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Union of India - Section

Section 5 in The Kandla Harbour Craft Rules, 1955

5. Licensing of harbour craft.

- (i) Every application for the licensing of a harbour craft under rule 4 shall be made to the licensing officer in writing and shall furnish the following particulars namely :
(a)the owner's name and address in full and if the owner is a minor, the name and address of his guardian also;
(b)the name and address of the agent, if any, duly authorised by the owner to act on his behalf;
(c)the name of the tindal whom the owner proposes to place incharge of the harbour craft; and
(d)the nature of the licence required applied for, that is to say, whether the licence is required for a passenger boat or for a cargo boat or for any other purpose.
(ii)On receipt of an application for licence, under sub-rule (i) the licensing officer shall, on payment of fees prescribed in rule 30 survey and measure the harbour craft, or cause it to be surveyed and measured in the presence of the owner or of any person duly authorised for the purpose by such owner, and grant a licence in Form Won being satisfied that the craft is seaworthy and fit for service at the port, or upon the production of a certificate in writing from the officer who surveyed the craft certifying
(a)that such craft is seaworthy, properly equipped and suited for the purpose for which the licence is required;
(b)the number of passengers that such craft is capable of carrying under all conditions;
(c)the number of crew required for safe navigation of such craft; and
(d)that the equipment of such craft is in good order and condition.
(iii)Harbour craft possessing fishing licence issued by the Chief Commissioner for Kutch shall also apply for a licence under the rules before commencing fishing operations. Such crafts shall observe the following special precautions in addition to the other rules prescribed for other craft, namely :
(a)the fish shall be brought and landed only at the appointed places;
(b)wharfage charges at the rate specified in the Schedule of rates in force shall be paid on landing;
(c)the licensee shall abide by the rules and regulations of the port in respect of plying the craft and using the landing places;
(d)the licensee shall observe all formalities required by the Customs Authority and the Government of Kutch for carrying out the operation of fishing and removal of the fish to the town for either consumption locally or for onward railing into the Hinterland;
(e)the licence shall be cancelled or withdrawn at the discretion of the licensing officer without assigning any reason whatsoever and at any time by giving an intimation in writing to the licensee.
(f)the licensee shall be liable for any damage, loss, etc., if any caused to the Government property in the course of his fishing operation within the Port Limits, and
(g)no fishing shall be permitted in the whole of Kandla Creek and in such parts of the approaches to the Creek as may be laid down from time to time by the licensing officer when necessary for navigational purposes.
(vi)For purposes of the survey and measurement prescribed in sub-rule (ii), the owner shall cause the harbour craft to be brought to such place as the licensing officer may direct.