section 3
Power to make rules for prohibition and licensing of fishing in selected waters
The Himachal Pradesh Fisheries Act, 1976General197610 sections
Statutory text
- (1) The State Government may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters, not being private waters, to which all or any of them shall apply.
- (2) The State Government 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 persons having for the time being any exclusive right of fishery therein, or, if the State Government is satisfied that the consent is un-reasonably withheld without such consent: Provided that no rules under this section shall apply to any religious waters.
- (3) Such rules may-
- (a) prohibit or regulate all or any of the following matters,-
- (i) the erection and use of fixed engines;
- (ii) the construction, temporary or permanent of weirs, dams and bunds; and killing of fish by diversion of natural waters; and
- (iii) the dimension and kinds of fishing gears to be used and the mode of using them;
- (b) prohibit fishing except under licence and regulate the granting of such licences, the fees payable therefor and the conditions to be inserted therein;
- (c) prohibit the destruction or attempt to destroy fish by gun, spear, bow and arrow or like instrument or pollution of waters by trade effluents.
- (d) prescribe seasons in which the killing or catching or sale of any fish of any prescribed species shall be prohibited;
- (e) prescribe a minimum size or weight below which no fish or any prescribed species shall be caught, killed or sold;
- (f) prohibit fishing in any specified water for specified period;
- (g) regulate the export of fish outside any area or areas and price at which fish may be brought or sold in any specified markets of all or any specified species;
- (h) require to owner, mortgagee with possession or lessee of any tank or jhil for the stocking of such tanks or jhils with any class or classes of fish;
- (i) prescribe the formation of associations or societies and the collection of funds for the uplift of fishermen and promotion of fishing industry;
- (j) regulate the marketing of fish and also purchase and use of fish for preservation or for the manufacture of any fish products;
- (k) regulate the possession of fishing craft and gear within such specified limits as may appear to be necessary; and
- (l) regulate the transport of all fish or of certain species of fish or fish products within specified limits as may appear to be necessary. Such rules may, among other matters,-
- (a) prescribe the routes by which alone fish or fish products may be imported into and exported from the State of Himachal Pradesh,
- (b) prohibit the import, export or transport within specified limits of fish without a pass from a fisheries officer or a person duly authorised to issue the same or otherwise than in accordance with the conditions of each pass,
- (c) prescribe the form of such passes and provide for their issue, production and return, and
- (d) provide for the examination of fish in transit within specified limits.
- (a) prohibit or regulate all or any of the following matters,-
- (4) In making any rule under this section the State Government may provide for-
- (a) seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules,
- (b) forfeiture of any fish taken by means of any such apparatus, and
- (c) confiscation of any consignment of fish 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.
- (6) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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