LexThe Rajasthan Fisheries Act,1953
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE RAJASTHAN FISHERIES ACT, 1953
(Act No. XVI of 1953)
C O N T E N T S
1. Short title, extent and commencement.
2. Interpretation.
3. Destruction of fish by explosives.
4. Destruction of fish by poisoning.
5. Power to make rules.
6. Prohibition of fishing except under license.
7. Power to prohibit sale of fish.
8. Penalties.
9. Arrest without warrant for offence under the
Act.
10. Jurisdiction.
11. Power to compound offences.
12. Officers to be deemed public servants.
13. Indemnity.
14. Repeal. (Omitted).
THE SCHEDULE
_ _ _ _ _ _ _ _ _ _
First published in Rajasthan Raj-Patra No. 83. Part IV-A,
dated the 12th September, 1953
LAW DEPARTMENT,
NOTIFICATION
Jaipur, August 19, 1953.
No. F. 12 (3) -L/53.-The following Act of the Rajasthan State Legislature
has received the assent of His Highness the Rajpramukh on the 12th day of
August, 1953 and is hereby published for general information :-
THE RAJASTHAN FISHERIES ACT, 1953
(Act No. XVI of 1953)
[Received the assent of His Highness the Rajpramukh on the 12th day of August.
1953.]
As amended subsequently by :-
1. Raj. Act No. 27 of 1957 :
2. Raj. Act No. 15 of 1961.
An Act to provide for the protection, conservation and development of Fisheries
in 1[the State of Rajasthan] and other ancillary matters.
Whereas it is expedient to provide for the protection, conservation and
development of fisheries in 2[the State of Rajasthan] and for other ancillary matters :
Be it enacted by the Rajasthan State Legislature as follows :-
1. Short title and commencemen t. (1) This Act may be called the Rajasthan
Fisheries Act, 1953.
(2) 3[It extends to the whole of the State of Rajasthan].
(3) It shall come into force at once.
_ _ _ _ _ _ _ _ _ _ _ _ _ 1. Subs. by Raj. Act 27 of 1957. 2. Subs. by Raj. Act 27 of 1957. 3. Subs. by Raj. Act 27 of 1957.
2. Interpretation. (1) In this Act. unless there is anything repugnant in the
subject or context :-
(i) “Fish” Includes shell fish ;
(ii) “Fishery Officer” means such officer as the State Government
may from time to ti me appoint for all or any of the purposes of
this Act or to do anything required by this Act or any rule made
there under to be done by a Fishery Officer :
(iii) “Fishing offence” means an offence punishable under this Act;
(iv) “Fixed Engine” means any net cage, tra p or other contrivance for
taking fish, fixed in the soil or made stationary in any other way :
(v) “Prescribed” means prescribed by rules mad under this Act ;
(vi) “Private Water” means water –
(a) which is the exclusive property of any person : or
(b) right of fishery wh ether as owner, lessee or in any other
capacity.
Explanation.- Water shall not case to be “private water” within the meaning of
this definition by reason only that other persons may have by custom a
right of fishery therein.
(vii) 1[x x x]
(2) 2[x x x]
3. Destruction of fish by exploslves. No person shall use any dynamite
or other explosive substances in any water with intent thereby to catch or destroy any of
the fish that may be therein.
4. Destruction of fish by poisoning.-(1) No person shall put any poison,
lime or noxious material into any water with intent thereby to catch or destroy any fish.
(2) The State Government may by notification in the 3[Official Gazette]. suspend
the operation of this section in any specified area. and may in like manner m odify or
cancel any such notification.
5. Power to make rules. (1) The State Government may, after previous
publication, make rules for the purposes hereinafter in this section mentioned and may
in such rules declare the waters, not being privat e waters to which all or any of them
shall apply.
(2) The State Government may also. by notification in the 4[Official
Gazette], apply such rules or any of them to any private waters with
_ _ _ _ _ _ _ _ _ _ _ _ _ 1. Omitted by Raj. Act 27 of 1957. 2. Omitted by Raj. Act 27 of 1957. 3. Subs. by Raj. Act 27 of 1957. 4. Subs. by Raj. Act 27 of 1957.
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 or regulate all or any of the following matters, that is to say –
(i) the erection and use of fixed engines ;
(ii) the construction, temporary or permanent, of weirs, dams and bunds;
(iii) the dimensions and kinds of the nets to be used and the modes of
using them;
(iv) the methods of catching fish;
(b) prohibit, the destruction of, or any attempt to destroy fish by guns, bows,
arrows and the like;
(c) prohibit the destruction of, or any attempt to destroy fish by using any
substance likely to cause pollution of water;
(d) prohibit the throwing into any water of any solid or liquid substances harmful
to fish;
(e) regulate the grant of 1[fishing licences] the fees payable therefor and the
conditions to be inserted therein;
(f) prescribe the seasons in which the killing catching or sale of fish of any
prescribed species shall be prohibited; and
(g) prescribe he minimum size or weight below which no fish of any prescribed
species shall be killed or sold.
(4) Such rules may also prohibit all fishing in any specified water for a s pecified
period.
(5) In making any rule under this section the State Government may provide for :-
(a) the seizure, removal and forfeiture of any fixed engine or apparatus
erected or used for fishing in contravention of the rules: and
(b) the forfeiture of any fish taken by means of any such fixed engine or
apparatus.
_ _ _ _ _ _ _ _ _ _ _ _ _ 1. Subs. by Raj. Act 15 of 1964.
6. Prohibition of fishing except under licence. - No fishing shall be
allowed except under licence obtainable from such o fficer or person as may be
authorised in that behalf by the State Government.
7. Power to prohibit sale of fish. - The State Government may by
notification in the 1[Official Gazette] prohibit in any specified areas the offerings
or exposing for sale or barter of any fish.
8. Penalties.-(1) If any person contravenes any provision of this Act or of the
rules or orders made or notifications issued thereunder, he shall on conviction be
punishable with imprisonment for a term which may extend to three month s or with fine
which may extend to five hundred rupees or with both.
(2) Whoever, having once been convicted of a fishing offence, is again
convicted of the same or any other fishing offence shall for every subsequent offence
be punishable on conviction with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with both.
9. Arrest without warrant for offence under the Act. -(1) Any Police
Officer or other person specially empowered by the State Government in this behalf
may, without warrant, arrest any person committing or attempting to commit a fishing
offence 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 which shall not exceed twenty-four hours in any case for bringing him before
a magistrate except under an order of the magistrate for his detention.
10. Jurisdiction .-(1) No Court inferior to that of a Magistrate of the First
Class shall try any offence under this Act.
(2) No Court shall take cognizance of any offence under
this Act except on a report in writing of the facts constituting such
offence made by a Fishery Officer or a Police Officer not below the rank of a Sub -
Inspector or any other per son or class of persons authorised by the State Government
in this behalf.
_ _ _ _ _ _ _ _ _ _ _ _ _ 1. Subs. by Raj. Act 27 of 1957.
11. Power to compound offences. –(1) Any offence specified in the
Schedule may be compounded by 1[such officer or authority as may be empowered by
the State Government in this behalf] by acceptance of a sum not exceeding one
hundred rupees.
(2) On composition of an offence, the accused shall be discharged any property
seized from his possession shall be released.
12. Office to be deemed public servants. -All persons empowered
to exercise powers and perform duties under this Act shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal
Code, 1860.
13. Indemnity.-No suit, prosecution or other legal proceedings shall
lie against any person for anything which is in good faith done or intended
to be done under this Act.
14. Repeal. 1[x x x]
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1. Subs. by Raj. Act 15 of 1964.
THE SCHEDULE
Offences compoundable under section 11
Description
1. Fishing with a net having a smaller mesh than that prescribed under the
rules made under this Act.
2. Fishing without a licence.
3. Selling or attempting to sell fish of a size or we ight less than the
standard prescribed under this Act.
4. Killing or catching or selling or attempting to kill, catch or sell any fish of
a prohibited species during a close season.
5. Fishing or attempting to fish with any gear or method other than the
prescribed gear or method.
6. Using at any one time more than one method of catching fish when
prohibited under the rules made under this Act.
7. Licence holder employing or engaging non -licensees to help him with
their nets while fishing.
8. Fishing or attempting to fish in prohibited waters.
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 7.
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_ _ _ _ _ _ _ _ _ _ _ _ _ 1. Omitted by Raj. Act 27 of 1957.