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1993 Supreme(Ker) 475
High Court of Kerala
Mamidana Jagannadha Rao, K.J. Mathew, JJ.
Kerala Trawlnt Boat Operators Association - Appellant
Versus
State of Kerala - Respondent
O.P. No. 8238 of 1992
Decided On : 25-03-1993
Important Points
Subject
Regulatory Law - Maritime Law
Headnote
Fishing Vessels - Central Government Regulations - Part XVA of Merchant Shipping Act, 1958, Merchant Shipping (Registration of India Fishing Boat) Rules, 1988, Merchant Shipping (India Fishing Boat Inspection) Rules, 1988, Merchant Shipping (Tonnage Measurement of Ships) Rules, 1987, Merchant Shipping (Tonnage Measurement of Sailing Vessel) Rules, 1960, Merchant Shipping (Life Saving Appliances) Rules, 1991, Merchant Shipping (Fire Appliances) Rules, 1969, Merchant Shipping (Preventions of Collision at Sea (Regulation) Rules, 1975, Marine Zone of India (Regulation of Fishing by Foreign Vessels) Act 42 of 1981 - The judgment discusses the provisions of various statutes, rules, and notifications applicable to fishing vessels and boats engaged in sea fishing for profit, emphasizing the requirements for registration, inspection, tonnage measurement, life-saving appliances, fire appliances, and compliance with Central Government regulations. It highlights that the Central Government has not prohibited fishing vessels from going beyond territorial water limits, provided compliance with the mentioned regulations.
Fact of the Case:
The court discussed the various statutes, rules, and notifications applicable to fishing vessels and boats engaged in sea fishing for profit, emphasizing the requirements for registration, inspection, tonnage measurement, life-saving appliances, fire appliances, and compliance with Central Government regulations. It highlighted that the Central Government has not prohibited fishing vessels from going beyond territorial water limits, provided compliance with the mentioned regulations.
Finding of the Court:
The court found that the Central Government has not prohibited fishing vessels from going beyond territorial water limits, provided compliance with the mentioned regulations. It held that the State Government cannot rely on the provisions of the Kerala Act for regulating fishing activities beyond the territorial waters alongside the coast of Kerala.
Issues: The issues revolved around the applicability of various statutes, rules, and notifications to fishing vessels and boats engaged in sea fishing for profit, and the authority of the State Government to regulate fishing activities beyond the territorial waters alongside the coast of Kerala.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Merchant Shipping Act, 1958, and related rules and notifications, emphasizing the absence of prohibition by the Central Government for fishing vessels to go beyond territorial water limits, provided compliance with the mentioned regulations. It also relied on the first proviso to S.5 of the Kerala Marine Fishing Regulation Act, 1980, to support its findings.
Final Decision: The court allowed the writ petitions, declared a specific notification void, and held that the State Government cannot rely on the provisions of the Kerala Act for regulating fishing activities beyond the territorial waters alongside the coast of Kerala. It issued declarations and directions covering all the original petitions.
Jagannadha Rao, J
1. The order which we now propose to pass will be a continuous order which we passed in CM.P.No. 13974 of 1992 in O.P.No.8238 of 1992, and other connected cases on 31-7-1992.
2. As staled under Point No.4 in the said order dated 31-7-1992, we are now passing the final orders in the writ petitions. So far as Points 1 to 3 decided by us on 31-7-1992 are concerned, they will be treated as part and parcel of this Judgment. As far as Point No.4 is concerned, we are passing further orders.
3. The learned Standing Counsel for the Central Government had now filed a statement in O.P.No.9097 of 1992 G which is adopted in all the other writ petitions. In the said statement it is stated:
"The following provisions of the statute and rules apply in respect of fishing vessels that are fitted with Mechanical means of propulsion and are exclusively engaged in sea fishing for profit and also to every sailing vessel, whether or not fitted with mechanical means of propulsion, that is solely engaged in fishing for profit. Further the Central Government, may, by notification in the official Gazette, specify every Boat or Craft or any other type that is used solely .for fishing to be a Fishing Boat.
a) Part XVA of Merchant Shipping Act, 1958.
b) The Merchant Shipping (Registration of India Fishing Boat) Rules, 1988.
c) The Merchant Shipping (India Fishing Boat Inspection) Rules, 1988.
d) For the purpose of tonnage in relation to a Fishing Vessel, the Merchant Shipping (Tonnage Measurement of Ships), Rules, 1987.
e) For the purpose of tonnage in relation to a sailing vessel or a boat or a craft I used solely for fishing which the Central Government may, notify and specify to be a fishing Boat, the Merchant Shipping (Tonnage Measurement of Sailing Vessel) Rules, 1960.
f) In respect of Life Saving Appliances, Fire Appliances, Lights, Shapes and Sound Signal, the Merchant Shipping (Life Saving Appliances) Rules, 1991, the Merchant Shipping (Fire Appliances) Rules, 1969 and the Merchant Shipping (Preventions of Collition at Sea (Regulation) Rules, 1975 will apply.
i) Central Statues applicable to Mehanised Boats or Trawlers fishing beyond the territorial waters.
Part XV of the Merchant Shipping Act, 1958.
ii) Other Rules applicable (Section 435 J )
a. M.S. (Registration of Indian Fishing Boats Rules, 1988 (S.435 C)
b. M.S. (Indian Fishing Boats Inspection) Rules, 1988(S.435 K)
iii) Other Rules applicable (Section 435 J)
1. M.S. (Life Saving Appliances Rules, 1992
2. M.S. (Fire Appliances) Rules, 1992
3. M.S. (Prevention of Collision at Sea) Regulation, 1975.
iv) Manning
Section 76(4) & 78 of M.S. Act M.S. (Amendment Act) 1987
v) Various Certificates to be Possessed by Indian Fishing Boats.
a) Certificate of Registry (F.B. Form V)
b) Certificate of Inspection (From No.FBIC-III)
vi) Notifications:
G.S.R.No. 865 dt. 7-10-1988 and G.S.R.No. 131 dt. 15-2-1991 (Regarding Ss., 435 D and E)
The learned Standing Counsel also stated that in addition to the above, there is The Marine Zone of India (Regulation of Fishing by Foreign Vessels) Act 42 of 1981, which is also a Central legislation governing the fishing boats.
4. The learned Standing Counsel for the Central Government further stated in Para.4 of the statement as follows:
"It is submitted that the Central Government had not issued any Notification suiting that only Boats with a particular Horse-power, length or net Tonnage can be allowed to go beyond the territorial waters for fishing purposes. The registration formalities and the certificates mentioned in the above said provisions of laws and rules also apply to the mechanised boats as well as trawlers solely engaged in fishing. It is also further stated that no distinction is made. applicable in the above Rules and Laws on account of varying Horse-powe
