section 2
Definitions
The Himachal Pradesh Fisheries Act, 1976General197610 sections
Statutory text
In this Act, unless there is anything repugnant in the subject or context,-
- (a) “fish” includes shell fish and fish in all stages of its life history including acquatic plants of fisheries;
- (b) “fishing craft” means any boat, whether manually operated or powered, used for fishing or transport of fish;
- (c) “fishing gear” means any net, line, rod and lime, fishing tackle and other appliances used for catching fish;
- (d) “fishing offence” means an offence punishable under this Act or under any rule made thereunder;
- (e) “fishery officer” means any person whom the Himachal Pradesh Government or any other officer, empowered by the Himachal Pradesh Government in this behalf, may, from time to time, appoint by name, or as holding an office, to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder: Provided that no police officer below the rank of Sub-Inspector shall be so empowered;
- (f) “fixed engine” means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationary in any other way;
- (g) “private waters” means waters, which are 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 and includes tanks, ponds, artificial lakes etc., excavated at the expense of the owner which have no communication in the rainy season with natural waters such as rivers, streams, canals and jhils; 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;
- (h) State Government” means the Government of Himachal Pradesh;
- (i) “religious water” means waters belonging to a religious body or institution and which have never been fished before on account of any restrictions on religious grounds;
- (j) “religious body” means the trustees or any other persons who are in charge of a religious institution or in whom the ownership of the religious institution vest for the time being; and
- (k) “religious institution” means a temple, a mosque, or a church, any other shrine dedicated to any God or Goddess, and such other institutions as the State Government may by notification in the Official Gazette declare in that behalf.
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