The Assam Private Fisheries Protection Act, 1935

ASSAM ACT I OF 1935.
[Published in the Assam Gazette  of the 14th
1935.]
TH E ASSAM PRIVATE PIS 
PROTECTION ACT, 1935.
in priva te waters.
An Act for the protection of the right o f fishing
Preamble. W hereas  it is expedient to provide for the pro­
tection < > f  private rights of fishery ;
And whereas the previous sanction of the sand e  G e o . s. 
Governor General has been obtained under sub- gSo.6# ,’  ch ’ s?, 
section (3) of section 80A of the Government of ®
India zkct to the passing of this Act.
It is hereby enacted as follows:—
Short title. 1. (7) This Act may be called the Assam Private 
Fisheries Protection Act, 1935.
Extent. (2) I t  extends in the first instance only to the 
areas in Assam in which the Private Fisheries 
Protection Aet, ls89, is, before the passing of this B e n g a l A o t ti 
Act, in force an i the Local Government may, b y of 1889‘  
notification in the Assam Gazette  extend to any 
other area all or any provisions of this Act.
The Indian Fisheries Act, 1897, is to be read as Activof 1 8 9 7 , 
supplemental to this Act.
Interpretation 
clanae. 2. In this Act, unless there be something 
repugnant in the subject or context—
Ptah. (/) “ Fish . ” includes shell-fish and turtles ;
Fixed engine. (2) “ Fixed engine ” means any net, eage, 
trap or other contrivance for taking fish fixed in 
the soil or made stationary in any other way ;
P rivate w aters, (3) “ Private waters "  means waters—
(а) which are the exclusive property of any
person ; or
(б) in which any person has an exclusive
right of fishery.
p « n aitie« . 8. Any person who—
(а) fishes in any private waters, not having
a right, to fish therein ;
(б) erects, places, maintains or uses any fixed
engine in private waters, or pats, or 
knowingly permits to be put therein 
any matter for the purpose of catching 
or destroying fish without the permis­
sion of the peison to whom the right 
of fishery therein belongs ;
[Price—Indian anna 1. English Id.]

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shall be guilty of an offence, and shall be 
punished for a first offence with a fine not 
exceeding fifty rupees;
and for a subsequent offence with imprisonment, 
which may be simple or rigorous for a term not 
exceeding one month, or with a fine not exceed­
ing two hundred rupees or both :
Provided that nothing herein contained shall 
apply to acts done by any person in the exercise 
of a bona fide claim of right, or in accordance with 
a long-established custom or shall prevent any 
person from angling with a rod and line or with 
a line only in any portion of a navigable river.
faid < S g "n e e .of A n Y  fixed engine erected placed, main­
tained or used in contravention of the last preced­
ing section, and any fish taken by means of such 
engine, or otherwise in contravention of this 
Act shall be forfeited.
R e m o v a l o f fix e d  (2) And 6uch fixed engine may be removed 
e n g in e * . o r  t a |je n  p OBseg8 jo n  o f by the Deputy Com­
missioner of the District, or such person as he 
empowers in this behalf.
E ntry u p o n  the 5. Whoever enters upon land in the possession 
o V o p 'o n ’priT atl of another or upon private waters, with intent to 
inunrt to o o m1! c o m n r i’t  a n v  of the offences specified in section 4, 
mitan o ffe n c e , shall be punished with a fine not exceeding fifty 
rupees.
o ffo n c e s  under 6. Offences committed under this Act shall 
er’a A-cognii be con idered to be “ cognizable offences ” as 
b ie o ffen ces". Je fine< i j n  tb e Code of Criminal Procedure, 18^8. Act v  of 1888 -
A  G- P. (Leg.) No. 106— 600-3-10-1935.
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