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The Marine Fisheries Ordinance, 1983

( Ordinance NO. XXXV OF 1983 )

এই অধ্যাদেশ সামুদ্রিক মৎস্য (Marine Fisheries) আইন, ২০২০ (২০২০ সনের ১৯ নং আইন) দ্বারা রহিত করা হইয়াছে।

Obstruction of authorised officer, etc.
41. Any person who wilfully obstructs any authorised officer in the exercise of any of the powers conferred on him by or under this Ordinance shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.
Wilful damage of fishing vessels, etc.
42. Any person who wilfully and unlawfully damages or destroys any fishing vessels, fishing stakes, fishing gear or fishing appliances shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.
Contravention of conditions of licence.
43. Any person who contravenes any condition of any licence shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.
Destruction to avoid seizure or detection.
44. Any person who destroys or abandons any fish, fishing gear or fishing appliances, explosives, poison or other noxious substances or any other thing with intent to avoid their seizure or the detection of any offence against the provisions of this Ordinance or any rules made thereunder shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding Taka one lakh, or to both.
Failure to mark vessel
45. Any person who owns or operates a fishing vessel in the Bangladesh fisheries waters which is not marked in the prescribed manner shall be guilty of an offence and shall be liable to a fine not exceeding Taka twenty five thousand.
Skipper liable for offences committed by persons on board the vessel
46. Where an offence against any provisions of this Ordinance or any rules made thereunder has been committed by any person belonging to or on board a fishing vessel, the skipper of such vessel shall also be guilty of such offence and shall be liable to a fine not exceeding Taka five thousand.
Compounding of offences
47. Any authorised officer may compound any offence against the provisions of this Ordinance or any rules made thereunder for a sum of money not less than one tenth of the maximum fine provided for such offence provided that in no case shall the sum be less than Taka five thousand.
Forfeiture of vessels etc., seized
48. (1) Any vessel, fishing gear or fishing appliances, explosives, poison or other noxious substance or apparatus seized under sub section (1) of section 33 or the proceeds of sale under section 38 shall, subject to the provisions of sub section (3),-
 
 
(a) if a prosecution is to be brought under this Ordinance, be held in such custody as may be prescribed pending the outcome of such prosecution; or
 
 
(b) if no prosecution is to be brought under this Ordinance, be held in the custody as aforesaid for a period of one month at the end of which period they shall be deemed to be forfeited to the Government unless, during such period, any written claim is received from the skipper, owner or charterer, if any, contesting such forfeiture.
 
 
(2) Where any written claim contesting forfeiture is received under clause (b) of sub section (1), either-
 
 
(a) the subject matter of the claim shall be released and delivered to the claimant forthwith; or
 
 
(b) the claim shall be referred to the Court for its decision.
 
 
(3) Notwithstanding anything contained in this section, the Court may order the release of any fishing vessel, fishing gear or fishing appliances seized under section 33 on receipt of a satisfactory bond or other security from any person claiming such property.
Court may order forfeiture in addition to any other penalty imposed
49. Where any person is convicted of an offence against any provision of this Ordinance or any rules made thereunder, or where the Court finds that an offence has been committed against any provision of this Ordinance or any rules made
 
 
thereunder, the Court, in addition to any other penalty imposed,-
 
 
(a) may order that any fishing vessel (including its furniture, appurtenances, stores and cargo), fishing gear, nets or other fishing appliances used in the commission of such offence shall be forfeited to the Government or that the licence shall be suspended for such period of time as the Court may think fit or be cancelled; and
 
 
(b) shall order that any fish caught in the commission of such offence or the proceeds of sale of any such fish under section 38 and any explosives, poison or other noxious substances used in the commission of such offence shall be forfeited to the Government.
Vessels, etc., forfeited may be disposed of by the Government
50. Any vessel (including its furniture, appurtenances, stores and cargo), fishing gear, nets or other fishing appliances, explosives, poison or other noxious substances, and any fish or proceeds of the sale of fish deemed or ordered to be forfeited to the Government under section 48 or 49 shall be disposed of in such manner as the Government may think fit.
Fish found on board a fishing vessel committing an offence presumed to be caught illegally
51. All fish found on board any fishing vessel which has been used in the commission of an offence against any provisions of this Ordinance or any rules made thereunder shall, unless the contrary is proved, be presumed to have been caught illegally in the Bangladesh fisheries waters.
Offences triable as if committed within limits of local jurisdiction
52. Any offence against any of the provisions of this Ordinance or any rules made thereunder committed within the Bangladesh fisheries waters by any person shall be guilty of an offence under this Ordinance and shall be triable in any Court of Bangladesh as if such offence had been committed in any place in Bangladesh within the local limits of the jurisdiction of such Court.
Service of documents
53. Where, for the purposes of this Ordinance or any rules made thereunder, any document is to be served on any person, that document may be served-
 
 
(a) in any case, by delivering a copy thereof personally to the person to be served; or
 
 
(b) if the document is to be served on the skipper or on a person on board a fishing vessel, by leaving the same for him on board that vessel with the skipper or the person who is, or appears to be, in command or charge of the vessel for the time being; or
 
 
(c) by affixing a copy of the document to any conspicuous part of his residence; or
 
 
(d) sending it by registered post acknowledgement due addressed to his last known place of abode.
Special powers for Magistrates
54. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), any Magistrate of the first class especially empowered by the Government in this behalf may pass a sentence of fine exceeding Taka ten thousand for an offence under this Ordinance and the rules made thereunder.
 
 

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