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    The Indian Fisheries Act, 1897

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    papirani
    The Indian Fisheries Act of 1897 provides rules and regulations regarding fishing in India. It prohibits the use of explosives and poisons to catch or destroy fish. It allows state governments to make rules protecting fish populations in selected waters, including regulating fishing equipment and prohibiting fishing for periods of up to two years. The Act also allows for arrest without a warrant for offenses under the Act, such as those prohibited under sections 4 and 5 or violations of rules under section 6.

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    The Indian Fisheries Act, 1897

    Uploaded by

    papirani
    73 views6 pages
    The Indian Fisheries Act of 1897 provides rules and regulations regarding fishing in India. It prohibits the use of explosives and poisons to catch or destroy fish. It allows state governments to make rules protecting fish populations in selected waters, including regulating fishing equipment and prohibiting fishing for periods of up to two years. The Act also allows for arrest without a warrant for offenses under the Act, such as those prohibited under sections 4 and 5 or violations of rules under section 6.

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    The Indian Fisheries Act of 1897 provides rules and regulations regarding fishing in India. It prohibits the use of explosives and poisons to catch or destroy fish. It allows state governments to make rules protecting fish populations in selected waters, including regulating fishing equipment and prohibiting fishing for periods of up to two years. The Act also allows for arrest without a warrant for offenses under the Act, such as those prohibited under sections 4 and 5 or violations of rules under section 6.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    73 views6 pages

    The Indian Fisheries Act, 1897

    Uploaded by

    papirani
    The Indian Fisheries Act of 1897 provides rules and regulations regarding fishing in India. It prohibits the use of explosives and poisons to catch or destroy fish. It allows state governments to make rules protecting fish populations in selected waters, including regulating fishing equipment and prohibiting fishing for periods of up to two years. The Act also allows for arrest without a warrant for offenses under the Act, such as those prohibited under sections 4 and 5 or violations of rules under section 6.

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    © All Rights Reserved
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    of 6

    THE INDIAN FISHERIES ACT, 1897

    ACT NO.4 OF 1897 1*

    [4th February, 1897.]

    An Act to provide for certain matters relating to Fisheries 2***.

    WHEREAS it is expedient to provide for certain matters relating


    to fisheries 2***;

    It is hereby enacted as follows:--

    1.

    Title and extent.

    1. Title and extent. (1) This Act may be called the Indian
    Fisheries Act, 1897.

    (2) It extends to the whole ofIndia except 3*[the territories


    which, immediately before the 1st November, 1956, were comprised in
    PartB States] 4***; 5***.

    5* * * * *

    Act to be read as supplemental to other Fisheries Laws.

    2. Act to be read as supplemental to other Fisheries Laws.


    Subject to the provisions of sections 8 and 10 of the 6*General
    Clauses Act, 1887 (1 of 1887), this Act shall be read as supplemental
    to any other enactment 7* for the time being in force relating to
    fisheries in 8*[the territories to which this Act extends] 4***.
    Definitions.

    3. Definitions. In this Act, unless there is anything repugnant


    in the subject or context,--

    (1) "fish" includes shell-fish;

    Extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962,


    s. 3 & Sch. The Act comes into force in Pondicherry on 1.10.1963 vide
    Reg. 7 of 1963, s. 3 and Sch.

    Extended to Laccadive, Minicoy and Amindivi islands (w.e.f.


    1-101967): vide Reg. 8 of 1965, s. 3 & Sch. Madhya Pradesh by the
    CP. and Berar Fisheries Act, 1948 (C.P. and B. Act 8 of 1948).

    Repealed in its application to Ballery District by Mysore Act 14 of 1955.

    Amendmend in Andhra Pradesh by A. P. Act 5 of 1961.

    Repealed in Bombay area by Maharashtra Act 1 of 1961.

    Amendmend in Pondicherry by Pondy. Act 18 of 1965.

    1. This Act has been rep. in Madhya Pradesh by the C. P. and Berar
    Fisheries Act, 1948 (C. P. and B. Act 8 of 1948).

    2. The words "in the Provinces" omitted by the A. O. 1950.


    3. Subs. by the Adaptation of Laws (No.2) Order, 1956, for "Part B
    States".
    4. The words "except Burma" rep. by theA. O. 1937.
    5. The word "and" at the end of sub-section (2), and sub-section
    (3), rep. by Act 10 of 1914, s. 3 and Sch. II.
    6. See now ss. 4 and 26 of the General Clauses Act, 1897 (10 of
    1897).
    7. For law relating to Fisheries in--

    (1) Assam, see the Assam Land and Revenue Regulation, 1886 (1 of
    1886),ss.16andI55;
    (2) Bengal and Assam (Private Fisheries), see the Private
    Fisheries Protection Act, 1889 (Ben. 2 of 1889);
    (3) Nilgiris District, as to acclimatised fish, see the Nilgiris
    Game and Fish Preservation Act, 1879 (Mad. 2 of 1879);
    (4) Punjab, see the Punjab Fisheries Act, 1914 (Pun. 2 of 1914).

    8. Subs. by the Adaptation of Laws (No.2) Order, 1956, for "a Part
    A State or a Part eState".

    (2) "fixed engine" means any net, cage, trap or other


    contrivance for taking fish, fixed in the soil or made
    stationary in any other way; and

    (3) "private water" means water which is the exclusive


    property of any person or in which any person has for
    the time being an exclusive right of fishery 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
    fishery therein.

    4.

    Destruction of fish by explosives in inland waters and on coasts.

    4. Destruction of fish by explosives in inland waters and on


    coasts. (1) If any person uses any dynamite or other explosive
    substance in any water with intent thereby to catch or destroy any of
    the fish that may be therein, he shall be punishable with imprisonment
    for a term which may extend to two months, or with fine which may
    extend to two hundred rupees.

    (2) In sub-section (1) the word "water" includes the sea within a
    distance of one marine league of the sea-coast; and an offence
    committed under that sub-section in such sea may be tried, punished
    and in all respects dealt with as if it had been committed on the land
    abutting on such coast.
    Destruction of fish by poisoning of waters.

    5. Destruction of fish by poisoning of waters. (1) If any person


    puts any poison, lime or noxious material into any water with intent
    thereby to catch or destroy any fish, he shall be punishable with
    imprisonment for a term which may extend to two months, or with fine
    which may extend to two hundred rupees.

    (2) The State Government may, by notification in the Official


    Gazette, suspend the operation of this section in any specified area,
    and may in like manner modify or cancel any such notification.

    6.

    Protection of fish in selected waters by rules of State Government.

    6. Protection of fish in selected waters by rules of State


    Government. (1) The State Government may make rules 1* for the
    purposes hereinafter in this section mentioned, and may by
    notification in the Official Gazette apply all or any of such rules to
    such waters, not being private waters, as the State Government may
    specify in the said notification.

    (2) The State Government may also, by like notification, apply


    such rules or any of them to any private water with 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 prohibit or regulate all or any of the


    following matters, that is to say:-

    (a) the erection and use of fixed engines;

    1. For rules under s. 6, see different local Rules and Orders.

    (b) the construction of weirs; and

    (c) the dimension and kind of the nets to be used and the
    modes of using them.
    (4) Such rules may also prohibit all fishing in any specified
    water for a period not exceeding two years.

    (5) In making any rule under this section the State Government
    may--

    (a) Direct that a breach of it shall be punishable with


    fine which may extend to one hundred rupees, and, when
    the breach is a continuing breach, with a further fine
    which may extend to ten rupees for every day after the
    date of the first conviction during which the breach is
    proved to have been persisted in; and

    (b) provide for--

    (i) the seizure, forfeiture and removal of


    fixed engines, erected or used, or nets used, in
    contravention of the rule, and

    (ii) the forfeiture of any fish taken by


    means of any such fixed engine or net.

    (6) The power to make rules under this section is subject to the
    condition that they shall be made after previous publication.

    7.

    Arrest without warrant for offences under this Act.

    7. Arrest without warrant for offences under this Act. (1) Any
    police-officer, or other person 1*specially empowered by the State
    Government in this behalf, either by name or as holding any office,
    for the time being, may, without an order from a Magistrate and
    without warrant, arrest any person committing in his view any offence
    punishable under section 4 or 5 or under any rule under section 6--

    (a) if the name and address of the person are unknown to


    him, and

    (b) 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 for bringing him before a Magistrate, except under
    the order of a Magistrate for his detention.

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