Definitions.

In this Act and the rules made thereunder unless there is anything repugnant in the subject or context,- (i) 'fish' includes shell-fish in all stages of its life including acquatic plants and animals of fisheries value; (ii) 'fishhlg gear' means any net, line, rod and line, fishing tackle or other appliances used for the purpose of catching fish; (iii) 'fishing craft' means any boat manually operated or operated by power used for the purpose of fishing or the transport of fish; (iv) 'fishing offence' means any offence punishable under this Act or any rule made thereunder; (v) 'fishery officer' means any person whom the State Government 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; (vi) 'fixed engine' means any net, cage, trap or other contrivance for taking fish fixed in the soil or made stationarv in the other way; (vii) 'notification' means a notification published in the Official Gazette; (viii) 'private waters' means water 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, leassee or in any other capacity and includes tanks, ponds, artificial lake etc; excavated at expenses of the owner which have no communication at any season with the natural waters of any river, streams or canals; 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; (ix) 'State Government' means the Government of the State of Sikkim; (x) 'religious water' means water belonging to a religious body or institution and which have by reason thereof and on religious grounds never been fished before; Explanation.- The provisions of this definition shall not however, debar the State Government to develop such water with fisheries which, however, will not be subjected to commercial use without the consent of the religious body or institution or the persons who may have customs attached to such water; (xi) 'religiOUS body' means the trustees or all) other person who are in charge of a religious institution or in whom the ownership of the religious institution vests for the time being; (xii) 'religious institution' 111eanSa temple, a 1110sque, a church, a monastery or any other shrine dedicated to any God or Goddess and such other instituttions as the State Government mav, by notification, declare in this behalf; (xiii) 'section' or 'sub-section' means a section or sub-section of this Act unless referred to any other Act.