Section 24 in Kerala Marine Fishing Regulation Act, 1980
24. Power to make rules.
(1)The Government may, by notification in the Gazette, make rules for carrying out the provisions of this Act.(2)In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the matters to which regard shall be had in making an order under subsection (1) of S.4;(b)the form of the application for licence under sub-section (1) of Section 6, the particulars which it shall contain and the fees which shall accompany it;(c)the matters to which regard shall be had in granting or refusing a licence under clause (d) of sub-section (4) of S.6 the fees payable for the licence and the security for the due performance of the conditions of the licence;(d)the procedure to be followed in granting or refusing a licence under Section 6 or cancelling, suspending, varying or amending such licence or in registering a vessel under Section 9 or cancelling such registration;(e)the form of the application for registration of a vessel under S.9, the particulars which such application shall contain and the fees which shall accompany the application; the form of the certificate of registration and the form of the register referred to in sub-section(3) of that section, and the manner in which the registration mark referred to in sub-section (5) of that section shall be displayed;(ea)[ the manner in which the production, keeping and transportation of fishing gear under clause (e) of sub-section (1) of section 4 shall be prescribed; [Inserted by Kerala Act No. 22 of 2017, dated 18.9.2017.](eb)the form of application and the particulars to be contained therein and the fee for registration of a boat building yard and fishing net production unit under sub-section (2) of section 9A and sub-section (2) of section 9E respectively;(ec)the period within which an application for registration shall be granted or refused under sub-section (3) of section 9A;(ed)the required specification of the boat building yard under clause (a) of sub-section (4) of section 9A;(ee)the form of declaration under clause (b), the other facilities to be equipped under clause (d) of sub-section (4) of section 9A;(ef)other facilities to be equipped under clause (d) of sub-section (4) of section 9A;(eg)the manner in which the registration mark assigned under sub-section (7) of section 9A and sub-section (9) of section 9E shall be displayed;(eh)the form of certificate of registration, the conditions of registration, the fee payable and the securities for the due performance of the conditions under sub-section (5) of section 9A and sub-section (6) of section 9E;(ei)the type of design and seaworthiness of the boat under sub-section (9) of section 9A;(ej)the form of application for renewal of registration of a boat building yard under sub-section (2) of section 9B, the particulars which it shall contain and the fee which shall accompany it;(ek)the period within which an application for renewal of registration shall be granted or refused and the conditions and amount of enhanced fee for acceptance of application made after the prescribed period under sub-section (3) of section 9B;(el)the manner in which the inspection has to be conducted as per sub-section (10) of section 9A and sub-section (8) of section 9E;(em)the manner in which the functioning of the boat building yard are to be carried out shall be specified under sub-section (11) of section 9A;(en)the quality of the fishing net material and regulation of mesh size;(eo)(he manner in which the powers and duties of the State Fisheries Management Council are to be carried out under section 13B;(ep)the manner in which the powers and duties of the District Fisheries Management Council are to be carried out under section 13C;(eq)the manner in which the powers and duties of the Fishing Village Management Council are to be carried out under section 13D;(er)the manner in which the enquiry has to be conducted as per sub-section (3) of section 16;](f)the manner in which the information referred to in section 10 shall be given;(g)the time and manner in which the returns referred to in sub-section(1) of Section 11 shall not be furnished;(h)the authority to whom appeals shall be preferred under sub-section (1) of S.13.(i)the place and the manner in which an impounded fishing vessel shall be kept under sub-section (1) of Section 15 and the manner in which the proceeds of the disposal of the seized fish shall be deposited with the adjudicating officer under sub-section(2) of that section;(j)the procedure of the enquiry by the adjudicating officer under [sub-sections (2) and (3)] [Substituted 'sub-section (2)' by Kerala Act No. 22 of 2017, dated 18.9.2017.] of Section 16;(k)[ the procedure to be followed by the District Collector under section 18.] [Substituted by Kerala Act No. 28 of 1986, dated 30.11.1986.](l)the fees payable for the supply of copies of documents or orders or for any other purpose or matter involving the rendering of any service by any officer or authority under this Act;(m)any other matter which is to be, or may be, provided for by rules under this Act.(3)Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
