INDIAN FISHERIES ACT, 1897 [REPEALED] (TAMIL NADU AMENDMENT)

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context---

(1)     "fish" includes shell-fish;

(2)     "fixed engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationary in any other way; and

(3)     "private water" means water which is the exclusive property of any person or in which any person has for the time being an exclusive right of fishery whether as owner, lessee or in any other capacity.

Explanation.-- Water shall not cease to be "private water" within the meaning of this definition by reason only that other persons may have by custom a right of fishery therein.

[STATE AMENDMENTS

[Tamil Nadu

[1] [In Section 3

Clause (1) shall be renumbered as clause (1-D) of that section and before the clause as so renumbered, the following clauses shall be inserted, namely:--

" (1-A) 'authorised officer' means any officer of the Fisheries Department of the State not below the rank of an Assistant Director of Fisheries, authorised by the State Government by notification to exercise the powers conferred on, and discharge the duties imposed upon, the authorised officer under this Act for such area as may be specified in the notification;

(1-B) 'chank' means conch or shank scientifically known as Turbinellapyrum or Turbinellarapa;

(1-C) 'chank fisheries' means that part of natural marine aquatic resources relating to chank, or shank or conch; ".]]]

Section 6 - Protection of fish in selected waters by rules of State Government

(1)     The [2] [State] Government may make rules for the purposes hereinafter in this section mentioned, and may by notification in the Official Gazette apply all or any of such rules [3]to such waters, not being private waters, as the [4] [State] Government may specify in the said notification.

(2)     The [5] [State] Government may also, by like notification, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.

(3)     Such rules may prohibit or regulate all or any of the following matter, that is to say,--

(a)      the erection and use of fixed engines;

(b)      the construction of weirs; and

(c)      the dimension and kind of the nets to be used and the modes of using them.

(4)     Such rules may also prohibit all fishing in any specified water for a period not exceeding two years.

(5)     In making any rule under this section the [6] [State] Government may,--

(a)      direct that a breach of it shall be punishable with fine which may extend to one hundred rupees, and, when the breach is a continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in; and

(b)      provide for

(i) ???the seizure, forfeiture and removal of fixed engines, erected or used or nets used, in contravention of the rule, and

(ii)?? ?the forfeiture of any fish taken by means of any such fixed engine or net.

(6)     The power to make rules under this section is subject to the condition that they shall be made after previous publication.

[STATE AMENDMENTS

[Tamil Nadu

In Section 6

In sub-section (3)--

[7] [(i) after the words " prohibit or regulate " the words " either permanently or for a time or for specified seasons only " shall be inserted,] and

[8] [(ii) for clause (c) the following clause shall be substituted, namely:--

" (c) the dimension and kind of the contrivances to be used for taking fish generally or any specified kind of fish and the modes of using such contrivances."]

[9] [In Section 6

For sub-section (4)

The following sub-section shall be substituted, namely:--

" (4) Such rules may also prohibit all fishing in any specified water except under a lease or licence granted by Government and in accordance with such conditions as may be specified in such lease or licence:

Provided that no rule shall be made under this sub-section to prohibit sea fishery other than pearl fishery or chank fishery unless, after previous publication under sub-section (6) of this section, it has been laid in draft before [10] [both the [11] (Houses) of the [12] [State] Legislature], and has been approved by a resolution [13] [of both these [14] (Houses)] either with or without modification or addition; but upon such approval being given the rule may be issued in the form in which, it has been so approved."]

[15] [After Section 6

The following sections shall be inserted, namely:--

" 6-D. Government to have the exclusive privilege over chanks and chank fisheries,--

(1)     Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to fisheries, and subject to the provisions contained in sections 6-E and 6-F, on and from such date as may be specified by the State Government by notification in this behalf, the State Government shall have the exclusive privilege of fishing, possession, sale, movement, storage or transport of chanks in this State, or the carrying on of any business, industry or any other activity in respect of chanks and chank fisheries in this State.

(2)     On and from the date specified under sub-section (1), no person shall carry on any business, industry or other activity in respect of chanks and chank fisheries except as otherwise expressly provided under this Act and the rules made thereunder.

6-E. Possession, etc., of chanks to be under permit.--

(1)     No person shall possess, sell, move, store or transport any quantity of chanks unless under a permit granted by an authorised officer in such manner and for such period as may be prescribed :

Provided that the authorised officer may, by order, refuse to grant or renew a permit to any applicant in respect of whom he is satisfied that by reason of his conviction of an offence under this Act or the rules made thereunder, or the previous cancellation or suspension of any permit granted thereunder or the contravention of any of the requirements as to the possession of chanks or for any other reasons which may be prescribed, he is not a fit person to whom a permit should be granted or renewed under this section Every such order shall be communicated to the applicant, as soon as possible.

(2)     Nothing contained in this Act shall apply to the possession of chanks--

(a)      by any individual or family up to ten pieces for bona fide religious purposes or for the collection of such chanks as curious articles; or

(b)      by any religious institution or other institutions of public worship up to one thousand and live hundred pieces for bona fide religious or public purposes; or

(c)      by any educational or research institution up to five hundred pieces for bona fide educational or research purposes.

Explanation.--For the purposes of this sub-section, the expression 'family' in relation to a person, means the person, the wife or husband, as the case may be, and his or her minor sons and unmarried daughters.

6-F.Any operation relating to chank fisheries to be under licence.--

On and from the date specified under sub-section (1) of section 6-D, no person shall fish or dive for chank or collect chanks from any chank beds, or use any vessel for such purpose or carry on any business, industry or other activity in respect of chanks except under a licence granted by the authorised officer in such manner as may be prescribed :

Provided that nothing contained in this section shall be deemed to require the obtaining of any licence in respect of such chanksas are alleged to have been inadvertently caught along with other species of fish as incidental to fishing in the course of any fishing operation made by any person; and such chanks so caught inadvertently shall be surrendered immediately to such authority within such time in consideration of payment of such rates, as may be prescribed.

6-G. Powers of the State Government to provide for carrying on any business or activity in respect of chanks.--

The State Government may, by rules, provide for the following matters, namely:--

(i)       the possession; sale, movement, storing or transport of chanks;

(ii)      the fishing or diving for chanks;

(iii)     the collection of any chanks from any chank beds;

(iv)    the use of any vessel or vehicle for the purposes mentioned in clauses (i) to (iii);

(v)      the carrying of any business, industry or other activity by any person in respect of chanks and chank fisheries;

(vi)    the form and the manner in which applications for permits and licences under sections 6-E and 6-F may be made;

(vii)   the terms and conditions which may be included in any permit or licence under section 6-E or 6-F, as the case may be, and the fees for the grant of any such permit or licence;

(viii)  the grant of duplicate permits and licences and the renewal of permits and licences under sections 6-E and 6-F and fees for the same;

(ix)    the time within which appeals under section 6-I may be made;

(x)      such other incidental matters connected with chanks and chank fisheries.

6-H. Power to cancel or suspend permit or licence.--

The authorised officer may cancel or suspend any permit or licence granted under section 6-E or section 6-F if it appears to him, after giving the holder thereof an opportunity of being heard, that the permit holder or licensee has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the permit or licence.

6-I. Appeal.--

Any person aggrieved by the decision of the authorised officer refusing to grant or renew or cancelling or suspending, a permit or licence under section 6-E, 6-F or 6-H may, within such time as may be prescribed, appeal to the State Government and the State Government may make such order in the case as they may think fit.

6-J. Penalties.--

Whoever contravenes the provisions of sections 6-D, 6-E and 6-F or any of the terms or conditions of the permit of licence granted under section 6-E or section 6-F or any rule made under this Act, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.".]

In Section 6

In sub-section (3)--

[16] [(i) after the words "prohibit or regulate" the words " either permanently or for a time or for specified seasons only "shall be inserted,] and

[17] [(ii) for clause (c) the following clause shall be substituted, namely:--

"(c) the dimension and kind of the contrivances to be used for taking fish generally or any specified kind of fish and the modes of using such contrivances.".]

[18] [In Section 6

For sub-section (4) of section 6 of the said Act, the following sub-section shall be substituted, namely:--

" (4) Such rules may also prohibit all fishing in any specified water except under a lease or licence granted by Government and in accordance with such conditions as may be specified in such lease or licence:

Provided that no rule shall be made under this sub-section to prohibit sea fishery other than pearl fishery or chank fishery unless, after previous publication under sub-section (6) of this section, it has been laid in draft before [19] [both the [20] (Houses) of the [21] [State] Legislature], and has been approved by a resolution [22] [of both these [23] (Houses)] either with or without modification or addition; but upon such approval being given the rule may be issued in the form in which, it has been so approved.".]]]

 

Section 7 - Arrest without warrant for offences under this Act

(1)     Any police officer or other person specially empowered by the[24] [State] Government in this behalf, either by name or as holding any office for the time being, may, without an order from a Magistrate and without warrant, arrest any person committing in his view any offence punishable under section 4 or 5 or under any rule under section 6--

(a)      if the name and address of the person are unknown to him, and

(b)      if the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.

(2)     A person arrested under this section may be detained until his name and address have been correctly ascertained:

Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention.

[STATE AMENDMENTS

[Tamil Nadu

[25] [After Section 7

The following section shall be added, namely:--

"8. Recovery of rents, fees and other moneys payable to Government.--

All rents, fees and other moneys payable to Government on account of fishery leases and licences granted by them may be recovered in like manner as if they were arrears of land revenue."]

-->

INDIAN FISHERIES ACT, 1897 [REPEALED] (TAMIL NADU AMENDMENT)

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context---

(1)     "fish" includes shell-fish;

(2)     "fixed engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationary in any other way; and

(3)     "private water" means water which is the exclusive property of any person or in which any person has for the time being an exclusive right of fishery whether as owner, lessee or in any other capacity.

Explanation.-- Water shall not cease to be "private water" within the meaning of this definition by reason only that other persons may have by custom a right of fishery therein.

[STATE AMENDMENTS

[Tamil Nadu

[1] [In Section 3

Clause (1) shall be renumbered as clause (1-D) of that section and before the clause as so renumbered, the following clauses shall be inserted, namely:--

" (1-A) 'authorised officer' means any officer of the Fisheries Department of the State not below the rank of an Assistant Director of Fisheries, authorised by the State Government by notification to exercise the powers conferred on, and discharge the duties imposed upon, the authorised officer under this Act for such area as may be specified in the notification;

(1-B) 'chank' means conch or shank scientifically known as Turbinellapyrum or Turbinellarapa;

(1-C) 'chank fisheries' means that part of natural marine aquatic resources relating to chank, or shank or conch; ".]]]

Section 6 - Protection of fish in selected waters by rules of State Government

(1)     The [2] [State] Government may make rules for the purposes hereinafter in this section mentioned, and may by notification in the Official Gazette apply all or any of such rules [3]to such waters, not being private waters, as the [4] [State] Government may specify in the said notification.

(2)     The [5] [State] Government may also, by like notification, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.

(3)     Such rules may prohibit or regulate all or any of the following matter, that is to say,--

(a)      the erection and use of fixed engines;

(b)      the construction of weirs; and

(c)      the dimension and kind of the nets to be used and the modes of using them.

(4)     Such rules may also prohibit all fishing in any specified water for a period not exceeding two years.

(5)     In making any rule under this section the [6] [State] Government may,--

(a)      direct that a breach of it shall be punishable with fine which may extend to one hundred rupees, and, when the breach is a continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in; and

(b)      provide for

(i) ???the seizure, forfeiture and removal of fixed engines, erected or used or nets used, in contravention of the rule, and

(ii)?? ?the forfeiture of any fish taken by means of any such fixed engine or net.

(6)     The power to make rules under this section is subject to the condition that they shall be made after previous publication.

[STATE AMENDMENTS

[Tamil Nadu

In Section 6

In sub-section (3)--

[7] [(i) after the words " prohibit or regulate " the words " either permanently or for a time or for specified seasons only " shall be inserted,] and

[8] [(ii) for clause (c) the following clause shall be substituted, namely:--

" (c) the dimension and kind of the contrivances to be used for taking fish generally or any specified kind of fish and the modes of using such contrivances."]

[9] [In Section 6

For sub-section (4)

The following sub-section shall be substituted, namely:--

" (4) Such rules may also prohibit all fishing in any specified water except under a lease or licence granted by Government and in accordance with such conditions as may be specified in such lease or licence:

Provided that no rule shall be made under this sub-section to prohibit sea fishery other than pearl fishery or chank fishery unless, after previous publication under sub-section (6) of this section, it has been laid in draft before [10] [both the [11] (Houses) of the [12] [State] Legislature], and has been approved by a resolution [13] [of both these [14] (Houses)] either with or without modification or addition; but upon such approval being given the rule may be issued in the form in which, it has been so approved."]

[15] [After Section 6

The following sections shall be inserted, namely:--

" 6-D. Government to have the exclusive privilege over chanks and chank fisheries,--

(1)     Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to fisheries, and subject to the provisions contained in sections 6-E and 6-F, on and from such date as may be specified by the State Government by notification in this behalf, the State Government shall have the exclusive privilege of fishing, possession, sale, movement, storage or transport of chanks in this State, or the carrying on of any business, industry or any other activity in respect of chanks and chank fisheries in this State.

(2)     On and from the date specified under sub-section (1), no person shall carry on any business, industry or other activity in respect of chanks and chank fisheries except as otherwise expressly provided under this Act and the rules made thereunder.

6-E. Possession, etc., of chanks to be under permit.--

(1)     No person shall possess, sell, move, store or transport any quantity of chanks unless under a permit granted by an authorised officer in such manner and for such period as may be prescribed :

Provided that the authorised officer may, by order, refuse to grant or renew a permit to any applicant in respect of whom he is satisfied that by reason of his conviction of an offence under this Act or the rules made thereunder, or the previous cancellation or suspension of any permit granted thereunder or the contravention of any of the requirements as to the possession of chanks or for any other reasons which may be prescribed, he is not a fit person to whom a permit should be granted or renewed under this section Every such order shall be communicated to the applicant, as soon as possible.

(2)     Nothing contained in this Act shall apply to the possession of chanks--

(a)      by any individual or family up to ten pieces for bona fide religious purposes or for the collection of such chanks as curious articles; or

(b)      by any religious institution or other institutions of public worship up to one thousand and live hundred pieces for bona fide religious or public purposes; or

(c)      by any educational or research institution up to five hundred pieces for bona fide educational or research purposes.

Explanation.--For the purposes of this sub-section, the expression 'family' in relation to a person, means the person, the wife or husband, as the case may be, and his or her minor sons and unmarried daughters.

6-F.Any operation relating to chank fisheries to be under licence.--

On and from the date specified under sub-section (1) of section 6-D, no person shall fish or dive for chank or collect chanks from any chank beds, or use any vessel for such purpose or carry on any business, industry or other activity in respect of chanks except under a licence granted by the authorised officer in such manner as may be prescribed :

Provided that nothing contained in this section shall be deemed to require the obtaining of any licence in respect of such chanksas are alleged to have been inadvertently caught along with other species of fish as incidental to fishing in the course of any fishing operation made by any person; and such chanks so caught inadvertently shall be surrendered immediately to such authority within such time in consideration of payment of such rates, as may be prescribed.

6-G. Powers of the State Government to provide for carrying on any business or activity in respect of chanks.--

The State Government may, by rules, provide for the following matters, namely:--

(i)       the possession; sale, movement, storing or transport of chanks;

(ii)      the fishing or diving for chanks;

(iii)     the collection of any chanks from any chank beds;

(iv)    the use of any vessel or vehicle for the purposes mentioned in clauses (i) to (iii);

(v)      the carrying of any business, industry or other activity by any person in respect of chanks and chank fisheries;

(vi)    the form and the manner in which applications for permits and licences under sections 6-E and 6-F may be made;

(vii)   the terms and conditions which may be included in any permit or licence under section 6-E or 6-F, as the case may be, and the fees for the grant of any such permit or licence;

(viii)  the grant of duplicate permits and licences and the renewal of permits and licences under sections 6-E and 6-F and fees for the same;

(ix)    the time within which appeals under section 6-I may be made;

(x)      such other incidental matters connected with chanks and chank fisheries.

6-H. Power to cancel or suspend permit or licence.--

The authorised officer may cancel or suspend any permit or licence granted under section 6-E or section 6-F if it appears to him, after giving the holder thereof an opportunity of being heard, that the permit holder or licensee has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the permit or licence.

6-I. Appeal.--

Any person aggrieved by the decision of the authorised officer refusing to grant or renew or cancelling or suspending, a permit or licence under section 6-E, 6-F or 6-H may, within such time as may be prescribed, appeal to the State Government and the State Government may make such order in the case as they may think fit.

6-J. Penalties.--

Whoever contravenes the provisions of sections 6-D, 6-E and 6-F or any of the terms or conditions of the permit of licence granted under section 6-E or section 6-F or any rule made under this Act, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.".]

In Section 6

In sub-section (3)--

[16] [(i) after the words "prohibit or regulate" the words " either permanently or for a time or for specified seasons only "shall be inserted,] and

[17] [(ii) for clause (c) the following clause shall be substituted, namely:--

"(c) the dimension and kind of the contrivances to be used for taking fish generally or any specified kind of fish and the modes of using such contrivances.".]

[18] [In Section 6

For sub-section (4) of section 6 of the said Act, the following sub-section shall be substituted, namely:--

" (4) Such rules may also prohibit all fishing in any specified water except under a lease or licence granted by Government and in accordance with such conditions as may be specified in such lease or licence:

Provided that no rule shall be made under this sub-section to prohibit sea fishery other than pearl fishery or chank fishery unless, after previous publication under sub-section (6) of this section, it has been laid in draft before [19] [both the [20] (Houses) of the [21] [State] Legislature], and has been approved by a resolution [22] [of both these [23] (Houses)] either with or without modification or addition; but upon such approval being given the rule may be issued in the form in which, it has been so approved.".]]]

 

Section 7 - Arrest without warrant for offences under this Act

(1)     Any police officer or other person specially empowered by the[24] [State] Government in this behalf, either by name or as holding any office for the time being, may, without an order from a Magistrate and without warrant, arrest any person committing in his view any offence punishable under section 4 or 5 or under any rule under section 6--

(a)      if the name and address of the person are unknown to him, and

(b)      if the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.

(2)     A person arrested under this section may be detained until his name and address have been correctly ascertained:

Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention.

[STATE AMENDMENTS

[Tamil Nadu

[25] [After Section 7

The following section shall be added, namely:--

"8. Recovery of rents, fees and other moneys payable to Government.--

All rents, fees and other moneys payable to Government on account of fishery leases and licences granted by them may be recovered in like manner as if they were arrears of land revenue."]