The united provinces fisheries act, 1948

20 THE UNITED PROVINCES FISHERIES ACT, 19481 [U. P. Act No. XLV of 1948] [Passed by the United Provinces Legislative Assembly on October 22, 1948, and by the United Provinces Legislative Council on November 8, 1948.] [Received the assent of the Governor on December 20, 1948 under section 75 of the Government of India Act, 1935, as adapted by the India (Provisional Constitution) Order, 1947, and was published in the United Provinces Gazette, dated January 1, 1949.] AN ACT Preamble -- to provide for certain matters relating to fisheries in Uttar Pradesh. WHEREAS it is expedient to provide for certain matters relating to fisheries in Uttar Pradesh. It is hereby enacted as follows : Short title, 1. (1) This Act may be called the United Provinces Fisheries Act, 1948. extent and (2) It extends to the whole of the Uttar Pradesh. commencement (3) This section shall come into force at once and the remaining sections will come into force on such date, for such period and in such areas as the State Government may, by notifications2 in the official Gazette specify in this behalf. Definitions 2. In this Act unless there in anything repugnant in the subject or context:---- (i) "fish" includes fish, turtles, dolphins, acquatic plants of fisheries, whale and fish in all stages in its life history; (ii) “fishery officer” means any person appointed by the provincial Government to carry out al or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder provided that no police officer below the rank of a sub-inspector shall be so appointed; (iii) "fishing offence" means an offence punishable under the provisions of the Act; (iv) "fixed engine" means any net, cage, fishing fence (baryri), anchored long line, trap or other contrivance for taking fish, fixed in the soil or made stationary in any other way ; --------------------------------------------------------------------------------------------- 1. For Statement of Objects and Reasons, see U. P. Gazette, dated July 7, 1948, part VII. 2. Notification no. 3920/XII-E-3-21(6)-73 (565), dated December 20,1974. 21 [The United Provinces Fisheries Act, 1948] [Section 3] (v) "private waters" means waters which are the exclusive property of any person or religious body or institution or in which any person or religious body or institution has for the time being an exclusive right of fishery, whether as owner, lessee or in any other capacity, and includes tanks, ponds, artificial lakes, etc., excavated at the expense of the owner which have no communication in the rainy seasons with natural waters, such as rivers, canals, streams and jhils. Explanation-Water shall not cease to be "private waters" within the meaning of this definition if any other person has by usage or custom a right of fishery therein; (vi) "State Government” means the Government of Uttar Pradesh; (vii) "religious institution" means a temple, a mosque or a church, any other shrine dedicated to any god or goddess, and such other institutions 'as the State Government may by notification in the Gazette declare in that behalf; (viii) "religious body" means the trustees or any other persons who are in charge of a religious institution or in whom the ownership of the religious institution vests for the time being; (ix) "religious waters" means waters belonging to a religious body or institution and which have never been fished before on account of any restrictions on religious grounds. Prohibition and 3. (1) The [State, Government]1 may make rules for the purposes mentioned licensing of hereinafter in this section and shall under such rules declare the waters to fishing in which all or any of them shall apply. selected waters by rules (2) The [State Government]1 may, by notification in the official Gazette apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all other persons having for the time being any exclusive right to fishery therein or if the [State Government]1 is satisfied that the consent is unreasonably withheld without such consent : Provided that no; rules made under this section shall apply to any religious waters. (3) Such rules may- (a) prohibit or regulate all or any of the following matters, that is to say- (i) the section and use of fixed engines ; (ii) the construction, temporary or permanent, of weirs, dams and bunds ; and (iii) the dimension and kind of nets and size of mesh or any other fish contrivance to be used and mode of using them; ---------------------------------------------------------------------------------------------- 1. Subs. by A. O. 1950 for (Provincial Government). 22 [The United Provinces Fisheries Act, 1948] [Section 4] (b) prohibit the destruction of, or attempt to destory fish by gun, spear, bow and arrow or like instrument, poisoning waters or pollution of waters by trade effluents ; (c) prohibit the capture of or attempt to capture or kill breeding fish in Roe and Milt except Hilsa; (d) prohibit fishing except under licence or regulate the granting of such licences. the charges of fees therefor and the conditions to be inserted therein ; (e) prescribe seasons in which the killing or catching or sale of any spawn, young or adult fish, of any prescribed species shall be prohibited ; (f) prescribe a minimum size or weight below which no fish of any prescribed species shall be killed or sold ; (g) prohibit fishing in any specified water for specified period ; (h) regulate the export of fish outside any area or areas and price at which fish may be brought or sold in specified markets of all or any specified species; (i) require the owner, mortgagee with possession or lessee of any tank or jhil for the stocking of such tanks or jhil with any class or classes of fish; (j) prescribe the formation of association or societies and the collection of funds for the uplift of fishermen and promotion of the fishing industry. (4) In making any rules under this section the [State Government]1 may provide for: (a) the seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules; (b) the forfeiture of any fish taken by means of any such apparatus; and (c) the confiscation of any consignment offish held or transported in contravention of the rules. (5) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication. Power to 4. The [State Government]1 may by notification in the official Gazette prohibit prohibit sale in such area or areas as may be specified in that behalf the offering or of fish exposing for sale or barter of any fish killed in contravention of any rule made under sub-section (3) of section 3. ---------------------------------------------------------------------------------------------- 1. Subs. by A. O. 1950 for (Provincial Government). 23 [The United Provinces Fisheries Act, 1948] [Section 5-7] Penalties 5. The breach of any rules made under section 3 or of any prohibition notified under section 4 shall be punished: (1) on first conviction with imprisonment of either description for a term which may extend to two months or with fine which may extend to two hundred rupees or with both; and (2) on every subsequent conviction, with imprisonment of either description for a term which may extend to twelve months or with fine which may extend to five hundred rupees or with both. Arrest without 6. (1) Any Fishery Officer, Police Officer not below the, rank of a Sub-Inspector, or warrant for any other person specially empowered by the [State Government]1 in this offences under behalf may arrest without warrant any person committing or attempting to the Act commit, in his view a fishing offence -- (a) if the name and address of the person are not known to him; and (b) it 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 Act V of 1898 necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (3) Every Fishery Officer shall have all the same powers of search and investigation relating to a fishing offence as a Police Officer of the rank of a Sub-Inspector has under the Code of Criminal Procedure, 1898. Jurisdiction 7. (1) No court inferior to that of a Magistrate of the second class shall try any inferior to that offence under this Act. of Magistrate of the second (2) No court shall take cognizance of any offence under this Act, exception the class excluded complaint of a fishery Officer or of a Police Officer not below the rank of Sub-Inspector or of any other person or class of persons authorized by the [State Government]1 in this behalf. ---------------------------------------------------------------------------------------------- 1. Subs. by A. O. 1950 for (Provincial Government). 24 [The United Provinces Fisheries Act, 1948] [Section 8- Schedule] Power to 8. (1) The [State Government]1 may, by notification in the Gazette, empower a, compound Fishery Officer by name or by virtue of office---- certain offences (a) to accept from any person concerning whom evidence exists, which if unrebutted, would prove that he has committed any fishing, offence as 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 released and no further proceedings shall be taken against him; (b) to release any property that has been seized as liable to confiscation without further payment or on payment of the value 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 accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the amount acceptable as compensation in the second column of the schedule for the particular offence described in the first column thereof. THE SCHEDULE [See section 8] Maximum amounts acceptable, as compensation for certain fishing offences under section 8 -- Description of offence Maximum amount acceptable as compensation 1 2 Rs. 1. Fishing with a net having smaller mesh Rupees one hundred, than that prescribed under the rules made, under the Act; 2. Fishing without a licence Ditto. 3. Killing or catching or selling or Rupees fifty. attempting to kill, catch or sell fish of a size or weight less than the standard prescribed under this Act. 4. Killing or catching or selling or Ditto. attempting to kill, catch or sell any fish of a prohibited species during a close season; 1- Subs. by A.O. 1950 for (provincial Government). 25 [The United Provinces Fisheries Act, 1948] [Schedule] Description of offence Maximum amount acceptable as compensation 1 2 Rs. 5. Fishing or attempting to fish, with any Ditto. gear or method other than that permitted under the rule, Rupees fifty. 6. Licence holders employing or engaging non-licensees to help them with their nets while fishing. 7. Fishing or attempting to fish in Ditto. prohibited water 8. Offering or exposing for sale or barter any fish the sale of which is prohibited in any specified area by a notification -Ditto. issued under section 4. 9. Selling or attempting to sell fish for -Ditto. price above the specified market value. 10. Exporting or attempting to export -Ditto. fish in contravention of any rule made under clause (h) of sub-section (3) of section 3. ---------------------------------------------