LexThe Himachal Pradesh Fisheries Act, 1976
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH FISHERIES ACT, 1976
ARRANGEMENT OF SECTION S
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Power to make rules for prohibition and licensing of fishing
in selected waters.
4. Power to prohibit sale of fish.
5. Penalties.
6. Punishment for destruction of fish by explosives.
7. Punishment for destruction of fish by poisoning water.
7-A. Punishment for the possession of dynamite and other
explosive substance to be used for killing the fish.
7-B. Punishment for killing or catching fish during prohibited
season.
7-C. Offences to be cognizable and non-bailable.
8. Arrest without warrant for offence under this Act.
9. Cognizance of offences.
10. Power to compound certain offences.
11. Public servants indemnified for acts done under this Act.
12. Repeal and savings.
__________
THE HIMACHAL PRADESH FISHERIES ACT, 1976
(ACT NO. 16 OF 1976)
1
(Received the assent of the Governor, Himachal Prad esh on the 26 th
April, 1976 and was published in the Rajpatra, Hima chal Pradesh (Extra-
ordinary), dated the 30 th April, 1976, pp. 1180-1185).
An Act to provide for certain matters relating to f isheries in Himachal
Pradesh.
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 26 th March, 1975, p. 362. For its Authoritative Hindi T ext see the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 24 th October, 1987, p.
2115-2123.
2 THE HIMACHAL PRADESH FISHERIES ACT, 1976
Amended, Repealed or otherwise affected by,-
(i) H.P. Act No 17 of 1989
1 assented to by the President on 7 th
September, 1989, published in Hindi in the Rajpatra , Himachal
Pradesh (Extra-ordinary), dated 11 th September, 1989, pp. 2211-
2214 and in English in the Rajpatra, Himachal Prade sh (Extra-
ordinary), dated 6 th February, 1990, pp. 177-181, effective from
6th July, 1989.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Fisheries Act, 1976.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) “fish” includes shell fish and fish in all stages of its life
history including acquatic plants of fisheries;
(b) “fishing craft” means any boat, whether manually o perated or
powered, used for fishing or transport of fish;
(c) “fishing gear” means any net, line, rod and lime, fishing
tackle and other appliances used for catching fish;
(d) “fishing offence” means an offence punishable unde r this Act
or under any rule made thereunder;
(e) “fishery officer” means any person whom the Himach al
Pradesh Government or any other officer, empowered by the
Himachal Pradesh 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 any thing
required by this Act or any rule made thereunder:
Provided that no police officer below the rank of S ub-
Inspector shall be so empowered;
(f) “fixed engine” means any net, cage, trap or other contrivance
for taking fish, fixed in the soil or made stationa ry in any
otherway;
(g) “private waters” means waters, which are the exclu sive
property of any person, or in which any person has for the
1. Passed in Hindi by Himachal Pradesh Vidhan Sabha . For Statement of Objects and
Reasons see the Rajpatra, Himachal Pradesh (Extra-o rdinary), dated the 2 nd
August, 1989, pp. 1940-1944.
THE HIMACHAL PRADESH FISHERIES ACT, 1976 3
time being an exclusive right of fishery, whether a s owner,
lessee or in any other capacity and includes tanks, ponds,
artificial lakes etc., excavated at the expense of the owner
which have no communication in therainy season with natural
waters such as rivers, streams, canals and jhils;
Explanation.- Water shall not cease to be private
water within the meaning of this definition by reas on only
that other persons may have by custom a right of fi shery
therein;
(h) State Government” means the Government of Himachal
Pradesh;
(i) “religious water” means waters belonging to a reli gious body
or institution and which have never been fished bef ore on
account of any restrictions on religious grounds;
(j) “religious body” means the trustees or any other p ersons who
are in charge of a religious institution or in whom the
ownership of the religious institution vest for the time being;
and
(k) “religious institution” means a temple, a mosque, or a church,
any other shrine dedicated to any God or Goddess, a nd such
other institutions as the State Government may by notification
in the Official Gazette declare in that behalf.
3. Power to make rules for prohibition and licensin g of fishing in
selected waters.- (1) The State Government may make rules for the pur poses
mentioned hereinafter in this section and shall und er such rules declare the
waters, not being private waters, to which all or any of them shall apply.
(2) The State Government may, by notification in t he Official
Gazette, apply such rules or any of them to any pri vate waters with the
consent in writing of the owner thereof and of all persons having for the time
being any exclusive right of fishery therein, or, i f the State Government is
satisfied that the consent is un-reasonably withheld without such consent:
Provided that no rules under this section shall ap ply to any religious
waters.
(3) Such rules may-
(a) prohibit or regulate all or any of the following m atters,-
(i) the erection and use of fixed engines;
(ii) the construction, temporary or permanent of weirs,
dams and bunds; and killing of fish by diversion of
natural waters; and
(iii) the dimension and kinds of fishing gears to be use d and
the mode of using them;
4 THE HIMACHAL PRADESH FISHERIES ACT, 1976
(b) prohibit fishing except under licence and regulate the granting
of such licences, the fees payable therefor and the conditions
to be inserted therein;
(c) prohibit the destruction or attempt to destroy fis h by gun,
spear, bow and arrow or like instrument or pollution of waters
by trade effluents.
(d) prescribe seasons in which the killing or catching or sale of
any fish of any prescribed species shall be prohibited;
(e) prescribe a minimum size or weight below which no fish or
any prescribed species shall be caught, killed or sold;
(f) prohibit fishing in any specified water for specif ied period;
(g) regulate the export of fish outside any area or ar eas and price
at which fish may be brought or sold in any specified markets
of all or any specified species;
(h) require to owner, mortgagee with possession or les see of any
tank or jhil for the stocking of such tanks or jhils with any
class or classes of fish;
(i) prescribe the formation of associations or societi es and the
collection of funds for the uplift of fishermen and promotion
of fishing industry;
(j) regulate the marketing of fish and also purchase a nd use of
fish for preservation or for the manufacture of any fish
products;
(k) regulate the possession of fishing craft and gear within such
specified limits as may appear to be necessary; and
(l) regulate the transport of all fish or of certain s pecies of fish or
fish products within specified limits as may appear to be
necessary. Such rules may, among other matters,-
(a) prescribe the routes by which alone fish or fish p roducts
may be imported into and exported from the State of
Himachal Pradesh,
(b) prohibit the import, export or transport within sp ecified
limits of fish without a pass from a fisheries offi cer or a
person duly authorised to issue the same or otherwi se
than in accordance with the conditions of each pass,
(c) prescribe the form of such passes and provide for their
issue, production and return, and
(d) provide for the examination of fish in transit wit hin
specified limits.
(4) In making any rule under this section the State Government may
provide for-
THE HIMACHAL PRADESH FISHERIES ACT, 1976 5
(a) seizure, removal and forfeiture of any apparatus e rected or
used for fishing in contravention of the rules,
(b) forfeiture of any fish taken by means of any such apparatus,
and
(c) confiscation of any consignment of fish held or tr ansported in
contravention of the rules.
(5) The power to make rules under this section shal l be subject to the
condition of the rules being made after previous publication.
(6) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the Legislative Assembly w hile it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the sessions imme diately following, the
Assembly makes any modification in the rule or deci des that the rule should
not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such modification
or annulment shall be without prejudice to the vali dity of anything previously
done under that rule.
4. Power to prohibit sale of fish.- The State Government may, by
notification in the Official Gazette, prohibit in s uch area or areas as may be
specified in that behalf the offering or exposing f or sale or barter of any fish
killed in contravention of any rule made under sub- section (3) of section 3 of
this Act.
5. Penalties.- The breach of any rule made under section 3 or of a n
prohibition notified under section 4 shall be punishable,-
(1) on first conviction with imprisonment of eithe r description for
a term which may extend to three months, or with fi ne which
may extend to five hundred rupees, or with both; and
(2) on every subsequent conviction with imprisonme nt of either
description for a term which may extend to six mont hs, or
with fine which may extend to one thousand rupees, or with
both.
6. Punishment for destruction of fish by explosives .- (1) If any
person uses any dynamite or other explosive substan ces in any water with
intent thereby to catch or destroy any fish, that m ay be therein, he shall be
punishable with imprisonment for a term which may e xtent to
1[three years or
with fine which may extend to five thousand] rupees, or with both.
(2) Whoever, having already been convicted of an o ffence under sub-
section (1) is again convicted thereunder, shall, o n every subsequent
conviction, be punishable with imprisonment for a t erm which may extend to
1. Substituted for the words "one year or with fine which may extend to one
thousand" vide H.P. Act No. 17 of 1989, effective from 6th July, 1989.
6 THE HIMACHAL PRADESH FISHERIES ACT, 1976
three years and with fine which may extend to 1[five thousand] rupees.
2[(3) X X X X X X X].
7. Punishment for destruction of fish by poisoning water.- If any
person puts any poison, 3[bleaching powder,] lime or noxious material in to
any water with intent thereby to catch or destroy a ny fish, he shall be
punishable with imprisonment for a term which may e xtend to 4[three years,
or with fine, which may extend to five thousand] rupees, or with both.
5[7A. Punishment for possession of dynamite and othe r explosive
substance to be used for killing the fish.- If a person is found to be in
possession of a dynamite or any other explosive sub stance for the purpose of
killing the fish near or in the vicinity or on the bank of a river, rivulet, khad,
pond, lake, reservoir which are habitated by the fi shes, shall, unless he
explains satisfactorily that his possession or cont rol over such a dynamite or
the explosive substance was for a lawful object, be punishable with
imprisonment for aterm which may extend to two year s, or with fine which
may extend to three thousand rupees, or with both.
7B. Punishment for killing or catching fish during prohibited
season.- Notwithstanding anything to the contrary contained in section 5 of
this Act, if a person kills or catches fish with a net during the season, in which
killing or catching of fish is prohibited under any rule framed under clause (d)
of sub-section (3) of section 3, shall punishable b e with imprisonment for a
term which may extend to two years or with fine whi ch may extend to three
thousand rupees or with both.
7C. Offences to be cognizable and non-bailable.- Notwithstanding
anything contained in the Code of Criminal Procedur e, 1973, (2 of 1974) all
offences under sections 6, 7, 7A and 7B of this Act shall be cognizable and
non-bailable offences.]
8. Arrest without warrant for offence under this Ac t.- (1) Any
fisheries officer, police officer not below the rank of the Sub-Inspector, or any
other person specially empowered by the State Gover nment in this behalf,
may arrest without warrant any person committing or attempting to commit,
in his view a fishing offence,-
(a) if the name and address of the person are not know n to him, and
(b) if the person declines to give his name and addres s, or if there is
reason to doubt the accuracy of the name and address, if given.
1. Substituted for the words "two thousand" vide H. P. Act No. 17 of 1989, effective
from 6th July, 1989.
2. Sub-section (3) omitted vide H.P. Act No. 17 of 1989, effective from 6 th July,
1989.
3. Inserted vide H.P Act No. 17 of 1989, effective from 6 th July, 1989.
4. Substituted for the words "one year or with fin e which may extend to one
thousand" vide H.P. Act No. 17 of 1989, effective from 6th July, 1989.
5. Sections 7-A, 7-B and 7C inserted vide H.P. Act No. 17 of 1989, effective from
6th July, 1989.
THE HIMACHAL PRADESH FISHERIES ACT, 1976 7
(2) A person arrested under this section may be de tained until his
name and address have been correctly ascertained:
Provided that no person so arrested shall be detain ed longer than it
may be necessary for bringing him before a Magistrate, except under the order
of a Magistrate for his detention.
(3) Every fishery officer shall have the same powe rs of search and
investigation relating to a fishing offence as a po lice officer of the rank of the
Sub-Inspector has under the Code of Criminal Procedure, 1973 (2 of 1974).
9. Cognizance of offences.- No court shall take cognizance of any
offence under this Act, except on the complaint of a fishery officer or of
apolice officer not below the rank of the Sub-Inspe ctor or of any other person
or class of persons authorised by the State Government in this behalf.
10. Power to compound certain offences.- (1) The State
Government may, by notification in the Official Gaz ette, empower a fishery
officer by name or by virtue of office,-
(a) to accept from any person concerning whom evidence exists,
which if unrebutted, would prove that he has commit ted any
fishing offence as described in the first column of the Schedule,
a sum of money by way of compensation for the offen ce with
regard to which such evidence exists and on the pay ment of
such sum of such officer, such person, if in custod y, shall be
released and no further proceedings shall be taken against him;
(b) to release any property that has been seized as li able to
confiscation without further payment or on payment of the
value thereof as estimated by such officer and on t he payment
of such value such property shall be released and n o further
proceedings shall be taken in respect thereof.
(2) A sum of money accepted as compensation under clause (a) of
sub-section (1) shall in no case exceed the amount acceptable as compensation
in the second column of the schedule for the partic ular offence described in
the first column thereof.
11. Public servants indemnified for acts done under this Act.- (1)
All persons empowered to exercise powers and perfor m duties under this Act
or rules made thereunder shall be deemed to be publ ic servants within the
meaning of section 21 of Indian Penal Code, 1860 (45 of 1860).
(2) No suit or other legal proceedings shall lie i n respect of the
exercise of any powers or discretion conferred by t his Act, or against any
public servant or person duly appointed or authoris ed under this Act, in
respect of anything in good faith done or purportin g to be done under the
provisions thereof or the rules made thereunder.
12. Repeal and savings.- The Punjab Fisheries Act, 1914 (2 of 1914),
as in force in the areas comprised in Himachal Prad esh immediately before
the1
st November, 1966, and as in force in the areas adde d to Himachal
8 THE HIMACHAL PRADESH FISHERIES ACT, 1976
Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966),
is hereby repealed:
Provided that,-
(i) anything done or action taken or proceeding commenc ed or
continued under the repealed Act shall be deemed to have been
done taken, commenced or continued under the corres ponding
provisions of this Act;
(ii) any appointment, order, regulation or notification made, issued
or given under the provisions of the repealed Act, shall in so far
as it is not inconsistent with the provisions of th is Act, be
deemed to have been made, issued or given under the
provisions of this Act, unless and until superseded by any
appointment, order, regulation or notification made , issued or
given under this Act.
______________
1[THE SCHEDULE
(See section 10)
MAXIMUM AMOUNT ACCEPTABLE AS COMPENASTION FOR
CERTAIN FISHING OFFENCES UNDER SECTION 10
Description Maximum amount
acceptableas
compensation
1 2
1. Fishing with a net having a smaller mesh
than that prescribed under the rules made
under the Act.
Rupees five hundred.
2. Fishing without a licence. Rupees three hundred.
3. Killing or catching or selling or attempt to
kill, catch or sell fish of asize or weight less
than the standard prescribed under this Act.
Rupees three hundred.
4. Killing or catching or selling or attempt to
kill, catch or sell any fish of a prohibited
species during a close season.
Rupees three hundred.
5. Fishing or attempting to fish with any gear
or method other than permitted under the
rules.
Rupees three hundred.
6. Using at any one time more than two of Rupees three hundred.
1 The existing Schedule substituted vide H.P. Act N o. 17 of 1989, effective from 6 th
July, 1989.
THE HIMACHAL PRADESH FISHERIES ACT, 1976 9
either or any of the gears permitted under
the rules.
7. Licence holders employing or engaging
non-licensees to help them with their nets,
while fishing.
Rupees three hundred.
8. Fishing or attempting to fish in prohibited
water.
Rupees three hundred.
9. Offering or exposing for sale or barter any
fish, the sale of which is prohibited in any
specified area by a notification issued under
section 4 of the Act.
Rupees three hundred.
10. Exporting or attempting to export fish in
contravention of any rule made under sub-
section 3 of section 3 of the Act.
Rupees one thousand
11. Selling or attempting to sell fish for price
above the specified market value.
Rupees four hundred.
12. Possessing fishing craft and tackles
unauthorisingly in contravention of clause
(k) of sub-section (3) of section 3 of the
Act.
Rupees four hundred
13. Transporting or attempting to transport fish
or fish-products within specified limits in
contravention of clause (1) of sub-section
(3) of section 3 of the Act.]
Rupees four hundred.