifiable by _._ "'_ _ ~..••.••• _ .••.• __

(i) the photoqr aph below :-

PHOTOGAPH

of the diver to be pasted here and authenticated by the Licensing Officer.

AND

(ii) the following particulars, narnelv i-

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Father's nanlc '" '" .

Natior:a lity ... _ :•. _ ..• _ _. _ ••... ."._.•...__

Height_ ~•• _ ft... _. _. . _. ~ :- inches.

Colour of hair~- - --- - -... .

Colour of eyes... ................. ~ , ~ , , .

Distinguishing Marks " .

Address .

2. The licensee employing the regLstered diver of sheH-fishing the registered diverof shell-fishing 'and for whom, or on whose behalf, or under whose s tickout authority,

the registered diver is authorised to fish she lis, shall be

Shri. holding shell.Hshinq Licence No· : ..

in respect of She ll-ftshiriq zone No r or such other licensee to whoseemployment the rcqisre rod diver rn ay ch,mge over, such change h avin q I..lf.H;n endorsedon this CERTIFICATE OF REGISTRATIONS in accordance with provisions of sub-r u!e (4)of rule 31 of the shell-fishing Rules 1978.

3. Subject to the provisions of And aman and N ico b ar Islands for Fisheries Regulation,1938, (Regulation I of 1938) and the shell-fisning Rules and also to the conditions setIorth in the following statement, force for the shell-fishing se aso» commencing from

the first day of October 19 " and ending on the thirteth day of April

19 .." ..... "..., ...namoly;.

Page 27: of - FAOLEX Database

STATEM ENT or- CONDlT10NS

(1) The reqiste re d diver shall, while fishing shells, have in his possession this

. CERTIFICATE, which shall be produced for inspection to the authorised Officer, on ..demand•

. (2) The registered diver shall not fish shells in any part of the Andarnan and Nicoboarwaters unless he is appointed, engaged or employed by a licensee for that purpose.

(3) The reqiste red diver shall not fish shells for, on behalf of, or to the benefit of, anyperson other then the licensee by or under whom he is employed or engaged for thetime being.

(4) The registered diver shall not fish shells from any boat or power driven boat otherthan a reo istere d boat nor shall be employ any shell-fishing implements or methodsother than the following implements and rne rhods, name lv : .

(5) The r[~gistered diver shall not make hirrisclf Present in any registered boat exceptthose which are used, employed or engagEd for shelt-f rshrr.c by thE: uc er-see by orunder whom he is employed orengaged for tile time being.

, (6) The registered diver shall not be permitted to change his empioying licens ce unlesssuch change is endorsed in this certificate by the Director of Fisheries of the A & N

Islands in accordance With sub-rule (4) of rule 31 of the shell-fishing Rules, 1978,

. (1) If the ~enistered diver is the person in.·charge of a re qiste re c boat used: emplove dor engaged in st,IJll-flshing, he shall strictly comply Wit!) the conditions laid down in

Rule 28 of the Shell Fishing Rules, 1978~

(8) The registered diver shall strictly comply with the requir err erns of the Shell fishir;gRules, 1978 and. the conditcns of this certificate, any breach o( which, sh all, inaddition to the penalties under the A & N islands FIsheries RegUlation, 1928(Reg ulat ion I of 1938). render th is certi ficate Iia ble to cancell ati on,

·Daled at Port Blair,

the _ _ •.•...day of. •__ •

ENDORSEMENTS

Licencing orIicer ,

A & N lstands.

Change in the employment of the registered diver t-

(al From Shri holder of Shell fishing Licence No in

respect of Shell fishing Zone No to Shri .

holder of shell fishing licence No .in respect of shell fishing Zone

No with effect from the ..· .:.; is hereby endorsed.

Licensing Officer,A & N Islands

Dated the- .

Page 28: of - FAOLEX Database

(b) From Shri holrJ1)r of ~;h()11 fishillg Licence ('.Jo ..

to She: holder C'f shell fishing licence No .

in respect of shell fishing Zone No with effect from the .is here by endorse-d.

Licensing Officer,A & N Islands.

Dated the .

(c) From Shri : holder of sh~!1 fishing ~icence No , .

In respect of shell fishing zone No to Shri. holder

of shell fishing licence No in respect of shell fishing zone

No with effect from is hereby endorsed.

Licensing Officer,. A & N Islands,

Oute d the .

(d) From Shrl holder of Licence No :.._ .

in respect of Shell fishing Zone No to Shri .

...........................................holder of shell fishing Licence No ..

in respect of shell fishing Zone No _ with effect from the .is her cby endorsed.

Licensing Officer.A & N Islands

. Dated the .

R~NEWALS

Tho prescribed fee having been paid by the registered diver, this CERTIFICATE ishereby renewed and rendered valid under sub-rule (2) of rule 30 uf the A & N IslandsShell Fishing Amendment Rules, 1978 for the shell fishing season r-

1. Commencing from _ .•. _._ and ending orl._ _ __ _ .•..•.•__ .

L'cc"cing Office,A & N Islands

Dated the .

2. Comnlencing from ~- and ending on .

Licencing Officer,A 8t N Islands

Dated the _ , .

Page 29: of - FAOLEX Database

H{E ANDAMAN & NICOBAR GAZETTE. EXTRA ORDINARY, MARCH 8, 1979

3. Commellcing frorn H._._.~ _ _ and ending on ~.._ _ ," ....•. - ..

Licensing Officer,A & N Islands.

Dated the ; _ _ _

4. Conlnlencing from _ and ending on ,..

Licencing 0 fficer.A N & Islands

Datod the _•.~ .

Page 30: of - FAOLEX Database

CJo

:00C:A

~o(f)"Tl

- 0.... mto:o-....J-/co_O~-n 0,-/»I-lm~»02'T1o:J}»m~G)»­z~»::0z»0-1

o~z

'TIS}>woo(/):r: » o~

-:0 <~Z-rno:>"T1G~:O::rJO:0 J;> en '=- "'tC2G'lro:irO:::ON..J·m (I) ):><0(J)' 2~ •

-jUl-;::0 rn ......

co rn a~-..I Z

C(Pm

~ZmO08}C::o2COrm m:0 tv(j) ill

CCOmJ ~::0Cor"Tlm

-l!j:r:om"Tl(f)

:o:::r.:em~i-

~2!o~"71-

ZG)

I.

Number of Cer tificate

I .father's name and addressI Registered diver's .name,

Nntionalitv

------- -Hieght

::JJro

Colour of Hair to_.U>...Cb...,

Colour of Evns ro0-

-- 0Dis tinqushinq marks <

(lJ...,\1>

Photoqrnph

Oescrlpticn 01 shell fishing implernentes and methods to beemployed

Date of grant of certificate _

--Season for which certificate h8S been granted

Chall an No. and date of payment of prescribed fee for grantof certificate

~

Date of renewal of certificate :0rnZ

Seasons for which certificate has been renewed m~

Challan No. and Date of payment of prescnbed»r-

fee for renewal of cer tiricare(I)

~-

Namo ;)')(! licence No of the registered diver's employinglicensee at the time of qr<Hlt of corttttcate

"~ ---_.

Name and licence No, of the licensee from whose employmentthe registered diver change over "

----Name 20d licence No. of the licensee tll whose employmentthe registered diver changes over

1-------_·· ---..--------, Date of change of registered diver's employment from the

licensee mentioned ill column 17 to the licensee mentioned in

column 18-

REMARKS,I

< ~.-. ro'?- .;-01-<OJ N:"J0-

0:J

Will~

[D~

h~

ro .....3 en""00-

---=::3 OJ(b

::Jr:ro -...J-0~

ro(D

0 co

:;-If>

tro (D

07,·~

.~

r....<C'

f',J

Q 0

Page 31: of - FAOLEX Database

For m IJ'

Application u.ide r sub-rule (2) of rule 30 of the A [i, N Islands Shell Fi~;hinn

r';:Jh~~;,1878 ir)r :;;'l~~wnl of the Ccr t ifrcato of re qis tr ation as a diver for shell hshinq,

ToThe Licensing Officer, .And aman & Nico bar Islands,Port Btarr

l. ' __ _ ..,~ - _._.~ (Name of the applicant) was granted certiflcateof registration as a diver for the shell fishing season commencing from the t st October_____ ._.,. (year) and ending on the 30th Apri1..._ ...•..•.... (year) (and this c~rtificate

was renewed from time to time and rendered valid upto the 30th ApriL__ •__••.. (year).

As the certificate has since expired, [hereby apply for its renewal, on the same termsand conditions for another shell fishing season commencing from the 1st October__ •..•(year) and ending on the 30th April. ....; ... _ '" .. , (year). . .. __.~__. The requiredparticulars are as follws :.

(3) No. of the expired certificate __ ... _.. :.••.•..•.. _.••• ...:. __._ ... _

(b) Date of grant of the expired certtf icate ~_ •..•_ •.•

(c) Date of last renewal, if any, of the expired ccr.tillcntu _

(cJ) Description of shell fishing implements arid methods employed during thelas t season __ ... '" ... __ •.. __• __" ••.... _....

(8) Changes proposed t· be made, if any, in the description of ~h,;il iishingimplements, and methods, if. the expired certificate b renewed as appliedfor _ _.l-.. .

(I) Name, address and licence No. of licensee by or names, addresses and licenceNos, of licensee under whom the 'applicant was employed or engaged duringthe last season._ •.••••••.•...•••..••. _.... _

(g) Name, address and licence No. of the licensee by or under whom the applicantwas employed or engaged at the close at the season_. ••.•.. ~._ •••

lh) Name, address and licence No, of the licensee by or under whom the applicantis proposed to be employed or eriqaqe d during the shell fishing season forwhich the centificate is to be renewed _. __._.__

(i) Details of any other kind of fishing licence hold by the applicant, if any _

(j) ~ Has the applicant been convicted of any offence during the last year, and jf

so, the details of the offence and the punishment' awarded__•. : .. __ ~ .

(k) Pres eut ad dr css a f the appti cant. •• _ _. __ ._ .••

2. The expired certificate IS attached herewith.

Dated thc __.•••.•• _.19Signature of applicant.

CERTIFICATE

Certified that the applicant is proposed to be employed by me for shell-fishing inzone No_. ...._of the A & N Waters for the Shell-fishing season commencing fromthe jst October._~_._._._(year) and ending on the 30th April (year).

Signature of licenseeLicence No.

Page 32: of - FAOLEX Database

Forrn 'I( J

;,\ppl:eJ,iO:l :muc:, sub-rule (II) or 'il)iCl 31 c': th>1 i\ r, N lslands Shcll~fishing Ilule s,

'\878

)0

Licensing Officer,A & N Islands,Port Blair

lJ•••.••__•••••__• __ •••••••_ •••~._ ••.(namc of the applicant) being a registered diver andholder of valid certificate of registration No _._.propose to ch anpe my emplovinplicensee and hereby apply that the change may be endorsed on my certificate of registr.arion as required by sub-rule (4} of rule 31 of the A & N Islands Shell-fishing Hule, 1978.The required particulars are as follows ;-

(8) N,Hl1C, address and licence No. of the licensee by or under whom the applicarrtis at present employed or enganed lor shell-fishing or is authorised to becrnployed or engaOl:d _. _ _...•_ ••_.__.•..~ ••••..•.•••. _._ ...••..•.

(bJ Name. address and iiccnce No of the licensee by or under whom the applicantwill be omployed or cng8ged af ter ternunat ron of hi:; employment or engagementunder the licence mentioned at item (<3) __ •••••• _.. _ ••~ __•• __"'_•• _••••••_.• _.

2. My certificate of registration is attached herewith.

Dated the .........•__ .__~

Signature of applicant

CERTIFICATE

Certified thar after termination of his employment under Shri . __._._._._._.~.•

holder of shell fishin'g licence for sh'ell fi'shing in Zone No...... _ •.. ~. .. .of the A & NW<Jters.

Dated the ~_•••• _

Signature of the licensee to whoseemployment the applicant proposes tochange over,Licence No~_~._... _

Form 'L'Application under sub-tule (1) (b) (c) of rule 15 of the A & N lslands Shell. fishing

Rules, 19'78.To

The Licensing Officer,A & N Islands,Port Blair

1 _ •.. _ _(Name of the applicant). beg to apply for a "Sea ShellDealer's Licence" for carrying out relail business in sea-shells of the kind noted belowin the market of town_~_ _of I, & N Islands for one complete year from .to ._.__ .•_

Page 33: of - FAOLEX Database

4,5.

The purricular c re quirc d are ~.)ivGr·, 2" I ollovvs :-

1. /\ppllc~f1l's namQ :2. /\ppIICQl1tr; (<llher's name :

Po st al Address:1\1 arne of the lo catitv in which shop is tocated :Details of the shop, Municipal Number etc. if any,

6. Kind 01 shells in which business will be carried alit.

Date: Signature of theapplicant

Form '.M'Licence for a 'Sea shell dealing' in retail business under sub-rule 1 (d) of rule 15

of the A & N Islands shell fishing Rules, 1978.Fee Rs. 25/-

This "Se a Shell Dealer's licence" is hereby granted to Shri ..~_._~ .... __.... •.son,11 _.......... . .. _.. resident of ., _ .• . _._ ..••...••. for c arrvinq outretail bus rncs s in h is shop No __ .•.... _.Iocal c rJ _•• __ _ ,•. 'H ea , '" __ .town at A & N fslands from __ to ._ _..•••.• _subject to following

condrt ion:-

CONDITIONS

1. This licence shall be kept in the shop all the time where the retail sea shell businesswill be carried and displayed at proper place So that it could be easily seen by acustomer or visitor,

2. This licence is soleruly for sea shell-retail business.

3. Provisions of sub rule 1 (b) of rule 15 shall be binding condition of this licence.

4. The licence should be produced for inspection or demand of a authorised officeror Licensing 0 ffieer.

5. He shall not carry business of any other variety of shell or shells other than thoseparrru tte d in this licence.

6. This licence only entitles for carrying out re tail business in shells of the kindspecified in the licence and no other item like corals, sea trees/sea fan etc.

7. Under this licence any dearing of undersized shell as specified in sub-rule 1 of rule13 of A & N Islands Sholl Fishing Hule 1978, is strictly pr ohib te d. .,

8. The licence will be liable to cancellation on infringment of any of the conditionsstated above.

I ,

9. Any infringment to condition as on 31. No.7 of this licence will lead to thecancellation of licence and will also attract the penalties as specified in subregulation 1, (ii) of regulation 5 of A & N Islands Fisheries RegUlation 1938,

10. Any other conditions imposed from time to time by an o~d~r of the Chief Commissi­oner A & N Islands for the holder of such licence. He is permitted to carry outretail business in following types of shells :-

Licensing OfficerA & N Islands

Page 34: of - FAOLEX Database

SCHEDULE-Ill

Th: pr cs cnbo d fcc: for" matter specified in columnt i) of the table bt';c\;',' ,,!1/.)) 1 1:[:

the amount indicated here 8(]ainst in column (2)

TABLE

Column (1)

1. Inspection by the Marine Engineer and HarbourMaster for grant of 3, certificate of seaworthiness and suitability under sub-rule (2)of rule 25 in the case of 3 • _ _

(i) Power-driven boat to be used, employed orengaged in shell-f ishmq

(Ii) rowing or sailing boat to be used, employedor engaged in shell-fishing

2. Registr<Jtion and grant of a certificate ofregistration under sub-rule (3) of rule 25in the case of 8 __••__._••• _._ ••. __.•

•<i) Power driven boat equipped for

shell-fishing

(ii) BO<Jt other than a power-driven boat

3. Registration of a person as a diver andgrant of a cer tificata of reqistation

under rule 29.OR

renewal of such certificate under sub-rule (2)of rule 30

Column (2)

Rupees one hundre d

Rupees five

Rupees fifty plus rupees fivefor each diving apparatus.Rupees ten.

Rupees twentvper season

5. M. KRISHNATRYChief Commissioner

Andaman & Nicob ar istands

By OrderAnd in the name of the

Chief Commissioner

L. MEWA LALLAssistant Secretary (Fishe r iesj

Page 35: of - FAOLEX Database

31~18Ral

EXTHAORDiNARYQl fCTifi r~ ~ 5l9'lTf:rm

Published by Authority--------------

tr<> 103, <:iti (;8<1;::, IT'Ti'lCfFl. 30 :iFf 1992, c-; ,

No.103, Port Blair, Tuesday, June 30, 1992ANOAIV!AN AND NICOBAR ADMII\)/STRATION

SECRETARIAT~----~~

NOTIFICATION~------

Port Blair, dated the 30th June, 1992No. 98 92,F. No. 5-1 (13) /89-Dev. L - In exercise of the powers conferred

by Section 12 of the And arnan & Nicobar Islands Fisheries Reputation, 1938, theLieutenant Governor (Administrator), Andarnan & Nicobar Islands has been pleasedto make the following Rules further to amend the Andarnan &. Nicobar Islands Shell­FIshing Rules, 1978 Issued with the Administration's Notification No. 32179JF. No. 5.1(13) 73-Dev. II (MHF) dated 8-3-1979 and published in ·the Andaman & NicobarGazette Extra Ordinary No. 20 dated 8·3· 79, namely :- .Snort title and Commencement 1. (1) These Rules may be called the Andaman and

Nico bar Islands Shell Fishing (Amendment)Rules, 1992.

(2) They shall. come into force at Once ..L:nendment of Rule 17' 2. 111 the Andaman & Nicobar Islands Shell

Fishing Rules 1978 thereinafter called the"said Rules") :-

(1) For the wor ds & figure "Rs. 1000/-"appearingin clause (ii) of Rule 17, the following shallbe substituted :-

"Rs. 10,000/-".(2) . For the exist inu provisions of clause (iv) of

Rule 17, t he follow ing shalt be substituted :-

"The bid amount shall be paid tly the highestbidder in four equal instalments to be equallyspread throughout the' perio d.of the licence.The first of such instalment shall be paid bythe successful bidder immediately after thebrd is knocked down in lusIavour .. The restof the instalments shall be paid regularly onthe dates specified in this behalf in theagreement prescribed in clause (v),

Lieutenant GovernorAndaman and Nicobar Islands

Rv Order and in the name of the Lieutenant Governor- . Sdf-

Assi stant Secretary (Fv.)