The West Bengal Inland Fisheries Act, 1984

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXV of 1984 
THE WEST BENGAL INLAND FISHERIES 
ACT, 1984. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 14th September, 1984.] 
[14th September, 1984.] 
An Act to provide for the conservation, development, propagation, 
protection, exploitation and disposal of inland fish and fisheries in 
West Bengal and formatters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the conservation, development, 
propagation, protection, exploitation and disposal of inland fish and 
fisheries in West Bengal and for matters connected therewith or incidental 
thereto; 
AND WHEREAS previous sanction of the President under the proviso to 
clause (b) of article 304 of the Constitution of India has been obtained; 
It is hereby enacted in the Thirty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Inland Fisheries Act, 
1984. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may by notification appoint, and different dates may be appointed for 
different provisions of this Act. 
Short title, 
extent and 
commence-
ment. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(i) "company" means a domestic company or a foreign 
company. 
Explanation I.—"Domestic company" means a company 
1 of 1956. 	 formed and registered under the Companies Act, 1956, 
and includes a company formed and registered under any 
law relating to companies formerly in force in any part of 
India: 
177 
The West Bengal Inland Fisheries Act, 1984. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 2.) 
Provided that the registered office of the company is in 
India. 
Explanation H.—"Foreign company" means a foreign 
company within the meaning of section 591 of the 
Companies Act, 1956, and includes any foreign association, 1 of 1956. 
whether incorporated or not, which the Central 
Government may, by general or special order, declare to 
be a foreign company for the purposes of this Act; 
(ii) "competent authority" means any person or authority 
authorised by the State Government by notification to 
perform the functions of the competent authority under 
this Act; 
(iii) "firm" has the same meaning as in the Indian Partnership 9 of 1932. 
Act, 1932; 
(iv) "fish" includes aquatic plants and animals in any stage of 
their life cycle; 
(v) "fisherman" means a person who is by caste or by 
profession a fisherman and is mainly engaged in culture 
or capture of fish; 
• (vi) "fishery" means any activity or occupation connected with 
conservation, development, propagation, protection, 
exploitation or disposal of fish and fish products, or any 
place or water area where such activity or occupation is 
carried on, and includes a tank fishery. 
Explanation. —"Tank fishery" shall have the same 
meaning as in the West Bengal Estates Acquisition Act, 
1953; 
(vii) "fixed engine" includes a net, cage, fishing-fence, anchor, 
trap or contrivance for taking fish, fixed in the soil or made 
stationary in any other way; 
(viii) "Hindu undivided family" has the same meaning as in the 
Bengal Agricultural Income-tax Act, 1944; 
(ix) "multi-ownership tank" means a reservoir for water, held 
by two or more persons by way of ownership, lease, 
mortgage or otherwise; 
(x) "notification" means a notification published in the Official 
Gazette; 
(xi) "person" includes a Hindu undivided family, company, 
firm, institution (by whatever name called), fish production 
group, Gram Panchayat, Panchayat Samiti, Zilla Parishad, 
co-operative society or other association of persons; 
West Ben. 
Act I of 
1954. 
Ben. Act IV 
of 1944. 
178 
The West Bengal Inland Fisheries Act, 1984. 
XXV of 1984.] 
(Chapter 11.—Conservation and propagation.—Sections 3-6.) 
(xiii) "public purpose" means any purpose having, or being 
connected with, any of the following objects:— 
(a) the improvement or development of fishery, 
(b) the supply of fish to consumers from fishery, 
(c) any other object ancillary or incidental to the object 
referred to in sub-clause (a) or sub-clause (b). 
CHAPTER II 
Conservation and propagation 
3. (1) The State Government may, for the purpose of conservation Conserva-
and and propagation of fish, by notification restrict, for any specified area tio 
propagation 
and for a specified period, fishing of specified size, group or species of offish. 
fish, and may by rules regulate the conservation and propagation of fish 
including the following:— 
(i) the erection or use of fixed engine; 
(ii) the construction, temporary or permanent, of any weir, dam 
or bundh; 
(iii) the dimension and kind of any net or size of any mesh or 
any other fishing contrivance, and the mode of using them. 
(2) No person shall construct any dam, barrage, bundh or barrier of 
any kind whatsoever on a flowing river without making provision for 
fish-pass or fish-ladder of such description and in such manner as may 
be directed by the competent authority. 
4. No person shall, without obtaining permission from the competent 
authority, catch fish by angling in such area as the State Government 
may by notification specify. 
5. If any person uses any dynamite or other explosive substance or 
puts any poison, lime or noxious material in any fishery or other water 
area with intent to catch or destroy any fish therein, he shall be punished 
with imprisonment for a term which may extend to six months, or with 
fine which may extend to two thousand rupees, or with both. 
6. (1) No person shall discharge into any flowing water or any 
confined water area any industrial waste, sewage or other polluting 
substance that may affect the health or life of fish or cause destruction of 
fish, or act in contravention of any rules regulating the protection of 
fish. 
179 
Anglin in 
specified 
area. 
Destruction 
of fish by 
explosive 
substance or 
poisoning. 
Protection 
offish. 
The West Bengal Inland Fisheries Act, 1984. 
[West Ben. Act 
(Chapter 111.—Management.----Sections 7, 8.) 
(2) Any person causing pollution of any flowing water or any confined 
water area in contravention of the provisions of sub-section (1) shall be 
directed by the State Government for the prevention of such pollution 
within a specified time, failing which the State Government shall take 
such measures as it may think fit for the prevention of such pollution, 
and the entire cost in this behalf or any part thereof shall be recovered 
from such person. 
(3) Without prejudice to the provisions of the foregoing sub-section, 
any person causing pollution of any flowing water or any confined water 
area may also be prosecuted and shall, on conviction, be punished with 
imprisonment for a term which may extend to six months, or with fine 
which may extend to ten thousand rupees, or with both. 
CHAPTER III 
Management 
Breed fish 
manage-
ment. 
Proper 
utilization 
of multi-
ownership 
or other 
tanks for 
pisciculture. 
7. The State Government may prescribe by rules the minimum age, 
length and weight of fish that shall be used for induced breeding for any 
purpose other than scientific research. 
8. (1) If the competent authority, on receipt of an information or 
on his own motion or otherwise, is satisfied that a multi-ownership tank 
is not utilized in accordance with the prevailing norms of pisciculture 
and that it is necessary for any public purpose so to do, he may, after 
giving one month's notice to the owner and the possessor of such tank, 
by order in writing take over the management and control of such tank. 
(2) The management and control of such tank may be transferred by 
the competent authority to any person for proper utilization of such tank 
in such manner as may be prescribed. 
(3) Every co-sharer or co-owner of a multi-ownership tank shall be 
entitled to receive rent for taking over the management and control of 
such tank by the competent authority at such rate as may be determined 
by that authority in the manner prescribed. 
(4) The management and control of a multi-ownership tank may be 
taken over under sub-section (1) for a period not exceeding 25 years or 
transferred to any person under sub-section (2) for a period not exceeding 
10 years at a time. 
(5) If the person referred to in sub-section (2) fails to utilize the 
multi-ownership tank in accordance with the prevailing norms of 
pisciculture, the competent authority may, after giving notice to such 
180 
The West Bengal Inland Fisheries Act, 1984. 
XXV of 1984.] 
West Ben. 
Act 
)(XXVIII of 
1973. 
(Chapter III.—Management.—Sections 9-13.) 
person, resume the management and control of such tank without payment 
of any rent or compensation to such person; and such tank may thereafter 
be managed by the competent authority or transferred to some other person 
for pisciculture. 
(6) The provisions of this section shall apply, mutatis mutandis, to 
any tank owned or possessed by a single person, or a tank owned by the 
State Government jointly with other person or persons. 
9. (1) The State Government may, for the purpose of making an 
equitable distribution of sewage water for the sewage-fed fisheries, set 
up a committee with such members as may be prescribed. 
(2) The committee shall exercise such powers as may be prescribed. 
10. A cluster of fishermen or other persons or both may, for the 
purpose of efficient production and sale of fish in a collective way, form 
and register a fish production group in such manner as may be prescribed: 
Provided that no person who is a member of any fishermen's 
co-operative society, registered or demmed to be registered under the 
West Bengal Co-operative Societies Act, 1973, shall be a member of a 
fish production group. 
Distribution 
of sewage 
water. 
Fish 
production 
group. 
11. (1) The State Government may, if it thinks fit so to do, build up Building up 
fer a buffer stock of fish for the purpose of ensuring a steady supply to o 
stock
buf 
 and consumers. 	 levy of fish. 
(2) For the purpose mentioned in sub-section (1) the State 
Government may impose a levy on producers and wholesale dealers of 
fish at such scale and in such manner as may be prescribed: 
Provided that such imposition of levy shall come into force in such 
areas and in respect of such species of fish as the State Government may 
by notification specify. 
Explanation.—"producer" shall include a catcher. 
12. No fish or fish product rejected by any authority empowered to 
do so under any law for the time being in force as being unfit for export 
shall be put to sale for human consumption, unless the same has been 
certified by an authority, appointed by the State Government by 
notification, to be fit for such consumption and such authority shall also 
indicate in the certificate the period of validity thereof. 
13. No person shall self fish-spawn without using such standard 
measure as may be specified by the State Government by notification. 
181 
Sale of 
rejected fish. 
Standard 
measure. 
The West Bengal Inland Fisheries Act, 1984. 
[West Ben. Act 
(Chapter IIL—Management.—Sections 14-17.—Chapter IV— 
Miscellaneous.—Section 18.) 
Regulated 
fish-market. 
Fish-market. 
Observance 
of hygienic 
rule by a 
dealer. 
Fishing 
labour. 
Appeal. 
14. Notwithstanding anything to the contrary contained in any other 
law for the time being in force, the State Government may by notification 
declare any area as a fish-market area within which purchase and sale of 
fish shall be regulated in accordance with such rules as may be prescribed. 
15. The owner or lessee of a fish-market wholly or partly meant for 
sale of fish shall ensure such hygienic condition in such market as may 
be prescribed. 
16. (1) Every person ordinarily dealing in fish of any quantity 
exceeding ten kilograms by way of sale, exposing for sale, transportation, 
storage, preservation or processing shall observe such hygienic and 
sanitary conditions as may be prescribed. 
(2) If any person fails to observe any hygienic or sanitary condition 
as provided in the rules referred to in sub-section (1), he shall be punished 
with fine which may extend to ten thousand rupees. 
17. (1) The State Government may make rules regulating the 
payment of wages, either in cash or in kind or in both, the weekly duty 
hours and other terms and conditions of employment of the labour 
employed in fishing activity of any kind. 
(2) Such rules may also provided for the mode of settlement of 
disputes between a fisherman and the labour employed by him. 
CHAPTER IV 
Miscellaneous 
18. (1) An appeal against any order of the competent authority made 
under this Act or the rules made thereunder may be preferred within a 
period of thirty days from the date of communication of the order to the 
person aggrieved by such order: 
Provided that the appellate authority may entertain the appeal after 
the expiry of the said period of thirty days, if he is satisfied that the 
appellant was prevented by sufficient cause from filing the appeal in time. 
(2) An appeal under sub-section (1) shall lie with such officer, not 
below the rank of Deputy Director of Fisheries, as the State Government 
may by notification appoint. 
(3) 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 orders thereon as it deems fit within a period not 
exceeding ninety days from the date of admission of the appeal. 
182 
The West Bengal Inland Fisheries Act, 1984. 
XXV of 1984.] 
(Chapter IV.—Miscellaneous. --Sections 19-23.) 
(4) Every order passed by the appellate authority under this section 
shall be final. 
19. (1) The State Government may by notification make rules for 
carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the matters 
which may be, or are required to be, prescribed. 
20. Whoever commits any offence by— 
(a) contravening any of the provisons of this Act, or 
(b) failing to comply with any direction lawfully given to him 
or any requisition lawfully made to him under this Act, 
shall, except as otherwise provided in this Act, be punished with fine 
which may extend to five thousand rupees. 
21. (1) No suit, prosecution or other legal proceeding shall lie against 
the State Government or any officer or authority for anything which is in 
good faith done or intended to be done under this Act or the rules made 
thereunder. 
(2) No suit or other legal proceeding shall lie against the State 
Government or any officer or authority for any damage caused or likely 
to be caused by anything which is in good faith done or intended to be 
done under this Act or the rules made thereunder. 
Power to 
make rules. 
Penalty. 
Protection of 
action taken 
in good faith. 
22. No court shall take cognizance of any offence punishable under Cognizance 
this Act, save on complaint made by a fishery officer not below the rank of offences. 
of a District Fishery Officer or a police-officer not below the rank of a 
Sub-Inspector. 
23. The Provisions of this Act shall have effect notwithstanding 
anything to the contrary contained in any other law for the time being in 
force or in any contract, express or implied, or in any instrument having 
effect by virtue of any law other than this Act or in any custom or usage. 
Act to 
over-ride 
other laws. 
    
183 

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