The JAMMU AND KASHMIR FISHERIES ACT, 2018

FISHERIES ACT, 2018
(Act No. XVI of 2018)
THE JAMMU AND KASHMIR FISHERIES ACT, 2018
(Act No. XVI of 2018)
CONTENTS
Section.
CHAPTER I
Preliminary
1. Short title and commencement.
2. Definitions.
CHAPTER II
Protection of Fish
3. Prohibition against destruction of fish by explosive.
4. Prohibition against destruction of fish by poisoning of water.
5. Power to make rules to protect fish.
CHAPTER III
Regulation of Fishing in Specified Area
6. Declaring waters as sanctuaries, trout waters, reserved waters and protected
waters.
7. Absolute prohibition against fishing sanctuaries.
8. Powers to regulate, restrict or prohibit certain fishing activities and habitat
therein within trout waters, reserved waters and protected waters.
9. Prohibition of fishing without licence.
10. Licences for fishing and sale thereof.
11. Cancellation, suspension and amendment of licence.
CHAPTER IV
Appeal and Revision
162 FISHERIES ACT, 2018
Section.
12. Appeal.
13. Revision.
14. Bar of jurisdiction of civil courts.
CHAPTER V
Offences and Penalties
15. Offences and penalties.
16. Offences by companies.
17. Cognizance of offences.
18. Compounding of offences.
CHAPTER VI
Miscellaneous
19. Protection of action taken in good faith.
20. Appointment of officers.
21. Officers and employees to be public servants.
22. Power to remove difficulties.
23. Rewards.
24. Prohibition as to sale or barter of fish unlawfully taken.
25. Power to make rules for regulation of sale or barter of fish.
26. Prohibition as to night fishing.
27. Power of arrest.
28. Power of search and seizure.
29. Power to make rules.
30. Repeal and Savings.
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FISHERIES ACT, 2018 163
THE JAMMU AND KASHMIR FISHERIES ACT, 2018
(Act No. XVI of  2018)
[Received the assent of the Governor on 15th May, 2018 and published in
Government Gazette dated 15th May, 2018].
An Act to provide for protection, conservation and development of
fisheries in the State and for matters connected therewith or incidental thereto.
Be it enacted by the State Legislature in the Sixty- ninth Year of Republic of
India as follows:––
CHAPTER I
Preliminary
1. Short title and commencement.––(1) This Act may be called the Jammu
and Kashmir Fisheries Act, 2018.
(2) It shall come into force from the date of its publication in the 1[Official
Gazette].
2. Definitions.––In this Act, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Fisheries Act, 2018 ;
(b) “Department” means Department of Fisheries, Jammu and Kashmir ;
(c) “Fish” means an animal whether living or dead of a species that
throughout its life cycle usually lives––
(i) in water (whether fresh water or salt water) ; or
(ii) in or on foreshores ; or
(iii) in or on land under water,
which includes the spat, spawn and eggs of fish ;
(d) “fishing craft” means any boat/appliance whether operated manually
or mechanically for the capture or transport of fish ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
164 FISHERIES ACT, 2018
(e) “fishing gear” means any net, cage, trap or other contrivance  used
for fishing ;
(f) “fixed engine” means any net, cage, trap or any other contrivance
fixed in the soil or on boulders or made stationery in any other way
for the capture of fish within the waters ;
(g) “Government’ means the 1[Government of the Union territory of
Jammu and Kashmir] ;
(h) “Licence” means licence issued under section 10 of the Act or rules
made thereunder ;
(i) “prescribed” means prescribed by rules under the Act ;
(j) “Protected Waters” mean and include waters which are declared as
such under section 6 of the Act ;
(k) “Private Waters” mean water––
(a) which is the exclusive property of any person ; or
(b)  in which any person has for the time being an exclusive right
of fishing 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 fishing therein ;
(l) “Reserved Waters” mean and include waters where fishing is
required to be regulated, prohibited or restricted to protect such
species of fishes as may be determined by the Government from
time to time except trout fishes ;
(m) “Sanctuaries” mean waters, where fishing because of sacred nature
of the places or otherwise, is not permitted ;
(n) “Trout Waters” mean and include waters which harbor trout and
have been stocked with trout fish species as declared under
section 6 of the Act ; and
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government of Jammu and Kashmir”.
FISHERIES ACT, 2018 165
(o) “Waters” mean and include all rivers, streams, lakes, sars, ponds,
springs, reservoirs, canals, aquaria etc. belonging to the State.
CHAPTER II
Protection of Fish
3. Prohibition against destruction of fish by explosive.––No person shall
use any dynamite or other explosive substance in any water with intent thereby to
catch or destroy the fish therein.
4. Prohibition against destruction of fish by poisoning of water.––(1) No
person shall put any poison, lime or noxious materials into any water with intent
thereby to catch or destroy any fish therein.
(2) The Government may, by notification in the 1[Official Gazette], suspend
the operation of sub-section (1) in any specified area and may in the like manner
modify or cancel any such notification.
5. Power to make rules to protect fish.––(1) The Government may, by
notification in the 1[Official Gazette], make rules for any water other than private
waters for all or any of the following matters, namely:––
(a) prohibiting or regulating,––
(i) the erection or use of fixed engine and/or fishing gear or any
other operators used to catch or destroy fish ;
(ii) the construction of weirs, dam and bunds ; and
(iii) the release of any industrial waste, sewage or any other pollutant
to the waters which may be harmful to the species of fish or the
food of fish ;
(b) regulating the dimension and the kinds of fish gears to be used and
the mode of using them ;
(c) prohibiting all fishing in the specified waters for a specific period ;
(d) prohibiting the use of any gun, spear, arrow, any means of
electrocution or the like in any water, with intent thereby to take or destroy
any fish therein ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
166 FISHERIES ACT, 2018
(e) prohibiting introduction of any kind of fish which may be harmful
to the existing species of fish, without obtaining prior permission
of the Government ;
(f) to lease out public water resource for a specified period and to charge
fees for such lease ;
(g) regulating the standard of sale of fish and the fish seed ;
(h) prohibiting the fishing and marketing of fish during the closed season.
Explanation:––For the purpose of this clause, ‘closed season’ means such period
as the Government may, by notification in the 1[Official Gazette],
specify.
(2) In making rules under this section, the Government may provide for––
(i) the seizure, forfeiture and removal of fishing gear erected or used in
contravention of the rules ;
(ii) the forfeiture of any fish taken by means of any such fish gear ; and
(iii) the forfeiture of fish taken or sold during the period specified in clause
(h) of sub-section (1).
(3) The Government may, by notification in the 1[Official Gazette], apply such
rules or any of them to any private water with the consent, in writing, of the owner
thereof and all persons having for the time being any exclusive right of fishing
therein.
CHAPTER III
Regulation of Fishing in specified area
6. Declaring waters as sanctuaries, trout waters, reserved waters and
protected waters.––(1) The Government may, by notification in the 1[Official Gazette],
from time to time, declare the localities situated within the areas, which shall, for the
purposes of this Act be treated as sanctuaries, trout waters, reserved waters and
protected waters.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
FISHERIES ACT, 2018 167
(2) For declaring the waters under sub-section (1) as sanctuaries, trout waters,
reserved waters and protected waters, the Government shall take into consideration
the following factors, namely:––
(a) the need to protect the interests of different sections of persons
engaged in fishing, particularly those engaged in fishing using
traditional fishing craft ;
(b) the need to conserve fish and to regulate fishing on scientific basis ;
(c) the need to maintain law and order in the area ;
(d) any other area that may be prescribed.
7. Absolute prohibition against fishing in sanctuaries.–– No person shall
capture any fish by any mode of fishing in any area declared as sanctuary under
section 6 of this Act.
8. Powers to regulate, restrict or prohibit certain fishing activities
and habitat therein within trout waters, reserved waters and protected
waters.––(1) The Government may, having regard to matters referred to in
sub-section (2) of section 5, by notification in the 1[Official Gazette], regulate,
restrict or prohibit in any trout waters, reserved waters and protected waters
and habitat therein,––
(a) the catching of such species of fish and for such period, as may be
specified, in the notification ;
(b) the fishing by such class or classes of fishing vessels and for such
period, as may be specified in the notification ;
(c) the use of such fishing gears, as may be specified in the notification ;
(d) the collection of biological specimen ;
(e) the number of fishing vessels/small boats which may be used for
fishing ; and
(f) the extraction of bed material including sand, bajri and boulders.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
168 FISHERIES ACT, 2018
9. Prohibition of Fishing without Licence.––No person shall after the
commencement of this Act, carry on fishing in any trout waters, reserved waters
and protected waters, without a licence granted under section 10 :
Provided that nothing in this section shall apply to different sections of
persons who were engaged in fishing, particularly of those engaged in fishing by
use of traditional fishing crafts immediately before the commencement of this Act,
for such period, as may be specified by the Government by notification in the
1[Official Gazette].
10. Licences for fishing and sale thereof.—(1) Any person desirous of fishing
in an area where such fishing is permitted by the Government or desirous to sell
fish in the market areas, may make an application to the Licencing Officer for the
grant of licence in a specified area and for a specified period.
(2) Every application under sub-section (1) shall be in such form, contain
such particulars and accompanied by such fees, as may be prescribed.
(3) The Licencing Officer may, after making such enquiry as he deems fit,
either grant or refuse to grant the licence for fishing or sale of fish in the specified
area mentioned in the licence.
(4) A licence under this section shall be granted in such form, on such term
and conditions and on payment of such fees, as may be prescribed.
(5) A licence granted shall be valid for a period of one financial year, unless
it is suspended or cancelled earlier and may be renewed from time to time for a
period of one year on payment of such fees, as may be prescribed :
Provided that licence for trout fishing by angling procedure shall not be
granted for more than one day.
11. Cancellation, suspension and amendment of licence.––(1) If the
Licencing Officer is satisfied either on a reference made to him in this behalf or
otherwise, that––
(a) a licence granted under section 10 has been obtained by
misrepresentation ;
(b) the holder of a licence has, without reasonable cause, failed to comply
with the condition subject to which the licence has been granted or
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
FISHERIES ACT, 2018 169
has contravened any of the provisions of this Act or any order or rule
made thereunder,
then, without prejudice to any other penalty to which the holder of the licence may
be liable under this Act, the Licencing Officer may, after giving the holder of the
licence a reasonable opportunity of showing cause, cancel or suspend the licence
or forfeit the whole or any part of the fee or security, if any, furnished for the due
performance of the conditions subject to which the licence has been granted.
(2) Subject to any rules that may be made in this behalf the Licencing Officer
may also vary or amend a licence granted under section 10.
CHAPTER IV
Appeal and Revision
12. Appeal.–– Any person aggrieved  by the order of the Licencing Officer
under section 10 refusing to grant a licence or under section 11 varying,
suspending, cancelling or amending a licence granted may within thirty days
from the date on which the order is communicated to him, prefer an appeal in
such form and accompanied by such fee as may be prescribed by the Government
to the appellate authority :
Provided that the appellate authority may entertain appeal after the expiry of
period of thirty days, if the appellant satisfies the appellate authority that he had
sufficient cause for not preferring an appeal within such period.
(2) On receipt of an appeal under sub-section (1), the appellate authority
shall after giving the appellant a reasonable opportunity of being heard, pass such
order in the appeal as he deems just and proper.
(3) In computing a period laid down in sub-section (1), the provisions of
1[the Limitation Act, 1963 (36 of 1963)] shall, so far as may be, apply.
13. Revision.––(1) Subject to the rules that may be made in this behalf, the
Government may, on its own motion or on an application by an aggrieved person
made to it in this behalf, call for and examine the record of any order passed by the
appellate authority and pass such order thereafter as it deems fit and proper :
Provided that no record of any proceeding of the appellate authority shall be
called for––
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “the Limitation Act, Samvat 1995”.
170 FISHERIES ACT, 2018
(i) in a case where an appeal lies under section 12, but no appeal has been
filed ; or
(ii) in a case where an appeal has been made under section 12 and such
appeal is pending.
(2) No order shall be passed under this section which adversely affects
any person unless such person has been given a reasonable opportunity of
being heard.
14. Bar of Jurisdiction of Civil Courts.–– No civil court shall have
jurisdiction to deal with or decide any question which the Licencing Officer,
the Appellate Authority or, as the case may be, the Government is empowered
to deal with or decide by or under this Act and no injunction shall be granted
by the Civil Court in respect of any action taken or to be taken in pursuance of
any provision of this Act.
CHAPTER V
Offences and Penalties
15. Offences and penalties.––(1) Whosoever contravenes the provisions
of section 3, section 4, and section 7 shall, on conviction, be punished with
imprisonment for a term which may extend to six months or with fine not
exceeding ten thousand rupees  or with both.
(2) Whosoever contravenes the provisions of section 8 and section 9
shall, on conviction, be punished with imprisonment for a term  which may be
extended to three months or with fine which may extend to rupees five thousand
or with both.
(3) When an offence under sub-section (1) and sub-section (2) is a
continuing one, the offender shall be punished with a daily fine not exceeding
rupees one thousand during the period of continuance of such offence.
16. Offences by companies.––(1) Where an offence under this Act has
been committed by a company, every person who at time the offence was
committed, was incharge of, and was responsible to the company for conduct
of the business of the company, as well as the company shall be deemed to be
guilty of the offence and shall be liable to proceeded against and punished
accordingly :
FISHERIES ACT, 2018 171
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act if he proves that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this section has been committed by a company and it is provided
that the offence has been committed with the consent or connivance of, or is
attributable to, any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation:––For the purpose of this section––
(a) “company” means a body corporate and includes a firm or other
association of individuals ; and
(b) “director” in relation to a firm means a partner in the firm.
17. Cognizance of offences.–– Notwithstanding anything contained in the
1[Code of Criminal Procedure, 1972 (2 of 1974)], the offences punishable under this
Act shall be cognizable.
18. Compounding of offences.––(1) Notwithstanding anything contained in
the 1[Code of Criminal Procedure, 1973 (2 of 1974)], the Government or any officer
authorised by it in this behalf, may accept from any person who committed any
offence punishable under this Act, a sum of money by way of compounding of the
offence as prescribed by the Government from time to time.
(2) On payment of the sum of money in accordance with sub-section (1),
any person in custody in connection with that offence shall be set at liberty
and no proceedings shall be instituted or continued against such person in
any criminal court.
(3) The acceptance of the sum of money for compounding an offence under
sub-section (1) by the Government or an officer authorised in this behalf shall be
deemed to be an acquittal within the meaning of 2[section 300 of the Code of the
Code of Criminal Procedure, 1973 (2 of 1974)].
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure, Samvat
1989”.
2. Substituted ibid for “section 403 of the Criminal Procedure Code, Samvat 1989”.
172 FISHERIES ACT, 2018
CHAPTER VI
Miscellaneous
19. Protection of action taken in good faith.–– No suit, prosecution or other
legal proceeding shall lie against any person or the 1[x x x x] Government, for anything
which in good faith is done or intended to be done under this Act.
20. Appointment of officers.–– The Government may appoint by notification
officers as it may consider necessary to exercise the powers conferred on, and
discharge the duties imposed upon them under this Act in such area as may be
specified in the notification.
21. Officers and employees to be public servants.–– All officers and
employees shall, when acting or purporting to act in pursuance of the provisions
of this Act or any rule made thereunder, be deemed to be a public servant within
the meaning of section 21 of the 2[Indian Penal Code (45 of 1860)].
22. Power to remove difficulties.––(1) If any difficulty arises in giving effect
to the provisions of the Act, the Government may, by order published in the
3[Official Gazette], make such provisions not inconsistent with the provisions of
the Act, as may appear to be necessary for removing the difficulty :
Provided that no order shall be made under this section after the expiry of
two years from the date of commencement of the Act.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of the State Legislature.
23. Rewards.–– Any person or persons giving such bonafide information as
shall lead to a conviction under the Act shall be entitled to a reward which may at
the discretion of the Judicial Magistrate trying the case extend to the full amount
of the fine inflicted.
24. Prohibition as to sale or barter of fish unlawfully taken.––(1) The
Government may by notification in the 3[Official Gazette] prohibit generally or for
any specified areas, the offering or exposing for sale or barter of any fish the taking
of which has been made unlawful by the provisions of this Act or any rule made
thereunder.
1. Word “State” omitted by S.O. 1229 (E) dated 31.03.2020.
2. Substituted ibid for “Ranbir Penal Code, Samvat 1989”.
3. Substituted ibid for “Government Gazette”.
FISHERIES ACT, 2018 173
(2) The burden of proving that any fish offered or exposed for sale or barter
is not offered or exposed for sale or barter in contravention of this section shall be
on the person offering or exposing for sale or barter such fish.
25. Power to make rules for regulation of sale or barter of fish.––(1)
Notwithstanding anything contrary contained in this Act, the Government may
make rules for grant of license for establishing Fishing Markets in any market areas
as may be prescribed in this behalf.
(2) In making rules under this section, the Government may provide for––
(i) declaring any market area as special fish market after consideration of
factors conducive for sale or barter of fish ;
(ii) the manner in which fish venders may sell or barter their fish directly
to the consumers in such markets after paying such fee to such person
establishing such fish market ; and
(iii) establishment of separate market committees for effective
implementation of provisions of this Act.
26. Prohibition as to night fishing.–– Whoever though having been granted
a licence under this Act, fishes or attempts to fish in any trout waters, reserved
waters and protected waters between the hours of sunset and sunrise shall be
liable to be punished with imprisonment for a term which may extend to three
months or with fine which may extend to rupees five thousand or both.
27. Power of arrest.––(1) When any person who, in the presence of an
officer duly appointed in this behalf under the provisions of this Act and the rules
framed thereunder, commits or attempts to commit or has been accused of
committing any offence under this Act, refuses, on demand by such officer to give
his name and address, or gives his name or address which such officer has reason
to believe to be false, he may be arrested by such officer. The officer making such
arrest may seize all fishing  implements and other articles intended to be used in
connection with the commission of such offences in possession of the person
arrested and shall prepare a list of such articles.
(2) When the true name and residence of such person have been ascertained,
he shall be released on his executing a bond, with or without sureties, to appear
before a Judicial Magistrate, if so required, provided that if such person is not
resident in the State territories, the bond shall be secured by a surety or sureties
resident in State territories.
174 FISHERIES ACT, 2018
(3) When the true name and residence of such person is not ascertained
within 24 hours from the time of arrest, or such person fails to execute the bond, or
if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the
nearest Judicial Magistrate having jurisdiction.
28. Power of search and seizure.–– Any officer authorised by the Government
in this behalf having reasonable grounds to believe that any fishing activity is
carried out in contravention to the provisions of this Act and any fish or fish
product is in possession of a person in any place which has been obtained by
violating the provisions of this Act, may enter such place with the object of carrying
out a search for such product and its seizure :
Provided that such search shall not be conducted otherwise than in
accordance with the provisions of the 1[Code of Criminal Procedure, 1973 (2 of
1974)]
29. Power to make rules.––(1) The Government may by notification in the
2[Official Gazette], make rules for carrying out the objects of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, the Government may make rules for all or any of the
following matters, namely:––
(i) protection of  fish under section 5 ;
(ii) the form in which the application for grant of licence for fishing shall
be made and the particulars and the fees under sub-section (2) of
section 10 ;
(iii) the form in which and the terms and conditions on which the licence
for fishing may be granted under sub-section (4) of section 10 ;
(iv) the rules subject to which the Licencing Officer may vary or amend the
licence under sub-section (2) of section 11 ;
(v) the form in which appeal is to be filed and the fee to be accompanied
with the appeal under section 12 ;
(vi)  regulating of sale or barter of fish under section 25.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure”.
2. Substituted ibid for “Government Gazette”.
FISHERIES ACT, 2018 175
(vii) any other matter which is to be or may be prescribed under this Act.
30. Repeal and Savings.––(1) The Jammu and Kashmir State Fisheries Act,
1960 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken including
any order, rule, notification, notice made or issued under the repealed law shall, in
so far as it is not inconsistent with the provisions of the Act be deemed to have
been done, taken or issued under the corresponding provisions of the Act.
–––––––
176 FISHERIES ACT, 2018

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