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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Preamble 1

Title: Karnataka Fishing Harbour Terminals Authority Act, 1986(15 of 1990) Amended by Act 16 of 1993

State: Karnataka

Year: 1986

THE KARNATAKA FISHING HARBOUR TERMINALS AUTHORITY ACT, 19861 [ACT, No. 15 of 1990] [28th April, 1990] PREAMBLE An Act to provide for Fishing Harbour Terminals Authority for development and conservancy of Fishing Harbour Terminals in the State of Karnataka. WHEREAS it is expedient to provide for the constitution, systematic development and conservancy of Fishing Harbour Terminals and matters incidental thereto for the purposes hereinafter appearing; BE it enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic India as follows:- __________________________ 1. First published in the Karnataka Gazette Extraordinary dated the Twelfth day of July, 1990

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 20

Title: Power to Remove and Take into Custody Person Committing Offence in the Fishing Harbour Terminal

State: Karnataka

Year: 1986

Any officer or authority incharge of or employed in any fishing harbour terminal may remove from such area or may take into custody without a warrant and forthwith handover to a police officer incharge of the nearest police station, any person who within his view,- (a) wilfully causes any damage to any building, installation, equipment or vehicle ; or (b) without proper authority interferes with any of the activities inside the fishing harbour terminal: Provided that every such person taken into custody shall be produced before the nearest magistrate within a period of twenty-four hours of such custody excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of Magistrate.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Chapter 2

Title: Constitution of the Authority

State: Karnataka

Year: 1986

.....interest; (o) the Managing Director of the Authority shall be the Secretary of the Authority. __________________________ 1. Inserted by Act 16 of 1993 w.e.f. 11.5.1993. Section 5 - Disqualification for the membership of the Authority (1) A person shall be disqualified for being nominated as, and for being, a member:- (a) if he has been convicted and sentenced to imprisonment for an offence which, in opinion of the State Government involves moral turpitude; (b) if he is of unsound mind and is so declared by a competent court; (c) if he an undischarged insolvent; (d) if he has been removed or dismissed for the service of the Central Government or the State Government or a corporation owned or controlled by the Central Government or the State Government or from the membership of the authority; (e) if he has , directly or indirectly, by himself or his partner, any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority; or (f) if he is employed as a legal practitioner on behalf of the Authority or accepts impalement as legal practitioner against the Authority. .....

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 10

Title: Functions of the Authority

State: Karnataka

Year: 1986

The authority shall have the following functions, namely:- (a) to develop, conserve, regulate and control fishing harbour terminals; (b) to maintain and supervise functions of fishing harbour terminals; (c) to acquire lands and purchase equipments and machineries for fishing harbour terminals; (d) to provide for safety measure for arrival and departure of vessels and shore installations within the fishing harbour terminals; (e) to arrange quick and hygenic handling of fish within the fishing harbor terminals; (f) to execute all works including disaster restoration work; (g) to prevent unauthorised use of explosive materials within the harbor terminals; (h) to supervise harbour terminal management; (i) to promote processing and storage facilities; (j) to levy and collect fees for facilities provided by the harbour terminals; (k) to do such other functions as are necessary for efficient discharge of functions by the fishing harbour terminals; (l) to collect statistics relating to fishing vessels, fish catches, boat side prices, harvest prices, cost of export; and (m) such other functions as may be assigned to the Authority by the State Government.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Chapter 1

Title: Preliminary

State: Karnataka

Year: 1986

(1) This Act may be called the Karnataka Fishing Harbour Terminals Authority Act, 1986. (2) It shall come into force on such1[date] as the State Government may, by notification, appoint and different dates may be appointed for different areas. ___________________________ 1. Act came into force on 1.1.2000 by notification. Text of the notification is at the end of the Act. Section 2 - Definitions In this Act, unless the context otherwise requires,- (a) "Authority" means the Karnataka Fishing Harbour Terminals Authority constituted under section 3; (b) "Chairman" means the Chairman of the Authority; (c) "fish" means and includes all aquatic animals and plants of sea and estuary; (d) "fishing harbour terminal" means any area notified as a fishing harbour terminal by1[the State Government but excluding the Area within the limits of a major port as defined in clause (8) of section 3 of the Ports Act, 1908 (Central Act 15 of 1908)] ___________________________ 1. Substituted by Act 16 of 1993 w.e.f. 11.5.1993.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Chapter 4

Title: Penalties

State: Karnataka

Year: 1986

.....from any person who has committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made thereunder, a sum of money not exceeding five hundred rupees, by way of composition for such offence. (2) On payment of such sum of money, the said person in custody shall be released and no further proceeding shall be taken against him in regard to the offence so compounded. Section 20 - Power to remove and take into custody person committing offence in the fishing harbour terminal Any officer or authority incharge of or employed in any fishing harbour terminal may remove from such area or may take into custody without a warrant and forthwith handover to a police officer incharge of the nearest police station, any person who within his view,- (a) wilfully causes any damage to any building, installation, equipment or vehicle ; or (b) without proper authority interferes with any of the activities inside the fishing harbour terminal: Provided that every such person taken into custody shall be produced before the nearest magistrate within a period of twenty-four hours of such custody excluding the time.....

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 2

Title: Definitions

State: Karnataka

Year: 1986

In this Act, unless the context otherwise requires,- (a) "Authority" means the Karnataka Fishing Harbour Terminals Authority constituted under section 3; (b) "Chairman" means the Chairman of the Authority; (c) "fish" means and includes all aquatic animals and plants of sea and estuary; (d) "fishing harbour terminal" means any area notified as a fishing harbour terminal by1[the State Government but excluding the Area within the limits of a major port as defined in clause (8) of section 3 of the Ports Act, 1908 (Central Act 15 of 1908)] ___________________________ 1. Substituted by Act 16 of 1993 w.e.f. 11.5.1993.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 3

Title: Constitution of the Authority

State: Karnataka

Year: 1986

(1) As soon as may be after the commencement of this Act, the State Government may, by notification constitute an authority for the whole of the State of Karnataka to develop, conserve and administer fishing harbour terminals. (2) The Authority shall be a body corporate by the name the Karnataka Fishing Harbour Terminals Authority having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property both moveable and immoveable, and to contract, and may by the said name sue and be sued. (3) The Head Office of the Authority shall be at Malpe.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 16

Title: Penalties

State: Karnataka

Year: 1986

(1) Whoever, voluntarily or without proper authority commits any damage to lands, installations and machineries within the fishing harbour terminal shall, on conviction, be punished with imprisonment which may extend to a period of six months or with a fine which may extend to five hundred rupees or with both. (2) Any person contravening any provision of this Act or any rule or regulation framed under this Act, for the contravention of which no penalty is provided shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

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Fishing Harbour Terminal Authority Act 1986 (15 of 1990) Amended by Act 16 of 1993 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 1986

(1) This Act may be called the Karnataka Fishing Harbour Terminals Authority Act, 1986. (2) It shall come into force on such1[date] as the State Government may, by notification, appoint and different dates may be appointed for different areas. ___________________________ 1. Act came into force on 1.1.2000 by notification. Text of the notification is at the end of the Act.

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