The Madhya Pradesh Fisheries ( Amendment ) Act, 1981

This Act may be called the Madhya Pradesh Fisheries (Amendment) Act, 1981.

In section 3 of the Madhya Pradesh Fisheries Act, 1948 (No. 8 of 1948) (hereinafter referred to as the Principal Act)— (a) in sub-section (3), for clause (f), the following clause shall be substituted, namely :- "(f) prohibited sale or purchase of fish or transport or movement of fish within or outside the State in excess of the prescribed quantity except under a licence; (ff) prescribe the seasons during which- (i) the killing or catching of fish of any prescribed species shall be prohibited; (ii) sale, movement or transport of any prescribed species shall be prohibited except under a licence; (fff) regulate the grant of licences under clause (f) and sub-clause (ii) of clause (ff), and/or prescribe the fees payable therefor and the conditions to be attached thereto; and"; (b) in sub-section (5), for clauses (a) and (b), the following clauses shall be substituted, namely :- "(a) the seizure, removal and forfeiture of any fixed engine, apparatus or equipment erected or used for fishing in contravention of the rules; (b) the forfeiture of any fish procured by means of any such fixed engine, apparatus or equipment or transported in contravention of the rules; and (c) the seizure, removal and forfeiture of any animals, carts, vessels, rafts, boats or vehicles used for transporting or catching fish in contravention of the rules.".

For section 5 of the Principal Act, the following sections shall be substituted, namely :- "5. Penalties.- If any person contravenes any of the provisions of this Act or rules made thereunder, he shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 5,000, or with both. 5-A. Cognizance of offence.- Every offence under this Act shall be cognizable.".

In section 6 of the Principal Act,- (a) for the proviso to sub-section (2), the following proviso shall be substituted, namely :- "Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Judicial Magistrate except under an order of the Magistrate for his detention according to the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974)."; (b) for sub-section (3), the following sub-section shall be substituted, namely :- "(3) All Fishery Officers shall have the same powers of search, seizure and investigations in respect of an offence under this Act as a police officer of the rank of a Sub-Inspector has under the provisions the Code of Criminal Procedure, 1973 (No. 2 of 1974).".

For sub-section (1) of section 8 of the Principal Act, the following sub-section shall be substituted, namely :- "(1) Any offence specified in the Schedule may be compounded by the Collector by acceptance of a sum not exceeding Rs. 1,000.".

In the Schedule to the Principal Act, after entry 4, the following entries shall be inserted, namely :- "4-A. Transporting or attempting to transport any fish of a prohibited species during a closed season except under and in accordance with the conditions of the licence granted under the rules; 4-B. Selling or transporting or attempting to sell or transport fish in excess of the prescribed quantity except under and in accordance with the conditions of the licence granted under the rules.".

The Madhya Pradesh Fisheries (Amendment) Ordinance, 1981 (No. 11 of 1981) is hereby repealed.