The Uttarakhand fisheries Act

--- Section 1. Section 1.Short title, extent and commencement --- (1) This Act may be called the Uttarakhand Fisheries Act, 2003. (2) It extends to the whole of Uttarakhand State. (3) It shall come into force at once. --- Section 2. Section 2.Definitions --- In this Act, unless there is anything repugnant in the subject or context --- (1) Fish includes shell fish and fin fish, turtles in all stages of its life history including aquatic plants used by fishes; (2) Fishing craft means any boat, whether manually operated or powered, used for fishing or transport of fish; (3) Fishing Gear means any net, line rod and line, fishing tackle and other appliances used for catching fish; (4) Fishing offence means an offence punishable under this Act or under any rule made there under, (5) fishery officer means any person whom the Uttarakhand Govt. or any other officer empowered by the Uttarakhand Govt. in this behalf, may from time to time, appoint by name or as holding an office, to carry out all or any of the proposes of this Act or to do anything required by this Act or any rule made there under. provided that no police officer below the rank of sub-inspector shall be so empowered( (6) Fixed engine means any net, cage, trap other contrivance for taking fish, fixed in the soil or made stationary in any other way; (7) Private water means waters which are the exclusive property of any person or in which any person has for the time being an exclusive right of fishery, whether as owner, lease 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 season with natural waters such as rivers, streams, canals and jhils; (8) State Government means the Government of Uttarakhand; (9) Fish sanctuary/protected water source means water source where due to any reason fishing is prohibited, all such water sources would be declared as prohibited areas for fishing for conservation of fish Bio Diversity after due publication in the State Gazette. --- Section 3. Section 3.Power to make rules for prohibition and licensing of fishing in selected waters --- (1) The State Government may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters, not being private waters, to which all or any of them shall apply. (2) The State Govt. 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 persons having for the time being any exclusive right of fishery therein, or if the State Govt. is satisfied that the consent is un-reasonably with held without such consent. Provided that no rules under this section shall apply to any religious waters. (3) Such rules may- (a) Prohibit or regulate all or any of the following maters:- (1) The erection and use of fixed engines, (2) The ownership of check dams constructed on rivers/tributaries would continue with the existing Deptt. but the total control over their fishery management activities and monitoring the harvesting of stocks will vest with the Deptt. of fisheries. The Department of fisheries would be authorized to allot the check dams to Self Help Groups/Fishery Co-operative Societies on lease for fishing activities and stocking. (3) The dimension and kinds of fishing gears to be used and the mode of using them; (b) Prohibit fishing except under license and regulate the granting of such licenses, the fees payable there for and the conditions to be inserted therein; (c) Prohibit the destruction or attempt to destroy fish by gun, spear, bow and arrow or like instrument or pollution of waters by trade effluents; (d) Prescribe seasons in which the killing or catching or sale of any fish of any prescribed species shall be prohibited; (e) Prescribe a minimum size or weight below which no fish or any prescribed species shall be caught, killed or sold; (f) Prohibit fishing in an specified water for specified period; (g) Regulate the export of fish outside any area or areas and price at which fish may be brought or sold in any specified markets of all or any specified species; (h) Require the owner, mortgagee with possession or lease of any tank or jhil for the stocking of such tanks or jhils with any class or classes of fish; (i) Fishing shall be prohibited during breeding seasons in Rivers/ tributaries and other breeding places; (j) Progressive fish farmers would be rewarded at the State level; (k) Encouragement and training would be provided to communities like Bengalis, Tribals, Machhua. Nishads, Kashyaps etc. who earn their livelihood from fisheries; (l) The fisheries department would provide facilities to fish farmers for their economic and social upliftment by way of making societies/ federations; (m) The department would provide facilities to progressive fish farmers under various schemes by Central/State Govt. viz. bank loans, pond constructions, fish seeds, fish feed, training etc.; (n) Regulate the marketing of fish and also purchase and use of fish for preservation or for the manufacture of any fish products; (o) Regulate the possession of fishing craft and gear within such specified limits as may appear to be necessary; and (p) Regulate the transport of all fish or of certain species or fish products within specified limits as may appear to be necessary. Such rules may, among other matters---- (a) Prescribe the routes by which fish alone or fish products may be imported into and exported from the State of Uttarakhand; (b) Prohibit the import, export or transport within specified limits of fish without a pass from a fisheries officer or a person duly authorized to issue the same or otherwise than in accordance with the conditions of each pass; (c) Prescribe the form of such passes and provide for their issue, production and return; and (d) Provide for the examination of fish in transit within specified limits. (4) In making any rule under this section the State Govt. may provide for--- (a) Seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules; (b) Forfeiture of any fish taken by means of any such apparatus; and (c) Confiscation of any consignments of fish held or transported in contravention of the rules. (5) Every rule made under this Act shall be laid, as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprise in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following. The assembly makes any modification in rule or decides that the rule should not be made. The rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be prejudice to the validity of anything previously done under that rule. --- Section 4. Section 4.Power to prohibit sale of fish --- The State Govt. may, by notification in the official, Gazette, prohibit in such area or areas as may be specified in that behalf the offering or exposing for sale or barter of any fish catched or killed in contravention of any rule made under sub-section (3) of this Act [Footnotes] Subs. by section 3 of UK Act no 06 of 2023. --- Section 5. Section 5.Penalties --- The breach of any rule made under section 3 or of any prohibition notified under section 4 shall be punishable- (1) On first conviction with fine which may extend to five hundred rupees. (2) On every subsequent conviction with fine which may extend to one thousand rupees. [Footnotes] - Subs. by section 4 of UK Act no. 06 of 2023. --- Section 6. Section 6.Punishment of destruction of fish by explosives --- If any person uses any explosive substances in any water with intent thereby to kill, catch or destroy any fish, he shall be punishable with fine which may “Rupees Two thousand minimum” and in addition to the above “ the amount of maximum fine shall be prescribed in such a manner as may be determined by the State Government from time to time.. (2) Whoever, having already been convicted of an offence under subsection (1) is again convicted thereunder, shall, on every subsequent conviction, be punishable with fine which may “Rupees Two thousand minimum” and in addition to the above “ the amount of maximum fine shall be prescribed in such a manner as may be determined by the State Government from time to time. (3) If a person is found to be in possession of a dynamite or any other explosive substance for the purpose of killing the fish near or in the vicinity or on the bank of a river, rivulet, khad, pond, lake, reservoir which are habitated by the fishes, shall unless he explains satisfactorily that his possession or control over such a dynamite or the explosive substance was for a lawful object, be punishable with fine may “ the amount of maximum fine shall be such as may be prescribed by the State Government from time to time. [Footnotes] Subs. by section 5 of UK Act no 06 of 2023. --- Section 7. Section 7.Punishment for destruction of fish by poisoning --- (1) If any person puts any poison, bleaching powder, lime or noxious material and electric current into any water with intent thereby to catch or destroy any fish, he shall be punishable with imprisonment for a term which may extend to three years or with fine of five thousand rupees or with both. *(2) If any person kills or catches fish with a net during the season, in which killing or catching of fish is prohibited under any rule framed under clause (d) of sub-section (3) of section 3, shall be punishable with fine which may “the amount of maximum fine shall be such as may be prescribed by the State Government from time to time. (3) Offences to be cognisable and non-bailable- Notwithstanding anything contained in the code of Criminal Procedure, 1973 all offences under section 6 and 7 of this Act shall be cognisable and non-bailable offences. [Footnotes] *Subs. by section 6 of UK Act no 06 of 2023. --- Section 8. Section 8.Arrest without warrant for offence under this Act --- (1) Any fisheries officer not below the rank of fisheries department officer, police officer not below the rank of the sub-inspector , or any other person specially empowered by the State Government in this behalf, may arrest without any warrant any person committing or attempting to commit, in his view a fishing offence- (a) If the name and address of the person are not known 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 it may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (3) Every fishery officer shall have the same powers of search and investigation relating to a fishing offence as a police officer of the rank of the subInspector has under the code of Criminal Procedure, 1973. --- Section 9. Section 9.Cognizance of offences --- No court shall take cognizance of any offence under this Act, except the complaint of a fishery officer or of a police officer not below the rank of the sub-inspector or any other person or class of persons authorized by the State Government in this behalf. --- Section 11. Section 11.Public servants indemnified for acts done under this Act --- All persons empowered to exercise powers and perform duties under this Act or rules made there under shall be deemed to be public servants within the meaning of section 21 of Indian Panel Code.