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State of Kerala - Section

Section 9A in Kerala Marine Fishing Regulation Act, 1980

9A. [ Registration of boat building yard. [Inserted by Kerala Act No. 22 of 2017, dated 18.9.2017.]

(1)The owner of every boat building yard shall register the boat building yard under the provisions of this Act and the rules made thereunder.
(2)Every application for registration of a boat building yard shall be made by the owner to the authorised officer in such form, containing such particulars and accompanied by such fees, as may be prescribed.
(3)Notwithstanding anything contained in this Act, but subject to provisions contained in sub-section (4), every owner.of a boat building yard existing before the commencement of the Kerala Marine Fishing Regulation (Amendment) Act. 2017 may continue the same.
(4)Every boat building yard continued under sub-section (3) shall not continue after the expiry of three months from the date of commencement of the Act specified in sub-section (3) unless the unit is registered under section 9A:Provided that the authorised officer may, for sufficient reasons to be recorded in writing, extend the time limit for registration for a further period not exceeding three months as he deems fit.
(5)The authorised officer on receipt of an application for registration may, after making such enquiry as he deems fit and having regard to the matters referred to in sub-section (6), either grant or refuse to grant the certificate of registration, within such period, as may be prescribed.
(6)In granting or refusing registration under sub-section (5), the authorised officer shall have regard to the following matters, namely:-
(a)whether the boat building yard has the required specifications as may be prescribed;
(b)declaration showing the purpose and use of the vessel in a form as may be prescribed;
(c)whether the boat building yard is equipped with the fire safety system, first aid facility and such other facilities as may be prescribed; and
(d)any other matter as may be prescribed.
(7)Where the authorised officer decided to grant such registration to the owner of the boat building yard, the certificate of registration shall be issued in such form, subject to such conditions, on payment of such fees and furnishing such security as may be prescribed for the due performance of the conditions.
(8)Registration once granted under this Act shall be valid for a period of five years from the date of issue of the certificate of registration.
(9)Every boat building yard registered under this Act' shall carry a registration number and a mark, assigned to it by the authorised officer and the registration number and the mark so assigned shall be displayed in the prescribed manner.
(10)Where the authorised officer refuses to grant such registration, the reasons for such refusal shall be recorded in writing and an order of refusal shall be communicated to the owner of the boat building yard together with the reasons thereof.
(11)The owner of every boat building yard, shall furnish a certificate to the effect that the fishing vessels are built as per the approved type of design and are seaworthy as prescribed by rules and such certificate shall be enclosed by the fishermen at the time of registration of such fishing vessels under this Act.
(12)The authorised officer shall conduct inspection in a boat building yard at any time in the manner as may be prescribed.
(13)The construction of fishing vessel should be undergone in adherence to approved plan in which naval architect shall conduct various stages of inspection in the manner as may be prescribed.
(14)The functioning of the boat building yard shall be in the manner as may be prescribed.