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FISHERIES ACT, 1897
4 of 1897
4th February 1897
STATEMENT OF OBJECTS AND REASONS 'The subject of legislating for the protection of freshwater fishes was opened with an inquiry made so long ago as 1869 by Dr. F. Day, of the Madras Medical Service, who had been placed on special duty for that purpose. This was followed by a resolution issued in October, 1871 on Dr. Day's report for the North-Western Provinces, in which he recommended a Fisheries Act. Dr. Day's recommendations as well as the action taken or proposals made up to 1888 by the various Local Governments, were summarised in a note prepared for the Agricultural Conference held at Delhi in that year. Briefly, the action taken by the several provinces was as follows: In 1875 a Fisheries Act was passed for British (now lower) Burma. In 1880 the Punjab Government submitted a draft Act and Rules. In 1881 the Bombay Government submitted a Bill for the preservation of game and fish. In 1883, the Government of Madras submitted a draft Fishery Bill. In 1889 the North-Western Provinces Government submitted recommendations made hy the Commissioner of Kumaon for preserving fish in the hills. The conference at Delhi was unanimous in making the following five recommendations: (1) The prevention of dynamite and other explosives being used for the destruction of fish: (2) The prevention of poisoning waters: (3) The enforcement of fish ladders on weirs and other works in rivers of any size. ten vards width being suggested as a minimum; (4) The regulation of fixed obstructions and engines in such rivers; (5) The protection of stock-pools. The members of the Conference differed as to the expediency of (a) regulating the size of the mesh of nets; (h) prohibiting or regulating the haling out rivers and streams for the purpose of catching fish; and (c) conferring on the Government power to assume control of the right to fish in the waters or rivers of a province. The proceedings of the Conference were circulated and the opinions of Local Governments obtained. The disposal of the case was still, however, deferred pending a reply from Madras. In the meantime the Bengal Government had passed an Act, 2 of 1889, for the prevention of poaching in private waters. In the opinion of the Government of India the importance of maintaining to the fullest extent compatible with private interests one of the most considerable food-supplies of the country is so great as to justify legislation. Although this has been long recognised, and although the question has now been under consideration for upwards of twenty years, little advance has yet been made owing to the natural and proper hesitation of Local Governments to take any measures which are at all likely to interfere with private rights. It may he that this reluctance to take positive action for the protection of fish in waters in which private interests are concerned is due not so much to an assurance that legislative restriction will entail injurious consequences to individuals as to doubts regarding the character of the consequences; hut it is not now proposed to interfere in any way with private rights. What is proposed in the way of immediate action is to forbid certain practices which are undoubtedly injurious, and to empower Local Governments to take under management some selected streams or head-waters belonging to the State and other selected streams and waters with the consent of the owners thereof or persons interested therein. It is thought that this will afford practical experience as to the measures most essential to insure the desired results. At present it is not proposed to do more in regard to private waters than to extend
SECTION 01: TITLE AND EXTENT
(1) This Act may be called The India Fisheries Act, 1897.
(2) It extends to the whole of Indian except3[the territories which immediately before the 1st November, 1956, were comprised within Part B States]4[* * *],5[*],5[* * * *]
SECTION 02: ACT TO BE READ AS SUPPLEMENTAL TO OTHER FISHERIES LAWS
Subject to the provisions of sections 8-and10-ofthe [General Clauses Act, 1887]-, this Act shall be read as supplemental to any other enactment6for the time being in force relating to fisheries7[in]8[the territories to -which this Act extends]9[* * * ].
SECTION 03: 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.
SECTION 04: 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..
SECTION 05: DESTRUCTION OF FISH BY POISONING 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 10[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.
SECTION 06: PROTECTION OFFISH IN SELECTED WATERS BY RULES OF STATE GOVERNMENT
(1) The 11[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 rules12to such waters, not being private waters, as the 11[State] Government may specify in the said notification. (2) The 11[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 the11[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.
SECTION 07: ARREST WITHOUT WARRANT FOR OFFENCES UNDER THIS ACT
(1) Any police officer or other person13specially empowered by the14[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-or5-or under any rule undersection 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
Footnotes:
3. Substituted for "Part B States", by 2 A.L.O., 1956.
4. Words "except Burma" were omitted by A.O., 1937.
5. Words "and" at the end of sub-section (2), and sub-section (3) were omitted by the Repealing and amending Act, 1914 (10 of 1914), S. 3 and Sch. II.
6. For law relating to Fisheries in --- (1) Andaman and Nicobar Islands, see Andaman and Nicobar Islands Fisheries Regulation, 1938 (Regn. I of 1938); (2) Assam, see the Assam-Land and Revenue Regulation, 1886 (I of 1886), sections 16 and 155; (3) Bengal and Assam (Private Fisheries), see the Private Fisheries Protection Act, 1889 (2 of 1889); (4) Jammu and Kashmir, see Jammu and Kashmir State Fisheries Act (Smvt. 1960); (5) Kerala- See Travancore- Cochin Fisheries Act, 1950 (T.-C. Act 34 of 1950.); (6) Madhya Pradesh see M.P. Fishereis Act, 1948 (C. P. and B. Act 3 of 1948); (7) Maharashtra- See Maharashtra Fisheries Act, 1961 (Maha. Act I of 1961); (8) Nilgiris District, as to acclamatised fish, see the Nilgiris Game and fish Preservation Act, 1879 (T. N. Act 2 of 1879); (9) Punjab- See Punjab Fisheries Act, 1914 (Punj. Act 2 of 1914); (10)Rajasthan- See Rajasthan Fisheries Act, 1953 (Raj. Act 16 of 1953); (11)Uttar Pradesh - See U.P. Fisheries Act, 1948 (U.P. Act 45 of 1948); (12) West Bengal "- See West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act, 1958 (W.B. Act 13 of 1958).
7. Substituted for "in any part of the Provinces" by A.L.O., 1950
8. Substituted for "a Part A State or a Part B State", by 2 A.L.O., 1956.
9. Words "except Burma" sere omitted by A.O., 1937.
10. Substituted for the word 'Provincial" by A.L.O., 1950.
11. Substituted for -Provincial" by A.L.O., 1950.
12. Some of the rules are: (1) Fishing in Waters of Tungabhadra Reservoir Rules-See Mysore Gazette, 11-1-1962. Pt. IV. See. 2-C (i) p. 10. (2) Mysore Fisheries (Prohibition of Fishing) Rules, 1963- See Mysore Gazette, 1-S-196.1, Pt. [V, Sec.2-C (ii). p. 2008. (3) Goa, Daman and Diu Aid to Fisheries Rules, 1963- See Goa Gazette. 5-9-1963, Sr. 1. p 304. (4) Prohibition of Fishing in Conserved Waters, 1963 (T.N.) - See Fort. St. Geo. Gaz., 14-12- 1966, Pt. V, p 1192. (5) Punjab Fisheries Rules, 1966-See Punjab Gaz., 5-8-1966, Pt. Ill, L.S., P. 639. (6) Pondicherry Fisheries Rules, 1966- See Pondi. Oaz., 20-9-1966, p. 90 (7) Tripura Fisheries Rules, 1978-See Tripura Gaz., 9-9-1978, Pt. I, p. 333. (8) T. N. Inland Fisheries. Lease and License Rules, 1972- T.N. Gaz., 19-7-72, Pt. V. Suppl. No. 28A.
13. For notification under this section in Tamil Nadu, see Fort St. George Gazette, 1903, Pt. I, page.19.
14. Substituted for "Provincial" by A.L.O., 1950.
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