FISHING BOATS

 

FISHING BOATS

CHAPTER 9

 

9.1. The provisions for Fishing Boats are covered under part XVA of the M. S. Act.

9.2. Section 435 A states that this part applies to every Fishing Boat.

The Review Committee appointed by Govt of India to review the provision of M. S. Act 1958 has suggested that Section 435 A may be amended to restrict the application of this part XVA to fishing boat of the length of 20 metres and above and to give powers to the Central Govt. to specify / declare that Fishing Boats of less than 20 metres as specified shall be required to be registered under this Act. The matter is under consideration of the Govt.

9.3. REGISTRATION OF INDIAN FISHING BOATS.

The Registration of Indian Fishing Boats is dealt with in the Part XVA of the M. S. Act of 1958. This part defines a fishing boat, & refers to the obligation to register. The Govt. of India vide GSR 865 dated 7.10.1988 has declared a number of ports on Indian Coast for registry of such vessels & also appointed officers in these ports for this purpose. A list of port of Registry and Registrar of Fishing Vessels is at annex - 6. GSR 866 deals with the rules for registration of Indian Fishing Boats and is titled M. S. (Registration of Indian Fishing Boats) Rules, 1988. Merchant Shipping (Indian Fishing Boats Inspection) Rules, 1988 cover the inspection & certification of Fishing Boats.

9.3.1 APPLICATION FOR CERTIFICATE OF REGISTRY:

(1) Every application for the grant of a certificate of registry of an Indian Fishing Boat under Section 435 G of the Act, shall be made in Form I, to the registrar of the port of registry nearest to the place where the owner resides or where the fishing boat is built or based.

(2) Every application shall be accompanied by:

(a) a declaration of ownership by the applicant in the Form II or III, as the case may be;
(b) the documents of title to the fishing boat;
(c) the builder's certificate.
 

9.3.2. NAME OF FISHING BOAT:

(1) When applying for the certificate of registry, the owner shall specify the name, which he proposes to adopt for the fishing boat.

(2) If the name proposed by the owner is the same or similar to the name by which any other Indian Fishing boat has been previously registered at the port of registry, the registrar may require the owner to suggest some other name under which the fishing boat may be registered.

(3) When the name suggested by the owner has been approved by the registrar, the fishing boat shall be registered under that name within a period of 60 days.

9.3.3. OFFICIAL NUMBER

(1) On Scrutiny, of an application, if the registrar is satisfied about the Nationality of the applicant and his title to the fishing boat, he shall assign to the fishing boat an official number from a consecutive series maintained at each port of registry preceded by 3 distinguishing letters indicating the port of registry notified under sections 435D and 435E of the Act.

(2) The Official Number once assigned to an Indian Fishing Boat shall not be changed except when the Fishing Boat is registered again at another port of registry, nor shall the official number be assigned to another vessel.

9.3.4. MANNER OF ASCERTAINMENT OF TONNAGE OF INDIAN FISHING BOAT:

(1) Every owner of a fishing vessel shall cause to ascertain its tonnage in accordance, with the merchant shipping (Tonnage Measurement of Ships) Rules, 1987.

(2) Every owner of a sailing vessel or boat or craft falling under clause (D) of section 435 B of the Act shall cause to ascertain its tonnage in accordance with the Merchant Shipping (Tonnage Measurement of sailing vessels) Rules, 1960.

9.3.5. CERTIFICATE OF REGISTRY

(1) The Registrar shall, after the tonnage of an Indian fishing boat has been ascertained, enter the particulars specified in sub-section (3) of section 435G of the Act in the register in Form IV kept by him for the purpose and grant of certificate of registry within 60 days from the date of application.

(2) Every certificate of registry granted under sub-section(4) of Section 435 G of the Act shall be in Form V;

(3) The Certificate of registry shall, on demand by a registrar, any officer of the customs or of the Mercantile Marine Department, be produced by the owner, the skipper, or the tindal or any other person in charge of the fishing boat.

9.3.6. MANNER OF PAINTING OF NAME AND OFFICIAL NUMBER, ETC. ON FISHING BOAT:

(1) The distinguishing letters indicating the port of registry the name of the fishing boat by which it is registered and the official number assigned to it shall be painted in English in regional language and in Hindi alphabet in white oil colour against a black back ground on both quarters of the fishing boat near the stern.

(2) All the letters and figures painted shall be of such size as the registrar may determine in each case but shall not be less than one decimetre in height and two centimetres in width.

(3) The letters and figures shall also be painted on the dinghies attached to the fishing boat.

9.3.7. CHANGE OF NAME:

(1) The name of an Indian Fishing Boat under which it has been registered shall not, after such registry, be altered or changed except with the approval of the registrar.

(2) Every application for the change of name of such fishing boat shall be made to the registrar of the fishing boat's port of registry and shall specify the reasons for the proposed change.

(3) The registrar may, if he is satisfied that the change proposed is reasonable and necessary, approve such change.

(4) Where the name of an Indian Fishing Boat, which is mortgaged, is sought to be changed, the consent of the mortgagee shall also be obtained for the proposed change.

(5) The new name which has been approved by the Registrar shall be entered in the register in the Certificate of Registry of the fishing boat, and shall accordingly be painted on the fishing boat as prescribed.

9.3.8. REGISTRY OF ALTERNATIONS:

(1) An application for alternations of the registry of an Indian Fishing Boat shall be made in the Form VI within one month of such alternations to the registrar of the port where the fishing boat is registered.

(2) Where the alternations do not materially affect the dimensions or the tonnage of the fishing boat, the registrar shall enter the alternations in the register and also in the Certificate of Registry of the fishing boat.

(3) Where the alternations materially affect the dimension or the tonnage of the fishing boat the registrar shall proceed to register the fishing boat de novo.

9.3.9. TRANSFER OF REGISTRY:

(1) If all persons having an interest in an Indian Fishing Boat, whether as owner or as mortagee, desire that registry of the Fishing Boat should be transferred from one port to another, they may apply in Form VII to the registrar of the port of registry for such transfer. 

(2) The registrar of the port of registry shall, if he is satisfied that the transfer is unobjectionable, transmit the particulars of the Indian Fishing Boat and the encumbrance, if any thereon to the registrar of the intended port of registry.

(3) The registrar at the intended port of registry, after he is satisfied that the new official number with the distinguishing letters of the port are duly marked on the fishing boat shall issue a fresh certificate of registry and communicate to the registrar of the original port of registry the official number assigned to the Indian Fishing Boat and the date of its registry.

9.3.10. CLOSING OF REGISTRY:

(1) Where the registry of an Indian Fishing Boat is transferred the registrar of the original port of registry shall close the registry of the Indian Fishing Boat in his register.

(2) Where the registry of an Indian Fishing Boat at any port is closed under Section 435-P of the Act or as per para (1) above, the registrar of the port shall forthwith submit to the Director General Of shipping a statement of the particulars of the fishing boat whose registry is closed and the circumstances in which the registry is closed.

9.3.11 TRANSFER OF FISHING BOAT OR INTEREST THEREIN:

(1) The owner, or in the case of joint ownership all the owners, of an Indian Fishing Boat desiring to transfer such fishing boat or any interest therein, shall apply to the registrar of the port of registry for permission to do so. (2) The registrar shall, after making such enquiry as he thinks necessary, forward the application together with his recommendation thereon to the Director General of Shipping for approval. (3) If the proposed transfer is approved, and after the sale has been effected, the transfers shall present to the registrar of the port a declaration of ownership the instrument of transfer and the existing certificate of registry of the fishing boat and thereupon, the registrar shall enter the particulars of the transfer in his register and issue a fresh certificate of registry.

9.3.12. MORTGAGE OF INDIAN FISHING BOAT:

(1) Every instrument of mortgage of an Indian Fishing Boat or any interest therein shall be in Form VIII or Form IX, as the case may be.

(2) The registrar shall, after satisfying himself that the instrument of mortgage has been properly executed, record the same in his register with the date and hour of acceptance and shall also make an endorsement to that effect on the mortgage instrument.

(3) Where there are two or more mortgages on the same fishing boat, their respective priorities shall be indicated in the register in the appropriate column by the letters A.B.C. ……. In alphabetical order.

(4) Where the Indian Fishing Boat belonging to a company or a co-operative society is mortgaged, the registrar shall not register the mortgage unless it has also been registered with the Registrar of Companies under Section 134 of the Companies Act, 1956 (1 of 1956) or, as the case may be, with the registrar of co-operative societies under the Co-operative Societies Act, 1912 (92 of 1912) or any other law relating to the Co-operative societies for the time being in force in any State.

(5) When the mortgage debt is fully discharged, the registrar shall, after satisfying himself that the receipt endorsed on the mortgage instrument is in order and that it is properly witnessed and where the mortgage is by a Company or a co-operative society also that a memorandum of satisfaction has been entered in the register of changes under Section138 of the Companies Act, 1956 or, as the case may be, under the co-operative Society Act, 1912, make an entry in the register relating to the discharge of the mortgage.

(6) No payment of any instalment of the mortgage debt shall be recorded in the register.

9.3.13. TRANSFER OF OWNERSHIP BY OPERATION OF LAW:

(1) Where the title to an Indian fishing Boat develops on any person by operation of law, such person shall apply to the registrar specifying the circumstances in which he has acquired title to the fishing boat and also adducing evidence of such acquisition.

(2) If the registrar, after making such enquiry as he thinks fit, is satisfied about the claim of the applicant, he shall register the particulars of the change of ownership in his register and also endorse the particulars in the certificate of registry in the fishing boat.

9.3.14. FISHING BOATS OWNED BY MINORS

(1) Where an Indian Fishing Boat is registered in the name of a person as the guardian of a minor, the ownership of the fishing boat shall remain with the minor, and on attainment of majority he may apply to the registrar for altering the entries in the register relating to the fishing boat.

(2) The registrar shall then issue a fresh certificate in the name of the applicant.

(3) No fees shall be charged for issuing a certificate of registry under para 2. above

9.3.15. PROVISIONAL CERTIFICATE OF REGISTRY

(1) Where an application for the registry or the registry a new of an Indian Fishing boat is pending before a registrar and the registrar is, having regard the circumstance of the case, of the opinion that the fishing boat should not be detained at the port till the issue of the certificate of registry, he may issue a provisional certificate of registry in form x.

(2) Every provisional certificate shall specify the particulars of the fishing boat and of the owner and skipper or tindal or any other person in charge of the fishing boat, or in the case of registry a new the particulars as entered in the original certificate of registry.

(3) A provisional certificate shall be valid for such period not exceeding three months as may be specified therein:

Provided that the registrar may, if he is satisfied that in the circumstances of the case it is necessary to do so, extend the period of validity of a provisional certificate by a further period not exceeding two months.

(4) The provisional certificate shall, on the expiry of the period of its validity or at time of the issue of a regular certificate of registry, whichever is earlier, be surrendered to the registrar.

9.3.16. ISSUE OF DUPLICATE COPIES OF CERTIFICATE:

(1) The registrar may, on application made by the owner in this behalf, issue a duplicate copy of a certificate of registry marked "DUPLICATE" in red ink if he is satisfied that the original certificate has been destroyed, lost, mislaid, mutilated or defaced.

(2) Every application for a duplicate copy of a certificate of registry shall be accompanied by a declaration regarding the circumstances in which the original certificate was destroyed, lost, mislaid, mutilated or defaced.

(3) Where a duplicate copy of a certificate of registry has been obtained on the ground that the original has been lost or mislaid, and such original is subsequently found or received by the owner, he shall forthwith surrender the original certificate the original certificate to the registrar who shall cancel the same.

(4) A duplicate copy of the certificate of registry shall not be granted on the ground that the original has been mutilated or defaced unless that the mutilated or defaced certificate is surrendered to the registrar.

9.3.17. CENTRAL REGISTER:

(1) The Director General of Shipping shall maintain a Central register, which shall contain all the entries recorded in the registers kept by the registrars.

(2) On completion of the registry of a fishing boat at a port, the registrar of the port shall immediately transmit to the said Director General a copy of the entries in his register relating to the fishing boat.

9.3.18. INSPECTION OF REGISTER AND SUPPLY OF COPIES OF ENTRIES:

(1) The register maintained by the registrar shall, on application made in this behalf and on payment of fee prescribed, be open to inspection during office hours by any person.

(2) A certified copy of any entry in a register may be granted by the registrar to any person on application made in that behalf and on payment of fee specified in Schedule II.

9.3.19. DECLARATION OF OWNERSHIP:

Every declaration of ownership under these rules shall be made before a registrar; Justice of Peace, a Judicial Magistrate of the First Class, a Mamlatdar or a Commissioner of Oaths.

9.3.20. FEES:

Fees shall be levied at the rate and for the purposes as prescribed and be paid to the registrar along with the application for recording the transaction.

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