1.
These rules may be the Lakshadweep Supply of Mechanised
Fishing boats (Hire Purchase) Rules, 1976.
2.
These l1)les shall come into force on the day of their Publication in
the Lakshadweep Gazette.
3.(a) "Administrator" mea11S the
Administrator of the Union Territory of Lakshadweep. .
(b) "Director of Fisheries" means the Officer
who is the head of the Department of Fisheries in the Union Territory of
Laksh4dweep .
(c) "Scrutinizing Authority" means and includes the Assistant Director
of Fisheries or any other Regional Officer stationed at different parts of
the Union Territory of Lakshadweep, in the Department of Fisheries.
(d) "Reporting Authority"' is the officer in
the Fisheries department stationed in each of the individual islands, which
constitute the Union Territory impawned to represent the Department of
Fisheries in the said island.
(e) "Fishing Boat" means a boat fitted with
mechanized means of propulsion intended to be used or engaged exclusively in
sea fishing for profit and include Pablo Boat.
(f) "Person" shall means and include a person
permanently inhabiting and carrying on his business in any part of the Union
Territory of Lakshadweep at least one of whose parents is an islander born
in anyone of the islands forming the Union Territory .
(g) "Owner" means in relation to the Fishing
boat is the person to whom it has been supplied under these rules or under
any of the pre-existing n1les relating to the supply of boats and includes
one having a share in the same boat.
(h) 'Crow' in relation to fishing boat means
all persons in charge of the boat and would include one having its command
at the time being.
4) The area; of operation of tl1e
Fishing boats issued under tl1ese rules shall be around anyone of the
islands of tl1e Union Territory of Lakshadweep and the sea surrounding the
island & and covering submerged reefs.
5) (a) First priority in the supply of
fishing boats under these rules shall be made to group of persons who are
member of the co-operative societies registered and established in
the Union Territory for the purpose of
fishing. Under this, preference shall be given to groups of persons trained
in to the Fisheries Department in mechanized fishing.
(b) The Second priority in tl1e supply of
:fishing boats shall be made to groups of persons and among groups
priority shall be given to tl1ose trained in mechanized fishing by the
Department of Fisheries. If there are groups of equal merits t11eir
e1igibi1ity shall be tested on the basis of tests prescribed in Rule 8 ( c )
(c) The next priority is for groups of
unemployed educated youths who possess educational qualification SSLC / SSC
or above and have opted fishing for self employment or group of youth who
have studied fishing science as vocational subjects up to X Std. Or group of
able bodied Ex- servicemen. In the case of groups of equal merits their
eligibility shall be tested on the basis of tests prescribed in 8 (c)
6.
Preference for the allotment of boats to each individual island shall
be on tl1e performance in fishing with the boats issued previously to each
island which shall be decided on the basis of fishing data available with
the Department of Fisheries, Islands which misuse the bats issued and with
poor record of fishing shall have only low priority in the allotment of
boats.
7. The
Application for fishing boats shall be made to the Director of Fisheries in
Form ' A' appended to these rules, in triplicate and handed over to the
Reporting Authority to maintain the requisite register recording receipt of
each of the applications received by him, noting descriptive particulars of
the concerned applicant and the date and the time of receipt of each of
them, countersigned by him at the end of each day which is available for
inspection and verification.
8 (a) The
Reporting Authority shall, ass expeditiously as possible make due enquiries
concerning the test qualifications and eligibility as are prescribed in the
rules and of such other necessary particulars as are according to him likely
to be useful to, reach a correct decision on their rival of competitive
claims in the matter of supply of fishing boats. Such repol1s of the
repotting authority shall be submitted by him along with the original and
duplicate of the application, with a maximum period of 10 days from the date
of receipt of application.
(c) The Director of Fisheries
on receipt of the original and duplicate of the application together with
its material papers sent by the Scrutinizing authority shall, before
making recommendations there on, have due regard to all similar pending
applications before him also to the number of fishing boats available for
supply to each island make appropriate recommendations to the Administrator,
following the following tests:
i) The point of time of the receipt of
the applications treating the one received earlier as entitled to priority
over that which was received later .
ii) Comparative Experience of the applicant
in each island of the applications in fishery, soundness of health,
training in mechanized fishing.
iii) Honesty and integrity and willingness
for repayment of loan.
iv) If the applicant Owes amount to the
Administration and if so in what account and if such amount are in default.
v) If the applicant owns or holds a fishing
boat (no applicant shall eligible for allotment) of a boat if owns or hold a
fishing boat on the date of application.
vi) If the applicant is an ex-serviceman
with health and aptitude in fishing.
vii) If the applicant is a criminal who has
been convicted and sentenced to undergo imprisonment for an offence
involving moral turpititude.
viii) If the applicant has been concerned in
or connected with anti- Government affairs
or activities of an objectionable type or character.
ix) If the applicant is dependant on fishing for a livelihood.
(d) i) If
on the application of the above prescribed tested it is found that two or
more applicants have satisfied all the tests, that which is earliest in
point of time shall be considered for acceptance subject to the priority
prescribed under Rule No.7.
ii) The Director of Fisheries shall submit
the applications to a Committee of Official and Non-Official members (head
by the Collector-Cum-Development Commissioner/Port Officer as Chairman,
Director of Fisheries as Member Secretary. Secretary (Administration),
Additional District Magistrate, Asst. Engineer (Shipping) and non-Officials
not exceeding six as embers, for its consideration. The committee shall
submit its recommendations to the Administrator for a decision on the
allotment of boats aVai1able for distribution. The decision of the
Administrator in this behalf shall be final. "However, the Administrator may
advise the committee to consider cases on priority including those who have
given lands for Navy, Cyclone affected persons etc (irrespective of
priorities recorded in writing".
9. (a) The applicants to whom the boats are sanctioned
shall take delivery of the delivery of the boats within the
period
specified the order with liability
for repayments
executing an agreement in
the prescribed form in favour of the Administrator which shall
be attested by at least t\Vo witnesses with a solemn declaration in the
presence of a Gazetted. Officer serving the Union Territory Administration
that he shall be bound by the several clauses contained in the agreement and
also by the rules regulating the allotment of fishing boats.
(b) Financial liability of the allottee
shall be the net amount of the cost of the fishing boat after the deduction
of the amount of subsidy sanctioned by the Government of India at the time
when the boat has been delivered to him, the cost of being the total of the
value of the hull and value of the engine installed in the boat together
with the cost of all accessories fitted or installed in the fishing boat
until delivery of the same to the allottee.
h)
The allottee under the HP agreements has not with standing anything
contained in these rules has option to purchase the allotted fishing boats
on payment of that amount for which the hire purchase agreement has been
executed by him less the amount which he has until such payment has already
been credited to his reaming account with the fisheries department.
i) On the closure of the
accounts of the boat hirer
clear
his financial liability for which the hire purchase
agreement
has for which the
hire purchase agreement has been
executed,
he shall be given by the Director of Fisheries
Official receipt
on his seal and signature to that
effect and conferring
full priority rights over the boat supplied to him.
10) The allottee has duty and
obligation under these rules to ensure the sea-worthiness and safety of the
fishing boat allotted to him until passing of ownership over the boat takes
place in the manner provided under these rules. Pursuant to this duty and
obligation the allottee after obtaining delivery' of the fishing boat shall
take out an Insurance policy at his own cost and expense against all marine
risks or loss in any manner in respect of the fishing boat and deliver the
Insurance policy so taken to the Director of Fisheries nominating him as the
person entitled to claim the benefits under the Insurance and in the event
of occurrence when the Insured amount becomes due and payable. The
insurance policy so taken out by the insured in respect of the fishing boat
shall be renewed from time to time until the entire liability of the insured
has been fully discharged. It shall be lawful for any of the officers in the
Fisheries Department to carry out instruction of the Fishing boat which
power includes the right of entry into the boat.
11 (a) The
allottee shall not in any manner effect transfer of the
fishing
boat to any other
person without the knowledge
and
prior permission of the Director of Fisheries,
obtained in that
behalf.
It is, however, provided that the rights and liabilities of the
allottee under these rules and under the agreement of HP shall
be
heritable and will develop upon hiss legal heirs, successors
and
executors.
(b) Whoever, in contravention of
these rules effects transfer by
gift
sale, mortgage lease or license or
other wise of the , boat hired out to body of persons, such transfer shall
be hull and void under these rules and the boat so transferred shall
be liable to be seized or forfeited by the Director of Fisheries or the
Officer authorised by him on tl1is behalf.
(c)
The Director of Fisheries
has power to cancel the HP
agreement in the
event of violation of all
or any of
the provisions of'
these rules of the terms contained in the HP
agreement
executed by the allottee, in which event the
fishing
boat, allotted to him shall be
liable to be seized by the reporting
authority with police aid if necessary.
(d) The use of the fishing boat for any
purpose other than fish catching without the written authority of the,
Assistant Director of Fisheries shall be sufficient ground for cancellation
of the HP agreement and for seizure of the fishing boat by the Reporting
authority .
12 (a) In the
case of default of 2 consecutive installments, the hirer shall be required
to clear the arrears of installments together with the interest accrued till
tile date of payment within a stipulated time, and if the amount is not paid
before the due date of the third installment the boat shall be seized
without further notices and it shall be enforced by the Reporting authority.
On its seizure the hirer shall be bound to clear all the outstanding amount
together with interest due and incidental charges if any, incurred in
connection with seizure of the boat, within a specified period not
exceeding 15 days of the date of seizure . If within 15 day's from
the date of seizure, it is not paid clearing the amount in default,
the boat so seized may be supplied under order of the Director of Fisheries
to any other eligible applicant awaiting his chance of supply' who has
qualified himself by satisfying all the prescribed tests under these rules.
Provided that
whom boat "vas in repairs for a period not less than 30 days no
demand shall be made for that boat for that period and the different
of payment shall be allotted for that period to be payable along with
in the event of the boat not being available to be proceeded against the
properties of the hirer will be liable to be proceeded against. Further
installments.
(b) In the case of seizure of a boat in violation of any of the conditions
aforesaid, the hirer shall have no claim over the amount he has already
paid. Further, if the amount paid by the hirer towards the hire charges is
less tlkl11 the depreciated value of the boat at the rate of 10% per annum
for the period for which the boat was under his custody, hirer shall have
to pay- such amount in short.
(c)
Non-use or misuse by the allottee of the fishing boat for a continuous
period of a fortnight other to be sufficient for cancellation of the Hire
purchase agreement entitling the Fisheries Department, to seize the boat
from the custody of the allottee and to call upon him to repay the
entire outstanding amounts due by him under accounts maintained by
thee Fisheries Department.
(d) Any installment
not paid within 7 days of the due date shall be and installment in default
and all the installment in arrears shall be payable with a penal interest
of 2 l/2 %.
Sd/.
(M.C.VERMA)
Administrator
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