The ARUNACHAL PRADESH FISHERIES ACT, 2006

Short title, ex-
tent and com-
mencement.
Detinitions
162
THE ARUNACHAL PRADESH
FISHERIES ACT, 2006
(ACT NO. 5 OF 2006)
(Received the assent ol the Governor on
12-04-20061
AN
ACT
to provide for proper management, conservation and
development of natural lisheries resources in the State
of Arunachal Pradesh.
BE it enacted by the Legislative Assembly ol
Arunachal Pradesh in the Fifty-seventh Year of the
Republic of lndia as Iollows :-
1. (1) This Act may be called the Arunachal
Pradesh Fisheries Act, 2006.
(2) lt extends to the whole of Arunachal Pradesh
except the Reserved Forests; Wildlile Sanctuaries,
National Parks and Protected Forests as notified by the
Government ol Arunachal Pradesh from time to time.
(3) lt shall come inlo lorce on such date as the
Slale Government may by noti{ication in the Official
Gazette, appoint.
2. ln this Act, unless the context otherwise
requires,
(1) 'The Government" means the Government of
Arunachal Pradesh ;
(2) "Deputy Commissioner" means Deputy
Commissioner of a District which includes
Additional Deputy Commissioner;
(3) "Fishery Office/' means any Otficer appointed
by the Government as Oistrict Fisheries
Development Otficer or, Fishery Officer for
the purpose of this Act to exercise the powers
and perform the duties as District Fisheries
Development Ofricer and Fishery Otficer
respectively;
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8, Every rule made under this Act shall be laid, as
soon as may be after it is made, before the House oI
Stales Legislature, while it is in session and il the House
agrees in making any modification in the rule or the
House agrees that the rule should not be made, the rule
shall therealter have etfect only in such modified lorm or
be of no effect, as the case may be ; so, however, that
any such modi{ication or annulment shall be without
preludice to the validityol anything previously done under
that rule.
9. No suit, prosecution or other legal proceedings
shall lie against the State Governmen't or any otficer ol
the State Government for anything which is in good faith
done or intended to be done under this Act or the rules
made thereunder.
Rules to be
iaid before
Legislature.
Protection ol
action taken
in good taith.
Provided that no order shall be made under this
section after the expiry of two years {rom the
commencemenl of this Act.
Note : Published in the Arunachal Pradesh Gazette
Extraordinary No. 26 Vol. XIV dated 30th March,
2006.
10. The provisions of this Act shall be in addition Application of
to, and not in derogation of the provisions of any other other laws not
law Ior the time being in force. barred.
11 . (1 ) lf any difficulty arises in giving effect to the Power to
provisions o{ this Act, the State Government may, by remove
order published in the Off icial Gazette, make such difficulties.
provisions nol inconsistent with the provisions of this
Act as may appear to be necessary lor removing the
difficulty:
(2) Every order made under this section shall
be laid, as soon as may be after it is made, before
the House of the State Legislalure.
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(4) "Fish" includes Iin fish, shell fish, tortoise and
any other aquatic animals of economic
importance;
(5) "Fishery'means the water bodies declared to
be a fishery by proclamation issued under
section 3 of this Act and will not include any
such water bodies on which indigenous
communities have acquired customary rights
of lishing;
(6) "Prescribed" means prescribed in the rules
f ramed under the Act;
(7) "Private Wate/' means water bodies which are
the exclusive property ol any person or in which
any person has, Ior the time being, exclusive
right Ior Fishelies enhancements whether as
owner, lessee or in any other capacity ; and
(8) "Fixed Engine" means any net, cage, trap or
other contrivance for taking fish, fixed in the soil
or, made stationary in any other way.
3. Right to fisheries shall be determined as follows:
(1) The Fishery Department shall manage all the
natural water logged and swampy areas, lakes, beels,
Fish Mahals, Rivers and Streams.
(2) The revenue earned lrom the natural resources
developed and where pisciculture practices have been
taken up bythe Department ol Fisherieswall be deposited
in the Departmental Head olAccount.
(3) The revenue earned from other natural lishing
areas where no pisciculture practices are involved, the
revenue would be shared as under:
(i) 50 per cent ot the revenue would be
deposited in the public exchequer.
(ii) 50 per cent of the revenue would be shared
by the bodies (e.9. Gram Panchayat,
Anchal Samity, Zilla Parishad as the case
may be) or, in such proportions as may be
prescribed in the rules.
Right to
Fisheries
Destruction of
fish by explo-
s ives or by
bimilar/allied
substances.
Destruction of
fish by poison-
ing waters.
Power to make
rules.
164
(4) The Deputy Commissioner with the permission/
sanction ol the Government and in consultation with
lhe concerned District Fisheries Development Olficer
may, by notif ication in the prescribed manner, declare
any group of water bodies, running or stagnant, except
privale waters to be a fishery and shall be declared/
deemed to be acquired by the public or any persons (if
interested lor the Fisheries development), immediately
alter the enactment of this Bill and the rules made
thereunder.
I
4. ll any person uses dynamite or any olher
explosive substances like crackers, hand grenade or
similar explosives in any water intentionally, thereby to
catch or destroy fishes therein, he/she shall be
punishable with imprisonment, for a term which may
exlend to lwo months, or with fine which may extend to
two thousand rupees or with both.
5. (1) ll any person puts any poison, lime or any
noxious materials into any.water, with the intention, to
catch or destroy any lishes, he/she will be punishable
with imprisonment Ior a term which may extend to two
months, or with fine which may extend to two thousand
rupees or with both.
(2) The provisions of sub-section (1 ) of this section
will not debar the Fisheries Department to use such
poisons and other materials, as stated therein lor the
specific purpose of destruction ot any fish/allied species
or predators in any water, either directly or indirectly,
underthe controlof Fisheries Department o( elsewhere.
6. (1 ) The Government may, by notification in the
Official Gazette, make rules, in respect ol all "Fisheries",
to prohibit or regulate all or any of the following matters,
and may also by notif ication apply such rules or, any of
them to any private water, with the consent in writing ol
the owner thereof, and of all persons having, lorthe time
being exclusive right of fishery/aquaculture therein:-
(a) the erection and use of lixed engines;
(b) the construction ol weirs, dams, barrages,
bundhs and roads;
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(c) the dimension and kinds of nets to be used
and the mode of using them;
(d) methods ot catching fishes and the use ol
more than one method for catching fishes at a
time;
(e) the use of guns, bows, arrows, spears and
similar weapons, contrivance or
implements, in any water with the intention to
catch or harm any fishestherein:
(l) the deposit or, discharge in any water containing
fishes, or any specif ied liquid or solid matters,
detrimental to ,ish or the food for fishes;
(g) the prohibition of all the fishing as may be
necessary and particularly during breedang
season in any specilied water for any specified
period(s)which may also be extended Iorfurther
period(s);
(h) the authorization or delegatlon of power to the
Deputy Commissioners as representative of lhe
Fisheries Department to lease or license the
rights ol fishing in notified fisheries under the
provisions of section 3 ol this Act.
(i) theterms and conditions lorgranting of licenses
or leases to fish in water bodies including Trout
lishing proclaimed under section 3 including the
payments in consideration of which, and the
conditions on which such licenses or leases
are granted ;
0) grant ol remissions, waving ol dues, extension
ol lease or license periods and
(k) the person by whom, and the time, place and
manner on which, anything is to be done, to
carry ouvfollow uti the provisions are made in
this Act.
I lrt
(l) the manner in which notices, proclamations,
summons, warrants and other processes
issued under this Act will be issued, published
and served; the lees to be charged forthe issue,
publication and service of such processes;
(m) the cost of all proceedings underthisAct; and
(2) ln making any rules under this section, the
Govemment may,
(a) direct that a breach of any rule aforesaid, shall
be punishable with fine whach may extend to
two thousand rupees, and when the olfence
is the continuation of earlier breach/offence,
with a further fine which may enend to rupees
two hundred only, for every day after the date
of the lirsl conviction during which the breach
is proved to be persisting; and
(b) provide for-
(i) the seizure, forfeiture and removal of fixed
engines, erected or used, ornets, weapons,
contrivances of implements used in
contravention ol the rules;
(ii) the lorfeiture and sale of any fish taken by
the means of any such lixed engines or
nels, weapons, contrivances or implements
provided that the sale of fish is made only
when decomposition is anticipated to take
place, prior to production of the lishes
before a Magistrate, and
(iii) prohibition, generally orin any specilied area,
ol the otferiQg or exposing for sale or barter
o{ any tishes, takirlg of which has been
made unlaMul under sub{lause (ii) above.
(n) generally to carry out the provisions ot this Act.
167
(3) Every rule made by the Government under this
Act shall be laid as soon as may be, after it is made
belore the Legislature of the Arunachal Pradesh while
it is in session, lor a total period of four days which
may be comprised in one session or in the successive
sessions and if before the expiry of the session in which
it is so laid or the session immediately, following the
Legislatures consenr in making any modif ications in
the rule or the Legislature agrees that the rule should
not be made, the rule shall thereafter have effect only,
in such modified lorm or be ol no ellect as the case
may be, so hcwever that any such moditications or
annulmenl shall be without prejudice to the validity of
anything previously done under that rule.
7. (1 ) The District Fishery Development Olf icer or
any Fisheries Off icer or any Police Officer not below
the rank of Sub-lnspector or any other person specially
empowered by the Government in this behalf , either
by name or holding any office for the lime being, may
without any order lrom a Magistrate and without a
warranl, arrest any person committing any olfence
punishable under section 4 or 5 or any rules made
under section 6 of this Act.
(2) ll the name and address ot the person(s)
is/are unknown to the Officer elfecting arrest as per
provisions of sub-section (1) of this section, and if the
person declines to give his name and address, or if
there is reasons to doubt the accuracy ol the name
and address, or if a person arrested under this section
may be detained until his name and address have been
correctly f urnished or ascertained.
Provided lhat, no person so arrested shall be
detained ror a longer period than that may be necessary.
for bringing him before a Magistrate and in any case
not exceeding twenty lour hours of such arrest excluding
the time necessary for the journey from the place of
arrest to the court of the Magistrate except under the
order ol a Magistrate {or such detention.
Arrest without
warrant for of-
lences under
this Act.
Protection of
action taken in
good faith.
Savings.
168
8. No suit prosecution or other legal proceeding
shall lie against the Government ofArunachal Pradesh
and any Ollicer of lhe Government or any person duly
authorized to Act under the provisions of section 7 ol
this Act in respect of any action taken by him or
anything which is in good faith done or intended to be
done under this Act.
9. (1)Nothing contained in thisAct shall effect the
provision ot the Assam Forest Regulation, 1891 (7 o,
1891), relating to fisheries within the Reserved Forest
areas of Arunachal Pradesh;
(2) exempt, any person from any suit or other
proceedings which could, apart lrom thisAct, be broughl
against him;
(3) affect anything done or any action taken in
relation to any matter not inconsistent with the provisions
of this Act and shall be deemed to have been done or
taken under this Act, as if this Act was in Iorce on the
date on which such thing was done or such action was
taken.
Note : Published in the Arunachal Pradesh Gazette,
Extraordinary No. 34 Vol. XIV dated 25th April,
2006.

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