3. Prohibition of fishing in maritime zones of India by foreign vessels.—Subject to the provisions
of this Act, no foreign vessel shall, except under and in accordance with—
(a) a licence granted under section 4; or
(b) a permit granted under section 5,
by the Central Government, be used for fishing within any maritime zone of India.
4. Grant of licences.—(1) The owner of a foreign vessel or any other person [not being in either
case any person to whom any of the descriptions specified in sub-items (1) to (3) of item (i) of
sub-clause (II) of clause (e) of section 2 applies] who intends to use such vessel for fishing within any
maritime zone of India, may make an application to the Central Government for the grant of a licence.
(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such
fees as may be prescribed.
(3) No licence shall be granted unless the Central Government, having regard to such matters as may
be prescribed in the public interest in this behalf and after making such inquiry in respect of such other
matters as may be relevant, is satisfied that the licence may be granted.
(4) Every order granting or rejecting an application for the issue of a licence shall be in writing.
(5) A licence granted under this section—
(a) shall be in such form as may be prescribed;
(b) shall be valid for such areas, for such period, for such method of fishing and for such purposes
as may be specified therein;
(c) may be renewed from time to time; and
(d) shall be subject to such conditions and restrictions as may be prescribed and to such additional
conditions and restrictions as may be specified therein.
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(6) A person holding a licence under this section shall ensure that every person employed by him
complies, in the course of such employment, with the provisions of this Act, or any rule or order made
thereunder and the conditions of such licence.
5. Prohibition of fishing by Indian citizens, etc., using foreign vessels.—(1) Every Indian citizen
and every person to whom any of the descriptions specified in sub-item (2) or (3) of item (i) of
sub-clause (II) of clause (e) of section 2 applies, who intends to use any foreign vessel for fishing within
any maritime zone of India, may make an application to the Central Government for a permit to use such
vessel for such purpose.
(2) Every application under sub-section (1) shall be made in such form and shall be accompanied by
such fees as may be prescribed.
(3) No permit shall be granted unless the Central Government, having regard to such matters as may
be prescribed in the public interest in this behalf and after making such inquiry in respect of such other
matters as may be relevant, is satisfied that the permit may be granted.
(4) Every order granting or rejecting an application for the grant of such permit shall be in writing.
(5) A permit granted under this section—
(a) shall be in such form as may be prescribed;
(b) shall be valid for such areas, for such period, for such method of fishing and for such purposes
as may be specified therein;
(c) may be renewed from time to time; and
(d) shall be subject to such conditions and restrictions as may be prescribed and to such additional
conditions and restrictions as may be specified therein.
(6) A person holding a permit under this section shall ensure that every person employed by him
complies, in the course of such employment, with the provisions of this Act or any rule or order made
thereunder and the conditions of such permit.
(7) Notwithstanding anything contained in the foregoing provisions of this section, or in section 3,
any permission granted to an Indian citizen to use or employ foreign fishing vessels in any maritime zone
of India and in force immediately before the commencement of this Act shall, if the terms and conditions
of such permission are not inconsistent with the provisions of this Act, be deemed to be a permit granted
under this section and such permission shall continue to be in force after such commencement on the
same terms and conditions, including the conditions as to the area of operation and the period of its
validity, and the provisions of this Act shall, so far as may be, apply to such permission.
6. Cancellation or suspension of licence or permit.—(1) The Central Government may, if there is
any reasonable cause to believe that the holder of any licence or permit has made any statement in, or in
relation to, any application for the grant or renewal of such licence or permit which is incorrect or false in
material particulars or has contravened any of the provisions of this Act or any rule or order made
thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein,
suspend such licence or permit, as the case may be, pending the completion of any inquiry against such
holder for making such incorrect or false statement or for such contravention, as the case may be.
(2) Where the Central Government is satisfied, after making such inquiry as is necessary, that the
holder of any licence or permit has made such incorrect or false statement as is referred to in
sub-section (1) or has contravened the provisions of this Act, rule or order made thereunder or of the
provisions of any licence or permit or any conditions or restrictions specified therein, it may, without
prejudice to any other penalty to which such holder may be liable under the provisions of this Act, cancel
such licence or permit, as the case may be.
(3) Every person whose licence or permit has been suspended under sub-section (1) shall,
immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence
or permit is given and shall not resume such fishing until the order of suspension has been revoked.
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(4) Every holder of a licence or permit which is suspended or cancelled shall, immediately after such
suspension or cancellation, surrender such licence or permit, as the case may be, to the Central
Government.
7. Foreign vessel entering maritime zones of India without licence or permit to stow
gear.—Where any foreign vessel enters any maritime zone of India without a valid licence or permit
granted under this Act, the fishing gear, if any, of such vessel shall, at all times while it is in such zone, be
kept stowed in the prescribed manner.
8. Fishing for scientific research, investigation, etc.—Notwithstanding anything contained in
section 3, the Central Government may, in writing, permit a foreign vessel to be used for fishing within
any maritime zone of India for the purpose of carrying out any scientific research or investigation or for
any experimental fishing in accordance with such terms and conditions as may be prescribed.