The PUNJAB FISHERIES ACT, 1914

1914 : Pb. Act 1| FISHERIES 527 THE PUNJAB FISHERIES ACT, 1914. Punagas Acr II or 1914. CONTENTS, SECTIONS. 1. Title and Extent. 2. Meaning of terms. 2-A. Definitions. 3. Prohibition and licensing of fishing in selected watera by rules of Central Government. G Power to prohibit sale of fish. Penalty. N Arrest without warrant for offeIICes under the Act. Saving of powers under Indian Fisheries Act. Power to compound certain offences. P The Schedule. 1914 : Pb. Act IL.] FISHERIES 529 'THE PUNJAB FISHERIES ACT, 1014. Pungas Acr 11 or 1914. i [Received the assent of the Lieutenant-Governor of the Punjab on the 15th January, 1914, and that of the Governor-General on the 29th January ,1914, and was first published in the Punjabe Gazette’ of the 13th February, 1914.] 1 2 3 4 Where the repealed or otherwiss Year No. Short title affec:ed by legislation - Amended by Punjab Act, IV 1914 . hig The Punjab Fisheries of 1923* Act, 1914 Amended, byGovernment of India (Adaptation of Indian Laws) Order, 1937 Amended by Punjab Act II of 19414 Amended by the India Inde- pendence Adapia:jon (f Bengal and Punjab Atcs) Order of ;948 (G.G. O. 40) Amended by the Adap'ation of Laws Order, 1950 Amended by the Acantation of }.9&5“['5 (Third Amendment) Order, Extended to the tatritories which immediate]y before the 11t Nove- mber. 1956. were comprised in the State of Patialaand East Pynjab States Union by Punjab Act 5 of 1959° Amended by the Reorganisation (Chandigarh) (Adaptation) of Laws on State and Concurient Subjects Order, 1968) ‘For Statement of Objects end Ressons, see Punjab Gazette, 1013, Part V, page 265, for Report of the Select Committee, see Punjab Gazette, 1913, Part V, page 265, and for Proceedings in Council, see Punjab Gazette, 1913, Part V, pzges 298 end 381. *See Punjab Gazette, 1914, Part V, page 43. For Statement of Objects and Reasons, see Punjab Gazette, 1923, Part V, pages 45—47, for Report of the Select Committee, see bid, 1923, Part V, pages 119—22 and for Proceedings in Council, see Punjab Legls- lative Council Debates, Volume IV, pages 906—10, This Act came into force on 1st January 1924,—vide Punjab Gazette, 1923, Part I, pege 991, ‘For Statement of Objects and Reasons, see Punjab Gazette, Extra- ordinary, 1940, page 243 ; end for Proceedings in Assembly, see Punjzb Legislative Assembly Debates, Vol. XV, pp 85 and 86. SFor Statement of Objects and Reasons, see Punjab Government Gazette, (Extraordinary), 1958, page 1487, 530 FISHERIES [1914 ; py,, Act p, | An Act to extend-the Law:relating-to Fisherles i“"P“njab WHEREAS it is expedient to extend the 1 3 s aw relatj Fisheries in 'Punjab ; ng to It is hereby enacted as follows :— s . Act, 1. 1 014, ( 1) This Act may be called the Punjab Fish, Sheries Extent. (2) It extends to the whole of *[Union territory of Chandigarh]. Meaning of 2. In this Act and the Rules thereunder unless there terms. is something repugnant in the subject or context, the ex. pression “fish” and “private water” shall have the meanings assigned to them in section 3 of the ®Indian o Fisheries Act, 1897. ? Definitions. ‘[2-A. In this Act, unless there is anything repug- nant in the subject or context— (1) “Fishery Officer” means any person whom the *[Central Government] or any officer em- powered by the *[Central Government] in this behalf may from time to time appoint by name, or as holding an office, to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made there- under to be done by a Fishery Officer : Provided that no police officer below the rank of Sub- Inspector shall be so empowered. *Substituted for the words “East Punjab” (which had been iflS!}"‘ ed for the words “the Punjab” by the Indian Independence (Adaptation of Beng'l and Punjab Acts) Orvder, 1948), by the Adaptation ot Laws (Third Amendment) Order, 1951. - *Substituted for the word “Punjab” by the Punjab Reorgani;afion (Chandigavh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. *Unrepealed Centrel Acts, Volume IIT. ‘Added by Punjeb Act, IV of 1923, by section 8. *Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Concur rent Subjects) Order, 1968. 1914 : Pb. Act IL.] FISHERIEE 531 (2). “Fishing of L f ence” means an offe u u n n d d e e r r ] . this Act of ung er any y ru ! l n e e e ma L de is t h h a e a b r a ! n e l - e s w h a a t l e l r s, i i n t s o uc w h h ic ru h l es a ll de o c r la a r n e y t o h f e the w m at er s s ha , l l no a t p pl b y e ing pri ’ vate": |} g «nrs In by sel r e u c l t e e s d of Central Gov- p f a t i e p h s r p e h s l e o y r c n ( y o s 2 n ) s s u t e c h h h n e T a t r h v e e i r i n u n i l g n . e * s [ w C f r e o i o n r r t t i r n a t a g h l n e y t o G o f i f o m v e t e h t r h e b e n m e m i e o n t n w g o n t e ] a r a n n y y m a p t y e r h x i e c v r b l a e y t u o e s f i v K n w e a o a n t d t i e r f r i i o g c f h a t w t i i a t o l o h n l f ernment, (3) Such rules may— (a) prohibit fishing except under license and regu- late the granting of such licenses, the fees pay- able therefor, and the conditions to be inserted therein ; (b). prescribe seasons in which the killing of any fish of any prescribed species shall be prohibit- ed ; and . (c) prescribe - a minimum- size or’ weight below which no fish of any prescribed species shall be killed. (4) In making any rule under this section the ![Central Government] may provide for— (@) the seizure, -forfeiture and removal of - any- ap- paratus-erected or used for fishing in contraven- tion of the rules, and (b) the forfeiture of any fish taken by means of any such apparatus. (5) The power to make rules under this section is subject to the condition that they shall be made after pre- vious publication. 'Substituted for the words “State Government” 4 by the Punjab h Reorg:nissation (Chandigarh) (Adaptation of Laws on State and Con current Subjects) Order, 1968, —y 532 FISHERIES (1914 : Py, Act it power to pro- 4. The ‘[Centra] Government] may by noti ibit sale of fish. prohibit in any specified areas the offering or expo;?;i;fifoh sale or barter of any fish killed in contravention of any ru?r made under section 3 (3) (b) and (c) of this Act. N Penalty. 5. The breach of any rule made under section 3 o of any prohibition notified under section 4 shall be punishi able with fine which may extend to one hundred TUpeeg and when the breach is a continuing breach, with a furthey fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is provéd to have been persisted in. Arrest withof}[n 6. (1) Any police officer or other person specially :;ggn;ngg theempowered by the ![Central Government] in this behalf, Act. may without a warrant arrest any person committing in hig view a breach of any rule made under section 3 or of any prohibition notified under section 4— (a) if the name and address of the person are un- known to him, and (b) if the person declines to give his name and address, or if there is reason to doubt the accu- racy of the name and address, if given. (2) A person arrested under this section may be de- tained 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. Saving of po- 7. Nothing in this Act shallbe deemed to limit the wers under powers of the [Central Government] to make rules under !V of Indian Fisheries . 2 . . 1897. Act, section 6 of the *Indian Fisheries Act, 1897. Power to com- *[8. (1) The '[Central Government] may by notifica- 5;3,."33, certain tion empower a fishery officer by name or as holding an . office— (a) to accept from any person concerning whom evi- dence exists which if unrebutted would prove that he has committed any fishing offence as Substituted for the words “State Government” by the P"“‘j'_b Reorganjsation (Chandigarh) Adaptation of Laws on State and Con current Subjects) Order, 1968, 2Unrepealed Central Acts, Vol, III, 3Added by Punjab Act, IV of 1923, section 4. 71914 : Ph. Act IL] FISHERIES 533 described in the first column of the Schedule a sum of money by way of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer such person if in custody shall be dis- charged and no further proceedings shall be taken against him ; » () when any property has been seized as liable to confiscation. to release the same without further _payment, or on payment of the wvalue thereof as estimated by such officer, and on the payment of such value such property shall be released and no further proceedings shall be taken in respect thereof. (2) The sum of money acceptable as compensation under clause (a) of sub-section (1) shall in no case exceed the amount mentioned in the second column of the Schedule as the amount acceptable as compensation for the parti- cular offence described in the first column of the Schedule.] 'THE SCHEDULE. (See section 8.) Maximum amounts acceptable as compensation for certain fishing offences under section 8. 2[5 eewo2 A ® Nv© Maximum amount Description of offence acceptable as compensation Fishing with a net havinga smaller mesh than that Rupees ten prescribed under the rules made under the Act Fishing without a license . Rupees ten Killing fish of a size or weight less than then the Rupees ten standard presecribed under this Act Killing any fish of prohibited species during a close Rupees ten season Fishing with any gear or method other than that Rupees ten permitted, under the ru'es Using at any one time more than two of either or Rupees ten any of gears permitted under the rules Licence-holders employing or engaging non-licensees Rupees ten to help them with their nets while fishing Fishing in prohibited waters .. Rupees ten Offering or exposing for sale or barter any fish, the Rupees ten sale of which is prohibited in any specified arca by a notification issued under sec:ion 4 of the Act 1Added by Punjab Act, VIV of 1923, section 4 ( 2). “Iteme 5, 6, 7, 8 and 9 added by Punjab Act, II of 1941, section 2,