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435O.
Transfer of registry-- The registry of an Indian fishing boat may
be transferred from one port or palce to another port or place in
India on the application of the owner of the fishing boat, in accordance
with such rules as may be made in this behalf.
435P.
Closure of registry-- If an Indian fishing boat is lost, destroyed
or rendered permanently unfit for service, the owner of such fishing
boat shall, with the least possible delay, report the fact to the
registrar of the port or place where the fishing boat is registered
and also forward to him certificate of registry in respect of the
fishing boat; and thereupon the registrar shall have the registry
of the fishing boat closed.
435Q.
Restriction on transfer of Indian fishing boats-- No person shall
transfer or acquire any Indian fishing boat registered under this
Part or any interest therein without the previous approval of the
Central Governement; and any transaction effected in contravention
of this section be void and unenforcable.
435R.
Mortgage of Indian fishing boats-- (1) Every mortgage of an Indian
fishing boat or any interest therein effected after the date on
which this Part comes into force shall be registered with the registrar.
(2)
Every mortgage of an Indian fishing boat or any interest therein
effected before the date on which this Part comes into force shall,
if subsisting on that date, be registered with the registrar within
three months from that date.
(3)
The registrar shall enter every such mortgage in the fishing boats
register in the order in which it is registered with him.
(4)
If there are more mortgages than one recorded in respect of the
same Indian fishing boat or interest therein, the mortgages shall,
notwithstanding any express, implied or constructive notice, have
priority according to the date on which each mortgage is registered
wiht the registrar and not according to the date of each mortgage
itself.
Provided
that nothing contained in this sub-section shall effect the relative
priorities as they existed immediately before the date on which
this Part comes into force as between mortgages of the same fishing
boat or interest therein effected before such date which are registered
in accordance with the provisions of sub-section (2).
435S.
Fraudulent use of certificate of registry or certificate of inspection,
etc., prohibited-- (1) No person shall use or attempt to use the
certificate of registry of the certificate of inspection granted
in respect of an Indian fishing boat for any purpose other than
the lawful operation of that fishing boat.
(2)
No person shall use or attempt to use for the operation of an Indian
fishing boat, a certificate of registry or a certificate of inspection
not granted in respect of that fishing boat.
(3)
No person who has in his possession or under his control the certificate
of registry or the certificate of inspection of an Indian fishing
boat shall refuse or omit wihtout reasonable cause to deliver such
certificate on demand to the owner of the fishing boat.
435T.
Statement relating to crew of Indian fishing boat to be maintained--
(1) Every owner, sipper, tindal or other person in charge of a mechanised
Indian fishing boat of 25 registered tons and above shall maintain
or cause to be maintained in the prescribed form a statement of
the crew of the fishing boat containing the following particulars
with respect to each memeber thereof, namely:--
(a)
his name;
(b)
the wages payable to him;
(c)
the names and addresses of his next-of-kin;
(d)
the date of commencement of his employment ; and
(e)
such other particulars as may be prescribed.
Provided
that the Central Government may, if it is of opinion that it is
necessary or expedient so to do, and for reasons to be recorded
in writing, exempt, by general or special order, any Indian fishing
boat or class of Indian fishing boats from the provisions of this
sub-section.
(2)
Every change in the crew of the Indian fishing boat shall be entered
in the statement undr sub-section (1).
(3)
A copy of such statement and of every change entered therein shall
be communicated as soon as possible to the registrar of the port
or place or registry of the Indian fishing boat concerned.
435U.
Power to make rules respecting Indian fishing boats-- (1) The Central
Government may make rules to carry out the provisions of this Part.
(2)
In particular, and wihtout perjudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:--
(a)
the form in which applications for certificates of registry shall
be made and the particulars which such applications should contain;
(b)
the manner in which tonnage of an Indian fishing boat shall be ascertained;
(c)
the form in which fishing boats register shall be maintained;
(d)
the forms in which certificates of registry and certificates of
inspection may be issued;
(e)
the fees which may be levied for the issue of the re-issue of certificates
of registry or certificates of inspection and for all other purposes
of this Part;
(f)
the manner in which the name, number assigned to the Indian fishing
boat and name of the port or place to which she belongs shall be
painted;
(g)
the manner in which any change may be made in the name of an Indian
fishing boat;
(h)
any exemption from the requirements relating to carriage of safety
equipment and appliances by an Indian fishing boat that may be specially
granted under section 435J in respect of such fishing boat;
(I)
the manner in which alterations in Indian fishing boats shall be
reported and applications for the registry of such alterations in
the certificates of registry of Indian fishing boats shall be made,
the endorsement of the particulars of alterations on the certificates
of registry, the grant of provisional certificates in cases where
Indian fishing boats are directed to be registered anew, cases in
which Indian fishing boats shall be registered anew, the period
for which provisional certificates shall be valid and all other
matters ancillary to the registry of alterations;
(j)
the manner in which registry of an Indian fishing boat may be transferred
from one port or place in India to another port or place in India;
(k)
the form in which statement of members of crew of an Indian fishing
boat may be maintained;
(l)
any other matter which has to be or may be prescribed.
435V.
Application to India fishing boats of other provisions relating
to ships-- The Central Government may, by notification in the Official
Gazette, direct that any provisions of this Act other than those
contained in this Part which do not expressly apply to Indian fishing
boats shall also apply to Indian fishing boats subject to such conditions,
exceptions and modifications as may be specified in the notification.
435W.
Fishery data to be furnished by Indian fishing baots-- The Central
Government may, by notification in the Official Gazette, require
every Indian fishing boat or any specified class of Indian fishing
boats to furnish such fishery data to the registrar in such form
and at such periodical intervals as may be specified in that notification.
435X.
Power of exempt-- Notwithstanding anything contained in this Part,
the Central Government may, by order in writing, and upon such conditions
as it may think fit to impose, exempt any Indian fishng boat or
class of Indian fishing boats or skipper, tindal or member of crew
of such fishing boat or class of fishing boats from any specified
requirement contained in or prescribed by any rules made in pursuance
of any provision of this Part or from any other requirement of this
Act extended to Indian fishing boats or to personnel employed on
Indian fishing boats by a notification issued under section 435V,
if it is satisified that the requirement is substantially complied
with or the compliance with the requirement may be impracticable
or unreasonable in the circumstances attending the case.]
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