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INDIAN FISHERIES ACT 1897

ACT NO. 4 OF 1897 1*

[4th February, 1897.]

Title and extent.

1. Title and extent. (1) This Act may be called the Indian Fisheries Act, 1897.

(2) It extends to the whole of India except 3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States] 4***; 5***. 5* * * * *

Act to be read as supplemental to other Fisheries Laws. 2. Act to be read as supplemental to other Fisheries Laws. Subject to the provisions of sections 8 and 10 of the 6*General Clauses Act, 1887 (1 of 1887), this Act shall be read as supplemental to any other enactment 7* for the time being in force relating to fisheries in 8*[the territories to which this Act extends] 4***.

Definitions. 3. Definitions. In this Act, unless there is anything repugnant in the subject or context,--

(1) "fish" includes shell-fish; ---------------------------------------------------------------------- Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 & Sch. The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of 1963, s. 3 and Sch. Extended to Laccadive, Minicoy and Amindivi islands (w.e.f. 1-101967): vide Reg. 8 of 1965, s. 3 & Sch. Madhya Pradesh by the C.P. and Berar Fisheries Act, 1948 (C.P. and B. Act 8 of 1948). Repealed in its application to Ballery District by Mysore Act 14 of 1955. Amendmend in Andhra Pradesh by A. P. Act 5 of 1961. Repealed in Bombay area by Maharashtra Act 1 of 1961. Amendmend in Pondicherry by Pondy. Act 18 of 1965. 1. This Act has been rep. in Madhya Pradesh by the C. P. and Berar Fisheries Act, 1948 (C. P. and B. Act 8 of 1948). 2. The words "in the Provinces" omitted by the A. O. 1950. 3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States". 4. The words "except Burma" rep. by the A. O. 1937.

5. The word "and" at the end of sub-section (2), and sub-section

(3), rep. by Act 10 of 1914, s. 3 and Sch. II. 6. See now ss. 4 and 26 of the General Clauses Act, 1897 (10 of 1897). 7. For law relating to Fisheries in--

(1) Assam, see the Assam Land and Revenue Regulation, 1886 (1 of 1886), ss. 16 and 155;

(2) Bengal and Assam (Private Fisheries), see the Private Fisheries Protection Act, 1889 (Ben. 2 of 1889);

(3) Nilgiris District, as to acclimatised fish, see the Nilgiris Game and Fish Preservation Act, 1879 (Mad. 2 of 1879);

(4) Punjab, see the Punjab Fisheries Act, 1914 (Pun. 2 of 1914). 8. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "a Part A State or a Part C State". 2

(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.

Destruction of fish by explosives in inland waters and on coasts. 4. Destruction of fish by explosives in inland waters and on

coasts. (1) If any person uses any dynamite or other explosive substance in any water with intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two hundred rupees.

(2) In sub-section (1) the word "water" includes the sea within a distance of one marine league of the sea-coast; and an offence committed under that sub-section in such sea may be tried, punished and in all respects dealt with as if it had been committed on the land abutting on such coast.

Destruction of fish by poisoning of waters.

5. Destruction of fish by poisoning of waters. (1) If any person puts any poison, lime or noxious material 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 two months, or with fine which may extend to two hundred rupees.

(2) The State Government may, by notification in the Official Gazette, suspend the operation of this section in any specified area, and may in like manner modify or cancel any such notification.

Protection of fish in selected waters by rules of State Government. 6. Protection of fish in selected waters by rules of State

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

(2) The 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 matters, that is to say:- (a) the erection and use of fixed engines; ---------------------------------------------------------------------- 1. For rules under s. 6, see different local Rules and Orders. 3 (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 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.

Arrest without warrant for offences under this Act.

7. Arrest without warrant for offences under this Act. (1) Any police-officer, or other person 1*specially empowered by the 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. ---------------------------------------------------------------------- 1 For notification under this section vin Madras, see Fort St. George Gazette, 1903, Pt. I, p. 19.