18. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1973), every offence punishable under this Act shall be cognizable.
19. Cognizance and trial of offences.—(1) No Court shall take cognizance of any offence
punishable under this Act except on a report in writing of the facts constituting such offence made by an
authorised officer.
(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence under this Act.
20. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in
section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan
Magistrate or any Judicial Magistrate of the first class specially empowered by the State Government in
this behalf to pass any sentence authorised by this Act.
21. Place of trial.—Any person committing an offence under this Act or any rules made thereunder
may be tried for the offence in such place as the Central Government may, by general or special order,
published in the Official Gazette, direct in this behalf.
22. Presumptions.—(1) Where any offence is alleged to have been committed under the provisions
of this Act, the place of commission of such offence shall be presumed on the basis of the certified copy
8
of the relevant entry in the log book or other official record of the vessel or aircraft which was used in
connection with the detection of the offence.
(2) Where any foreign vessel is found within any maritime zone of India and the fishing gear of such
vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed,
unless the contrary is proved, that the said vessel was used for fishing within that zone.
23. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done in pursuance
of the provisions of this Act.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely
to be caused for anything which is in good faith done or intended to be done in pursuance of the
provisions of this Act.
24. Act to supplement other laws.—The provisions of this Act shall be in addition to and not in
derogation of the provisions of any other law for the time being in force.
25. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice 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 an application for a licence or permit may be made and the fees that shall
accompany such application;
(b) the matters which may be taken into account in the granting of licences and permits;
(c) the form of licences and permits and the conditions and restrictions subject to which licences
and permits may be granted;
(d) the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7;
(e) the terms and conditions under which a foreign vessel may be permitted 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 under section 8;
(f) the form in which an application may be made for releasing the vessel or other things seized
under the first proviso to clause (a) of sub-section (4) of section 9;
(g) any other matter which is required to be, or may be, prescribed.
(3) In making any rule under this section, the Central Government may provide that a contravention
thereof shall be punishable with fine which may extend to fifty thousand rupees.
(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
26. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to it to be necessary for removing the
difficulty :
Provided that no order shall be made under this section after the expiry of three years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.