The Mizoram Fisheries (Amendment) Act, 2016

The Mizoram GazetteEXTRA ORDINARY
Published by AuthorityRNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
NOTIFICA TION
No. H. 12018/113/2002-LJD, the 12 th  January, 2017. The following Act is hereby published for
general information.
The Mizoram Fisheries (Amendment) Act, 2016
(Act No. 8 of 2016)
{Received the assent of the Governor of Mizoram on the 7th December, 2016}
THE MIZORAM FISHERIES (AMENDMENT) ACT, 2016
AN
ACT
to amend the Mizoram Fisheries Act, 2002 (Act No. 12 of 2005)
It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty-Seventh year of the
Republic of India as follows namely :-
CHAPTER -1
PRELIMINARY
1. Short title 1) This Act may be called the Mizoram Fisheries (Amendment)
Act, 2016.
2. Amendment of Section 1 Sub-sections (2) and (3) of Section 1 of the Principal Act shall be
substituted as follows, namely :-
“(2) It shall extend to the whole of Mizoram [except the areas falling
under the Autonomous District Councils set up under the Sixth Schedule
to the Constitution of India and subject to the provisions contained in
the Mizoram Forest Act, 1955 (Act No.4 of 1955) and Wildlife
Protection Act, 1972 (Central Act No.53 of 1972)].
VOL - XLVI     Aizawl,     Tuesday   17.1.2017     Pausa  27,     S.E.  1938,     Issue No. 10
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(3) It shall come into force from the date of its publication in the
Official Gazette.”
CHAPTER - II
PROTECTION, CONSERV A TION AND DEVELOPMENT OF FISHERIES
3. Amendment of Section 5  :- In section 5 of the Principal Act,
(1) After sub-section (3), a new sub-section (4) shall be added as
follows, namely :-
“(4) Any person who violates the provision in section 5 sub-
section (1), (2) and (3) above shall, on conviction, be punished
with imprisonment of one month which may extend to three
months or a fine not exceeding Rupees Five thousand or both.”
4. Amendment of Section 6  :- In Section 6 of the Principal Act,
(1) In clause (a) of sub-section 1, the word ‘geletin shall be substituted
by the word ‘dynamite’.
(2) In clause (c) of sub-section (1), after ‘or nets; or’ the words ‘use
of any electrical mechanical devices or any kind of trap’ shall
be added and semi colon between ‘nets’ and ‘or’ shall be deleted.
(3) After clause (d), a new clause (e) shall be added as follows :-
“(e) Any of the following acts or commission shall constitute an
offence, namely :-
(i) Wanton killing of fish juveniles, fish brooders and other
organisms which otherwise have economic aesthetic significant
biodiversity effect on the fisheries is prohibited;
(ii) Making any obstruction or restriction which prevent movement
of fish in any form in any Government water bodies shall
be punishable offence;
(iii) Making any diversion of natural waters for killing of fishes
is an offence;
(iv) Disturbing or destroying natural breeding grounds in any
Government water bodies by any means shall be cognizable
offence;
(v) Dumping of wastes or pollution from factory effluents to
any Government water bodies;
(vi) Fishing or killing or sale of fishes from Government water
bodies during closed seasons;
(vii) Catching or sale of fishes from Government water bodies
below the permissible size and weight;
(viii)Culture, seed production, rearing, distribution, marketing and
release to any Government water bodies of fishes banned
by either Central or State Government.
(4) Sub-section (2) shall be substituted by sub-section (2), (3) and
(4) as follows :-
“(2) Any person who violates the provision in sub-section (l)(a) above
shall, on conviction, be punished with one month imprisonment which
may extend upto three months or a fine not exceeding Rupees Five
thousand or both.
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(3) Any person who violates the provision in sub-section (l)(b) above
shall, on conviction, be punished with six months imprisonment which
may extend upto twelve months or a fine of Rupees Ten thousand
which may extend upto Rupees Twenty thousand or both.
(4) Any person who violates the provisions in sub-section (l)(c),(d)
and (e) above shall, on conviction, be punished with fifteen days
imprisonment which may extend upto thirty days or a fine upto Rupees
Two thousand Five hundred or both.”
(5) Sub-section (3) shall be substituted by sub-section (5) as follows :-
“Offences punishable under sub-section (2),(3) and (4) shall be
cognizable and bailable.”
5. Amendment of Section 7 :- In section 7 of the Principal Act, after clause (b), new clauses (c)
and (d) shall be inserted as follows :-
“(c) Any person who violates any prohibitory order issued under
section 7 shall, on conviction, be punished with imprisonment for a
minimum term of seven days which may extend to thirty days or a
fine of Rupees Two thousand five hundred.
(d) Offences punishable under Section 7 shall be cognizable and bailable.”
6. Amendment of Section 8  :- In section 8 of the Principal Act,
(1), In sub-section (1), the words “punishable under section 6 or 7”
shall be substituted by the words ‘punishable’ under section 5 or 6 or 7".
(2) In sub- section (2), the words “this section may be detained
until his name.” shall be substituted by the words “section 5 or 6 or 7
may be detained until his name”.
7. Amendment of Section 10  :- In section 10 of the Principal Act,
(1) In sub-section (1), the words ‘not exceeding one hundred rupees,’
shall be substituted by the words, ‘not less than Rupees One thousand.’
(2) sub-section (2) shall be substituted as follows :-
“On compounding an offence, the accused shall be discharged
and property seized from him/her shall be destroyed or confiscated.”
11. Amendment of Section 11:- In Section 11 of the Principal Act, -
(1) In sub-section (2), after the words, ‘Fishery Demonstration
Farms,’ the words, ‘and Fish Seed Farms’ shall be added.
(2) After sub-section (3), new sub-sections shall be added as follows,
namely :-
“(4) The Government may lease out its Farms to private or Societies
through proper terms and conditions for a maximum period of
five years.
(5) The Government may develop private or society lands for a
certain period of time and develop Fish Seed or Feed
Infrastructures through Public Private Partnership (PPP) mode.
(6) The Government may approve, assist, register and issue
Certificates to Hatcheries, Nurseries and Rearing Units, Fish
Farms and Fish Feed manufacturing units.
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(7) The Government shall have the right/power to check and
examine Nurseries, Rearing Units or any Fish Farms at any
time.
(8) The Government shall have the power to check, confiscate or
destroy any consignment of fish seed and feed which violates
the provisions of this Act.
(9) The Government shall ensure hygienic handling, transportation
and storage of fish and fish products for domestic marketing.
(10) Government shall be responsible for conservation of fish fauna
and replenishment of indigenous and economic variety fishes in
Government water bodies
(11) Whenever major dam is constructed across any major rivers of
Mizoram, the Government shall ensure that passage for fishes
in order to access breeding grounds and for migration is
provided.”
Lalmalsawma,
Chief Secretary,
Govt. of Mizoram.
Aizawl - 796001
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.   C/200

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