The Punjab Fisheries, Act, 1914

 
 
 
1914 : Pb. Act II] PUNJAB FISHERIES 357 
 
CONTENTS  
THE [HARYANA] FISHERIES ACT, 1914  
SECTIONS  
1. Title and extent.  
 
2. Meaning of terms. 
2-A. Definitions.  
 
3. Prohibition and licensing of fishing in selected waters 
by rules of Local Government.   
4. Power to prohibit sale for fish.   
5. Penalty.   
6. Arrest without warrant for offences under the Act.   
7. Saving of powers under Indian Fisheries Act.  
 
8. Power to compound certain 
offences.  
 
The Schedule.  
 
 
 
1914 : Pb. Act II] PUNJAB FISHERIES 359 
 
1THE 8[HARYANA] FISHERIES ACT, 1914 
Punjab Act 2 of 1914  
[13th February, 1914]2  
1 2 3 4 
    
Year No. Short title Whether affected by later legislation 
    
1914 2 The 8[Haryana] Fisheries Amended by :— 
  Act, 1914  
   Punjab Act 4 of 19233. 
   Government of India (Adaptation of Indian Laws) 
   Order, 1937. 
   Punjab Act 2 of 19414. 
   Indian Independence (Adaptation of Bengal and 
   Punjab Acts) Order, 1948. 
   Adaptation of Laws Order 1950. 
   Adaptation of Laws (Third Amendment) Order, 
   1951. 
   Extended to the territories, immediately before 
   the 1st November, 1956, were comprised in 
   the State of Patiala and East Punjab States Union, 
   by Punjab Act 5 of 19595. 
   Haryana Adaptation of Laws (State and Concurrent 
   
Subjects) Order, 19686. 
Amended by Haryana Act 15 of 2021 
    
 
AN ACT TO EXTEND THE LAW RELATING TO  
FISHERIES IN 7[HARYANA].  
Whereas it is expedient to extend the Law relating to 
Fisheries in 7[Haryana] ;  
It is hereby enacted as follows :—  
1. (1) This Act may be called the 8[Haryana] Fisheries Act, 1914.                        
 
1. For Objects and Reasons, see Punjab Gazette,  1913, Part V, page 265; for 
Report of the Select Committee, see ibid,  page 365; and for proceedings in 
Council, see ibid, see pp. 298 and 381].   
2. See Punjab Gazette, Part V, 1914, page 43.   
3. For Statement of Objects and Reasons, see Punjab Gazette, 1923, Part V, pp. 
45-47, for report of the Select Committee, see ibid , pp. 119- 122; and for 
proceedings in the Council, see Punjab Legislatives Council Debates, Vol. 
IV, pp. 906 -10. This Act came into force on 1st January, 1924, —vide 
Punjab Gazette, 1923, Part I, page 991.   
4. For Statement of Objects and Reasons, see Punjab Gazette,  Extraordinary, 
1940, page 243, and for proceedings in Assembly, see Punjab Legislative 
Assembly Debates Vol. XV, pp. 85-86.   
5. For Statement of Objects and Reasons, see Punjab Government Gazette 
(Extraordinary), 1958, page 1487.   
6. For Statement of Objects and Reasons, see Haryana Government Gazette 
(Extra), dated the 29th October, 1968.   
7. Substituted for the word “Punjab” by Haryana Adaptation of Laws Order, 1968.  
8. Substituted by Haryana Act 15 of 2021 (w.e.f.  01.11.1966).  
Title and 
extent. 
 
 
 
 
 
 
 
 
 
Meaning 
of terms. 
 
 
 
Definitions. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Prohibition and 
licensing of 
fishing in 
selected waters 
by rules of State 
Government. 
 
 
 
360 PUNJAB FISHERIES [1914 : Pb. Act II 
 
(2) It extends to the whole of 1[Haryana].   
2. In this Act and the Rules thereunder unless there is  
something repugnant in the subject to context, the expressions  
‘‘fish’’ and ‘‘private water’’ shall have the meanings assigned  
to them in section 3 of the Indian Fisheries Act, 1897.  
2[2-A. In this Act, unless there is anything repugnant in 4 of 
the subject or context — 1897.  
(1) ‘‘Fishery Officer’’ means any person whom the   
3[State] Government or any officer empowered by the 
3[State] Government in this behalf may from time to 
time appoint by name, or as holding an office, to carry 
out all or any of the purposes of this Act, or to do 
anything required by this Act or any rule made 
thereunder to be done by a Fishery Officer :  
 
Provided that no police officer below the rank of Sub-
Inspector shall be so empowered.  
(2) ‘‘Fishing offence’’ means an offence punishable 
under this Act or under any rule made thereunder.]  
 
3. (1) The 3[State] Government may make rules for the 
purposes hereinafter in this section mentioned and shall in 
such rules declare the waters, not being private waters, to 
which all or any of them shall apply.  
(2) The 3[State] Government may by 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 —  
 
(a) prohibit fishing except under license and regulate 
the granting of such licenses, the fees payable 
therefor, and the conditions to be inserted therein ;  
 
(b) prescribe seasons in which the killing of any fish 
of any prescribed species shall be prohibited ; and  
 
1. Substituted for the word, ‘‘Punjab’’ by the Haryana Adaptati on of Laws 
Order, 1968.   
2. Added by Punjab Act 4 of 1923.   
3. Substituted by A.O. 1950, for ‘‘Provincial’’.  
 
 
 
1914 : Pb. Act II] PUNJAB FISHERIES 361 
 
(c) prescribe a minimum size of weight below which no 
fish of any prescribed species shall be killed.   
(4)     In making any rule under this section the 1[State] 
Government may provide for —  
(a) the seizure, forfeiture and removal of any apparatus 
erected or used for fishing in contravention of the rules 
; and  
 
(b) the forfeiture of any fish taken by means of any such 
apparatus.  
 
(5)    The power to make rules under this section is subject to 
the condition that they shall be made after previous publication.  
4. The 1[State] Government may be notification prohibit 
in any specified areas the offereing or exposing for sale or barter of 
any fish killed in contravention of any rule made under section 3(3)  
(b) and (c) of this Act.  
 
5. The breach of any rule made under section 3 or of any 
prohibition notified under section 4 shall be punishable with fine 
which may extend to one hundred rupee s, 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.   
6. (1) Any police officer, or other person specially empowered   
by the 1[State] Government in this behalf, may without a warrant 
arrest any person committing in his view a breach of any rule made 
under section 3 or of any prohibition notified under section 4 —  
 
(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 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Power to prohibit 
sale of fish. 
 
 
 
Penalty. 
 
 
 
 
 
 
 
 
Arrest without 
warrant for 
offences 
under the Act.
 
 
1.  Substituted by A.O., 1950, for ‘‘Provincial’’. 
 
 
 
 
 
 
 
 
 
Saving of powers 
under Indian 
Fisheries Act.
 
 
Power to 
compound 
certain offences.
 
 
 
 
362 PUNJAB FISHERIES [1914 : Pb. Act II 
 
under the order of a Magistrate for his detention.  
7. Nothing in this Act shall be deemed to limit the 4 of 
powers of the 1[State] Government to make rules under section  1897 
6 of the 2Indian Fisheries Act, 1897.  
3[8. (1) The 1[State] Government may by notification  
empower a fishery officer by name or as holding an office — 
 
(a) to accept from any person concerning whom 
evidence exists which if unrebutted would prove that he has 
committed any fishing offenc e as described in the first 
column of the Schedule a sum of money by way of 
compensation for the offence with regard to which such 
evidence exists and on the payment of such sum to such 
officer such person if in custody shall be discharged and no 
further proceedings shall be taken against him.  
 
(b) when any property has been seized as liable to 
confiscation, to release the same without further payment, or on 
payment of the value thereof as estimated by such officer, and 
on the payment of such value such property shall be released 
and no further proceedings shall be taken in respect thereof.  
 
(2) The sum of money acceptable as compensation 
under clause (a) of sub- section (1) shall in no case exceed 
the amount mentioned in the second column of the Schedule 
as the amount acceptable as compensation for the particular 
offence described in the first column of the schedule.] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1. Substituted by A.O., 1950, for “Provincial”.   
2. See Unrepealed Central Acts, Volume III.   
3. New section 8, added by Punjab Act 4 of 1923.  
 
 
 
1914 : Pb. Act II] PUNJAB FISHERIES 363 
 
THE 1SCHEDULE  
(See Section 8) 
 
Maximum amounts acceptable as compensation for 
certain fishing offences under section B.  
 Description of offence Maximum amount acceptable as 
  complication 
   
1. Fishing with a net having a smaller Rupees ten 
 mesh than that prescribed under the  
 rules made under the Act  
2. Fishing without a license .. .. Rupees ten 
3. Killing fish of a size or weight less Rupees ten 
 than the standard prescribed under  
 this Act  
4. Killing any fish of a prohibited Rupees ten 
 species during a close season  
2[5. Fishing with any gear or method other Rupees ten 
 than permitted under the rule  
6. Using at any one time more than two Rupees ten 
 of either or any of the gears permitted  
 under the rules  
7. Licence holders employing or engaging Rupees ten 
 non-licensees to help them with their  
 nets while fishing  
8. Fishing in prohibited waters Rupees ten 
9. Offering or exposing for sale or barter Rupees ten] 
 any fish, the sale of which is prohibited  
 in any specified area by a notification  
 issued under Section 4 of this Act  
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1. Schedule added by Punjab Act 4 of 1923.   
2. Items 5, 6, 7, 8 and 9, added by the Punjab Act 2 of 1941.  
 

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