The united provinces fisheries act, 1948

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THE UNITED PROVINCES FISHERIES ACT, 19481 
[U. P. Act No. XLV of 1948] 
 
 
[Passed by the United Provinces Legislative  Assembly on October 22, 1948, a nd 
by the United Provinces Legislative Council on November 8, 1948.]  
 
[Received the assent of the  Governor on December 20, 1948 under section 75 of 
the Gove rnment of India Act, 1935, as adapte d by t he India (Provisional Constitu tion) 
Order, 1947, and was published in the United Provinces Gazette, dated January 1, 1949.]  
 
AN 
ACT 
 
Preamble --  to provide for certain matters relating to fisheries in Uttar Pradesh. 
  WHEREAS it is expedient to provide for certain matters relating  to fisheries in 
Uttar Pradesh.  
It is hereby enacted as follows : 
 
Short title,  
extent and  
commencement 
1. (1)   This Act may be called the United Provinces Fisheries Act, 1948.  
(2)   It extends to the whole of the Uttar Pradesh.  
(3)  This section shall come into force at once and the remaining sections will 
come into force on such date, for such p eriod and in such areas as the St ate 
Government may, by notificat ions2 in the official Gazette specify in this 
behalf.  
 
Definitions  2. In this Act unless there in anything repugnant in the subject or context:---- 
(i) "fish" includes fish, turtles, dolphins, acquatic plants of fisheries, 
whale and fish in all stages in its life history;  
(ii) “fishery officer” means any person appointed by the provincial 
Government to carry out al or any of the purposes of this Act or to do 
anything required by this Act or any rule made thereunder provided tha t no 
police officer below the rank of a sub-inspector shall be so appointed; 
(iii) "fishing offence" means an offence punishable under the provisions 
of the Act;  
(iv) "fixed engine" means any net, cage, fishing fence ( baryri), 
anchored long line, trap or other contrivance for taking fish, fixed in the soil 
or made stationary in any other way ;  
 
 
 
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1.   For Statement of Objects and Reasons, see U. P. Gazette, da ted July 7, 1948, part 
VII.  
 
2.   Notification no. 3920/XII-E-3-21(6)-73 (565), dated December 20,1974.  
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[The United Provinces Fisheries Act, 1948]      [Section 3] 
 
  (v) "private waters" means waters wh ich are the exclusive property of 
any person or religious body or institution or in which any person or religious 
body or  institution has for the time being an exclusive right of fish ery, 
whether as owner, lessee or in any other capacity, and incl udes tanks, ponds, 
artificial lakes, etc., excavated at the expense of the owner which have no 
communication in the rainy seasons with natural waters, such as river s, 
canals, streams and jhils. 
Explanation-Water shall  not cease to be "private water s" within the 
meaning of this definiti on if any other person has by usage or custom a right 
of fishery therein;  
(vi) "State Government” means the Government of Uttar Pradesh;  
(vii) "religious institution" means a temple, a mosque or a church, any 
other shrine dedicat ed to any god or goddess, and such other institutions ' as 
the State Government may by notification in the Gazett e declare in  that 
behalf;  
(viii) "religious body" means the trustees or a ny other persons who are 
in charge of a rel igious institution or in whom the ownership of the religious 
institution vests for the time being;  
(ix) "religious waters" means waters  belonging to a rel igious body or 
institution and which have never been fished before on account of any 
restrictions on religious grounds. 
 
Prohibition and  
licensing of  
fishing in  
selected waters  
by rules  
3. (1) The [State , Government]1 may make rules for the pur poses mentioned 
hereinafter in this section and shall under such rules declare the waters to 
which all or any of them shall apply.  
(2)  The [State Government] 1 may, by notification in  the official Gazette apply  
such rules or any of them to any private waters with the consent in writing of 
the owner thereof and of all other  persons having for the time being any 
exclusive right to fishery therein or if the [State Government]1 is satisfied that 
the consent is unreasonably withheld without such consent : 
  Provided that no; rules made under this section shall apply to any 
religious waters.  
(3)   Such rules may-  
(a) prohibit or regulate all or any of the following matters, that is to say-  
(i) the section and use of fixed engines ;  
(ii) the construction, temporary or permanent, of weirs, dams and 
bunds ; and  
(iii) the dimension and kind of nets and size of mesh  or any other 
fish contrivance to be used and mode of using them;  
 
 
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1.   Subs. by A. O. 1950 for (Provincial Government).  
22 
 
[The United Provinces Fisheries Act, 1948]      [Section 4] 
 
  (b) prohibit the destruction of, or attempt to destor y fish by gun, spear, 
bow and arrow or like instrument, poisoning waters or pollution of waters by 
trade effluents ;  
(c) prohibit the capture of or attempt to  capture or kill breeding fish in 
Roe and Milt except Hilsa;  
(d) prohibit fishing except under licence or regulate the granting of such 
licences. the charges of fees therefor and the conditions to be inserted therein ;  
(e) prescribe seasons in which the killing or catching or sale of any 
spawn, young or adult fish, of any prescribed species shall be prohibited ;  
(f) prescribe a minimum size or weight below which no fish of any 
prescribed species shall be killed or sold ;  
(g) prohibit fishing in any specified water for specified period ;  
(h) regulate the export of fish outside any area or areas and  price at 
which fish may be brought or sold in specified markets of all or any specified 
species;  
(i) require the owner, mortgagee with possession or lessee of any tank 
or jhil for the stocking of such tanks or jhil with any class or classes of fish;  
(j) prescribe the formation of association or societies and the collection 
of funds for the uplift of fishermen and promotion of the fishing industry.  
(4)   In making any rules under this section the [State Govern ment]1 may provide 
for:  
(a) the seizure, rem oval and forfeiture of any apparatus erected or used 
for fishing in contravention of the rules;  
(b) the forfeiture of any fish taken by means of any such apparatus; and  
(c) the confiscation of any consignment offish held or transported in 
contravention of the rules.  
(5)   The power to make rules under this section shall be subject to the condition of 
the rules being made after previous publication. 
 
 
Power to  
prohibit sale 
of fish  
4. The [State Government] 1 may by notification in the official Gazette prohibit 
in such area or areas as may be specified in that behalf the offering or 
exposing for sale or barter of any fish killed in contravention of any rule made 
under sub-section (3) of section 3.  
 
 
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1.   Subs. by A. O. 1950 for (Provincial Government).  
23 
 
[The United Provinces Fisheries Act, 1948]      [Section 5-7] 
 
Penalties  5. The breach of any rules m ade under section 3 or of any prohibition notified 
under section 4 shall be punished:  
(1)  on first conviction with imprisonment of either description for a term which 
may extend to two months or with fine which may extend to two hun dred 
rupees or with both; and  
(2)  on every subsequent conviction, with im prisonment of either description for a 
term which may extend to twelve months or with fine which may extend t o 
five hundred rupees or with both.  
 
Arrest without  
warrant for  
offences under  
the Act 
 
 
 
 
 
 
 
 
 
 
 
Act V of 1898 
6. (1)   Any Fishery Officer, Police Officer not below the, rank of a Sub -Inspector, or 
any other pers on specially empowered by the [State Government] 1 in this 
behalf may arrest wi thout warrant any person committing or attempting t o 
commit, in his view a fishing offence --  
(a) if the name and address of the person are not known to him; and  
(b) it 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 unti l 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 befo re a Magistrate, except under the order of a 
Magistrate for his detention.  
(3) Every Fisher y Officer shall have all the same powers of search and 
investigation relating to a fishing offence as a Police Officer  of the rank of a 
Sub-Inspector has under the Code of Criminal Procedure, 1898.  
 
 
Jurisdiction 
inferior to that  
of Magistrate  
of the second  
class excluded  
7. (1)  No court inferior to that of a Magistrate of the second class shall try any 
offence under this Act.  
 
(2)  No court shall take cognizan ce of any offence under this Act, exception the 
complaint of  a fishery Officer or of a Pol ice Officer not below the rank of 
Sub-Inspector or of any other person or class of persons autho rized by the 
[State Government]1 in this behalf.  
 
 
 
 
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1.   Subs. by A. O. 1950 for (Provincial Government).  
24 
 
[The United Provinces Fisheries Act, 1948]       [Section 8- Schedule] 
 
Power to  
compound 
certain offences  
8. (1) The [State Government] 1 may, by notification in the Gazette, empower a, 
Fishery Officer by name or by virtue of office----  
(a) to accept from any person concerning whom evidence exists, which 
if unrebutted, woul d prove that he has committed any fishing, offence as 
described in the first column of the  schedule a sum of money by way of 
compensation for the o ffence with regard to  which such evide nce exists and 
on the payment of such sum to such officer such person, if in custody, shall be 
released and no further proceedings shall be taken against him;  
(b) to release any property that has been seiz ed as liable to confiscation 
without further payment or on payment of the value the reof as estimated by 
such officer and on the payment  of such value such property sha ll be released 
and no further proceedings shall be taken in respect thereof.  
(2) The sum  of money accepted as compensation under clause (a) of sub -section 
(1) shall in no case ex ceed the amount acceptable as compensation in the 
second column of the schedule for the particular offence described in the first 
column thereof.  
 
 THE SCHEDULE 
[See section 8] 
Maximum amounts acceptab le, as compensation for certain  fishing 
offences under section 8 -- 
 
Description of offence Maximum amount acceptable 
as compensation 
1 2 
 Rs. 
1. Fishing with a net having smaller mesh 
than that prescribed under the rul es 
made, under the Act; 
2. Fishing without a licence  
3. Killing or catching or selling or 
attempting to kill, catch or sell fish of a 
size or weight less than the standard 
prescribed under this Act. 
4.  Killing or catching or selling or 
attempting to kill, catch o r sell any fish 
of a prohibited species during a close 
season; 
Rupees one hundred, 
 
Ditto. 
Rupees fifty. 
 
 
Ditto. 
 
 
 
 
 
 
1- Subs. by A.O. 1950 for (provincial Government). 
25 
 
[The United Provinces Fisheries Act, 1948]      [Schedule] 
 
 
 
Description of offence Maximum amount acceptable 
as compensation 
1 2 
 
5. Fishing or attempting to fish, with any 
gear or method other than that permitted 
under the rule, 
6. Licence holders e mploying or engaging 
non-licensees to help them with their 
nets while fishing.  
7. Fishing or att empting t o fish in 
prohibited water  
8. 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.  
9. Selling or attempting to sell fish for 
price above the specified market value.  
10. Exporting or attempt ing to export 
fish in contraven tion of any rule made 
under clause (h) of sub -section (3) of      
section 3. 
Rs.  
Ditto. 
 
Rupees fifty. 
 
 
Ditto. 
 
 
-Ditto. 
 
-Ditto. 
 
-Ditto. 
 
 
 
 
 
 
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