JUDGMENT 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. 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-power, length of net of different types of Boats etc. All the vessels registered under the Merchant Shipping Act and complying with all relevant rules are allowed to ply beyond the territorial water limits." 5. It is, therefore, clear that there is no Central Statute, Rule or Notification issued by the Central Government which prohibits any boat or ship to go beyond the territorial water limits of Kerala Coast for the purposes of fishing. On the other hand, Central Government has permitted these boats and vessels to go beyond the territorial water limits, provided such vessels are registered under the Merchant Shipping Act and the Rules mentioned above. 6. On the other hand, Central Government has permitted these boats and vessels to go beyond the territorial water limits, provided such vessels are registered under the Merchant Shipping Act and the Rules mentioned above. 6. So far as the certificates which the Indian Fishing Boats are to carry, they are: a) Certificate of Registry (F.B. Form V) b) Certificate of Inspection (Form No.FBIC-III) 7. It is also necessary to refer to G.S.R. 865 dated 7-10-1988, as modified by G.S.R. 131 dated 15-2-1991 regarding Ss.435D and 435E. G.S.R. 131 modifies G.S.R. 865 in certain respects. 8. G.S.R. 865 is a Notification issued by the Central Government, Ministry of Surface Transport (Shipping Wing), on 7-10-1988, which reads as follows: "In exercise of the powers conferred by S.435D and 435B of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby declares each of the Ports specified in column (1) of the Table annexed hereto to be the Ports ,of Places of registry of Indian fishing boats and appoints the officers specified in the corresponding entry in column (2) of the said schedule to be the registers of Indian fishing Boats in relation to such ports or places Ports Officers Xx XX XX 22. Calicut Port Officer, Celicut 23. Cohin Engineer & Ship Surveyor, Merchantile Marine Dept., Cohin. 24. Alleppey Port Officer 25. Neendakara Port Officer 26. Trivandrum Director of Ports Xx XX XX The above said notification is amended by G.S.R. 131 in exercise of powers under S.435D and 435E by the Central Government, on 15-2-1991 and the Notification was published in the Gazette of India, Part II, S.3, sub-s.(1) at page 491. In the said notification the word 'registers' is substituted. The amendment so far as Cochin is concerned is as follows: "As against serial number 23, in column 2, for the words 'Engineer and Ship Surveyor', the words 'Surveyor-in-charge' shall be substituted." 9. It will therefore be for the petitioners and the various members of the petitioner organisations to obtain the certificates mentioned above, viz. the Certificate of Registry (F.B. Form V) and Certificate of Inspection (Form FBIC-III) from the concerned competent authorities and then only proceed to conduct fishing operations. It will also be necessary to comply with the provisions of the various Statutes, Rules and Notifications. the Certificate of Registry (F.B. Form V) and Certificate of Inspection (Form FBIC-III) from the concerned competent authorities and then only proceed to conduct fishing operations. It will also be necessary to comply with the provisions of the various Statutes, Rules and Notifications. It will also be open to them, in case they are not able to obtain the certificate of registration in F.B. Form V under R.7(2), to obtain provisional certificate under R.17 of the Merchants Shipping (Registration of Indian Fishing Boat) Rules, 1988 and G.S.R. 865 by the Central Government. 10. Learned counsel for the 7th respondent pointed out that it will be necessary for the petitioners to comply with the provisions of Merchants Shipping Act as amended by Central Act 13 of 1987, whereby S.75 and 76 have been respectively substituted by new provisions. Learned counsel points out that it will be for the petitioners to satisfy the requirements of S.76(4)(c), (d) and (g) read with Explanation thereto as introduced in by the amended Act 13 of 1987. The learned counsel also refers to R.43(a) and (b) and the provisos 1 and 2 thereto of the Merchants Shipping (Life Saving Appliances) Rules, 1991, which are published in the Gazette of India on 22-8-1991 in G.S.R. 491. 11. There is no need for making any hypothetical order that the petitioners should comply with any particular provisions of the Act, Rules and Notifications. It will be for the petitioners to satisfy the concerned competent authorities that they have satisfied the provisions of various Statutes, Rules and Notifications referred to above in case there is any complaint by the competent authority. 12. A contention was raised on behalf of the State Government that apart from the officers authorised by the Central Government, it will be necessary and convenient if this Court authorises some officers of the State Government to carry out the various provisions of the above said Statute, Rules and Notifications. This contention is objected to by the counsel for the petitioners on the ground that this Court cannot authorise persons who are not statutorily authorised by the Central Government. We a re of the view that it will not be for this Court to authorise the officers of Stale Government other than those, if any, already authorised by the Central Government. We a re of the view that it will not be for this Court to authorise the officers of Stale Government other than those, if any, already authorised by the Central Government. It will be for the Central Government to consider and decide whom they should authorise for the purposes of implementation of the provisions of the Acts, Rules and Notifications. 13. Point No.4 is finally so decided. We have ascertained the various Statutes, Rules and Notifications applicable to the Central Government in fishing operations beyond the territorial water limits. We also noticed that the Central Government has not prohibited any fishing vessels or boat to go beyond the territorial water limits provided the provisions of the above said Acts, Rules and Notifications are complied with. 14. In the result, we allow the writ petitions and hold as follows: "Ext.P1 notification dt. 25-6-1990 is void in so far as it specifies conditions in regard to 'any fishing vessel." In fact the provisions contained in the first proviso to S.5 of the Kerala Marine Fishing Regulation Act, 1980 itself shows that nothing in such order passed by the State shall be construed as preventing the passage of any fishing vessel from, or to, the shore, through any specified area to, or from, any area other than a specified area for the purpose of fishing in such other area or for any other purpose. We also hold that the State Government cannot rely on the provisions of the Kerala Act for regulating fishing activities beyond the territorial waters alongside of the coast of Kerala. We are also of the opinion that in view of the first proviso to S.5 of the Act, the Notification issued by the State Government as per Ext.P4 dated 20-6-1992 (in O.P.No. 8461 of 1992) cannot be used by the State Authorities for preventing the passage of the fishing vessels of the petitioners through the territorial waters for the purpose of fishing beyond the territorial waters. The above said declarations and directions shall finally issue. This judgment will cover and dispose of all the four Original Petitions in terms of the directions contained hereinabove. Issue photocopy on usual terms.