Maharashtra Fisheries Act, 1960 (Act No. 1 of 1961)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Maharashtra Fisheries Act, 1960 Act 1 of 1961 Keyword(s): Fish, Fishery Officer, Fixed Engine, Private Water, Territorial Water Amendment appended: 33 of 2015 • \ • • ' t • 1981 :. ¥ah, I) 6241} :; • • • . TIIB DHARASHTRA FISHERIES ACT, 1960, . • . -·· • • • . • • • • CONTENTS, • • • • hJwmLE, • • . SlOTIONS. • • 1. Short title, extent and commencement. " Definitions. "'· • . s . Destruction of fish by explosions in, or by poisoning, W a.ters. • 4. Protection of fish in selected waters. • 5. Power to prohibit sale or barter of fish unlawfully ta.ken. 6. Penalties. • 7. Arrest without warrant for offence under the Act. 8. Jurisdiction ¥erior to that.of Magistrate of&cond Class extendc<l. • 9. Power to compound Offences. • • .10 . .. . Offioors to be deemed public servants. • 11 • Indemn;ty. . • • 12 . Dues under Act recovers ble a.s arrears of Land revenue. · 9 13, Saving. \ 14 • Repeal and Saving~. .. • • Soa1muu . • • • • • • • • • • • • • • • . • • ,, • • '• • • • • • • -'o . / • • ~/ • • • • .. . • • • • • • • • • ' ' • llABARASmRA Ar:t Bo. I OP tlllt • [Ta -Jil.uwwJrru 11'mnnnM Am, 1960]. • • • • ran1 J•,11,ar,1181.J • An Act to provide for the protection, eonservatlon and dewelopment or • • fisheries In the State of llaharashtra. • \fHB:U4B it is expedient to provide t'or the protection, eonaervation ud develop mint of ftaheris Jn the SWe of Jlaharaahtra ; It is hereby euct.ed· in the Eleventh Year of the Repu.blio of India aa follows : • • • t. (1) This .lot may be oalled the .Maharashtra Fisheries Aot, 1960. (2) It extends to the whole of the St.ate of Maharaahtra. Shoat tile, ---aamm ae (3) It shall come into foroe on auoh date 1111 the State Government may, noti&cation in the OJioial G.sett,e, appoint. by-. . :Z. In this Act, unlella the oontlm othenrile reqmrea,-. . Defi~ (•) "fish" includes cruataoeans, oyatera and other shell fish; (1.>)" Fishery Oftber" means 6n oftioer appointed by tho State Govemm~nt to be t~e Fishery Oftioer for the purpose, of this Act, and include,s an officer appointed b7 that Gofframent to exercise the powen and perform the functions of the· Fiahery Ofticer : Provided that, no Police Oftioer below the rank of a Sub-lnapector shall be appointed to be the Mery Oftioer, or to exercise tll,e powers and perfonn the fanctionl of the Fishery Oftioer. (o) "find engilfe " mll&DS any net, cage, trap nt other oontrivanoe for taking &ah, find in the soil or made stationary in any other way ; • (d) " preaoribed " meana prescribed by rules made under this Aot ; (e) " pnvate water " means water (i) which is the excluaive property of any person, or (it). in 1rhich any person haa for the time being an exo1uaive right of fishery whether aa owner, leaaee or in any othor oapaoity ; but doee not include any river, oanal, stream, jAil or any pieoe of water whioh ordinarily has direot commmucation with any river, oanal, stream or jAil. ~ Water shall not oeaae to be "private water" by 1'8111()n enlf of the faot tW a man other than the owner. thereof may have by oasto'm a light of tilhery theNin; • • (/) " territorial waten " in relation to the State of llaharaahtra, means -any ,an df the open 119a, adj~ the coast of the State within, , distance of• m • iiautioal miles measured from the.appropriate baae line acoording to the PrellidtDt's p?OClamation J>Ubliahed in this behalf in the Government of India, MiDistrJ ef. • Jhtemal Affairs. Notification No. SR0-669, dated t.he 22nd llaioh 19158 ; or 1111Gb • other distaDoe 1111 may from time to time be duly Jizecl tberefor,.hereafter. • • • Jl'or Statement of Object,, and R8lll!Oll8, .,. 11,.,. ,,tm a,, ,,,,,,, Gaulu, 1980, Part V~~- -0--c~ 1 1st day or December 1961 (II/de G. :tl., A. & F. D. No. PST. 1457,132979-G, elated 28th October 1961 ). • J/174-13 t • • • • • • • . . ) .. tructlon · .f fish b)I' ,c:ploaives '.l, orby ioisonint, ,aten. • •rotcction ,f fish in elected ,111:ers. • • • • I • 6248 aharQ/htra Fislleriea · A.et, 1960 [1961 f -Mah, I 3 .. {l) If any ~rso (a) uses any dyn mite or other explosive substance, with intent thereby to take or destroy fish n a.ny waters {including any territorial waters) ; or (b' puts any ~s n, lime or noxious ma.terial in any such waters, with intent thereB'y to take or .estroy any fish therein, • • . he sliall, on conviction, be pnnished with imprisonment for a term which may extend to two months, or wit fine which may extend to two 'hundred rupees. • · • (2) The State Gove ment may, by notification in th11 Official Ga~, suspend the operation of clause (b of sub0sectlon (1) in any BP,ecified area, and, may, in like manner, modify or eel any such notification. • • 4. (1) The State ovemment may make rules for all or any of the matters specified in sub-sectio (3); and may, by notification.in the O.fficial (}azette, apply all or any such rules t such waters (not being private•waters), as the State Govern ment may specify in he said notification. (2) The State Gover of them, to an~privat of all persong having ment may, also by like notification, apply such rules, or any water, with the consent in writlng of the f\wnBr. thereof, e,nd r the time being any exclUllive right of fishery therein, (3) Such rules may, (a) prohibit pr re ulate all or any of the following matt.ers, that is to say, (·i) the erection and use of fixed engines, (ii) the. constru tion, t<JmporaTy or permanent, or weirs, dams and bunds, (iii) the dime ion, size of mesh, and kind qf nets to he used, and the manner of using hem, and the conditions (if any} under which they may be used, • • (iv) the use of ore than one method of taking; fish at one time; • (b) prohibit the ing of any gun, bow, arrow, ,or the like in any waters, with intent thereby to take or destroy any of the fish therein ; (c) prohibit or r gulate the deposit or discharge, in any waters containini. fish, of any liquid o soli4 matter specified iu the rule, detrimental to fish, or the food of fish ; but n t so as to prejudice any powers of a local ;.uthority to dis,harge sewage i pursli' ce of any power given' by or under any law for the time being in force , (d) prescribe the seasons during which the killing or taking or sale of fish of auy. prescribed spe ies, shall be prohibited ; (e) I>rohibit all fi hing in any specified waters for a specified period; (f) p;ovid; gene ly, for the better execution of this Act, and ifor the better protection, pr11Serv, tion and improvement of fisheries in the State, ·or any area i!hereof. • • • • (4) In making any le under this section, the 11\tate Gjovernment may provide for • • (a) the seizure, r moval and forfeiture of any fix~ engine or apparatus erected or used, or nets us , iJi contraventi9n of the rules, : and • • • • • • (e) the forfeit · of any fish taken by means pf any such fixed engine or ap,>aratus or net. • · • • • • • • • . • • • .. • . .. • • • • • • ... • • • , • • • \ 1961 : IIali. tJ • • 624:9 . . (6) Rules made under this section shall be 111bject to the conditi~ of previoua publication. · . (6) All rules made under this section shall be laid before each. House of the State • Legislature as IIOOll as may be after they are made, and shall be ~ject to auch modifications la the St.ate Legislature may make, during the session in which. they are so laid or the session immediately following, and publish in the Offioidl Gault,, • • • 5. (1) The St.ate Government may, by notification in the QjJi,cial Ga,,etJ,e, prohl'bit Power ,t.o • generalty or any speciled areas, t.ae ofl'ering or exposing for aale or barter of any~ fish the taking of which hall been made unlawful by any rule made under section ,, of fish auqh taking at any place out.aide the St.ate being lawful, notwithiitanding. ~ully (2) The burden of proving that any fish off'ered or expoeed for sale or barter is not oltered or expoeed for sale or barter in contravention of this section, shall be on the person oll'ering or uposing for iale or barter such fish. 6. It any person contravenea any of the provisiona of this Act or the rulea or Pfflaltiev. orden made thereunder, he shall, if no other penalty is provided for the offenQ(', • on conviction, be punished with imprisonment for a term which may ext.end to three months, or with fine which may extend to five hundred rupees, or with both ; and if the contravention is continued after conviction, with a further fine which may extend to fifty rupees for every day during which the contravention is continued. 7. (1) Any police officer not below the rank of a Sub-Inapector of Police, or Arreet any penon specially empo\fered by the St.ate Government in this behalf, may,":!:! for ,vithout warrant, arrest any person committing in his view any off'enoe punielul:ble :rence under section 3. or section 6, if the person declines to give his name and address, under the or if there is reason to doubt the aoouracy of the name and address if given. Act • (S) A. 0 person arrested under this section may be detained until his name and address. have been correctly aaeertained : Provided that, no person so arrested shall be. detained for any period longer than , may' be necessary for bringing him before a :Magistrate (such period not being more than twenty-four ho)US, exclusive of the time necessary for the journey from the nl..,... of arrest to the Court of the :Magistrate) ucept under an order of the ~te for his detention according to the provisions of tht Code of Criminal Procedure, 1898 . 8, (1) No Court inferior to that of a Magistrate of the Second Olaa, shall t,ry Jurildicdaa • any offenoe under this Act. • • C t.o (S) No Court shall take cognisance of any off'enoe under this A.ot, except ~ !:C a report in writing of the facts constituting offence made by a lPishery Oftioer, ci or a Poliee Ollieer not below the rank of Sub-~r, or :n.Jr other penon or elal8 acluded, : of persons authorised by the St.ate Government in this be • . • • • 9. (1) The District :Magistrate mtty, either before or after the institution of,- to• prooeedinge for any offence apeeili.ed in the Schedule, &006pt, from an;it peno~ oluqed with 111eh ofteuco, by way of composition thereof a IIUJD n8' ueeedufg • • ope hundred rupees. • • • • • • • • • • • . . • • • • • . • . • • • • 6250 • ' ' T M<ihara,iktra Fisherie& Act,. 1960 I [1kt: Mah. I (2) On pay:0.enJ by such person of such 11um, the person, jf in custody, ahaUbe set at liberty; an if any proceedings in any criminal court have been instituted . against him in res ect of the offence, the compo.sit-ion shall be deemed to amount to• an acquittal, nd ~he property, if any, seized from his possession shall be rele&sed, and no f her criminal proceedings shall. be taken against. the-person in • \espect of such o ence . I f I • Otficers to be deemed 10. All persok empowered to exercise powers· and perform duties, by or under this Act, ~tall be deemed to be public servants withln the meaning ofXLV aection 21 of the fodian Penal Code. • • • 1~60. • public servants. Indemnity. Dues under Act recover aale as arrears of laud revenue • S.;viug. Repeal anJ 18Vinga, I , . I . 11. No suit, tfccution or other legal proceeding shall lie against any person or the State Gov ent, for anything which is in good faith done or intended to be done under thi Act. · ! 12. Any ·amo~t of money due to the State Government under this Act, or the rules made t~ereunder, shall be recoverable as an arrea.r of land revenue. , ' I 13. Nothing i~ this Act shall apply to fishing and fisheries beyond territorial waters. j I • 14, On the ocrmmeneement of this Act, each of the following .~ctB, that is to say,- • .. • (a) The In ·' u Fisheries Act, 1897 (IV of 1897), in its applicatid'n to the Bombay area f the State of Maharashtra ; . .. • • • • (b) t .. e Fishe 'es Act (Hyderabad Act XXIII of 1356 Fasli), in its application Hyd.' to the Hydera ad area.of the State of Maharaahtra; • ~XIIT {e) the Cen al Provinces and Berar Fisheries Act, 1948 (f. P. &. Berar Act 1356F . . VIII of 1948) in its application to the Vidarbha region of the State d' c. P •.•. Maharashtra · , .;.; .. • 1 lil'rtt.t \.'U~ ahall stand repeal,ed I cf · • • I ,9,~ 1904 shall apply relation to the repeal of each of such Acts, as if that Act were ~9/,4 an enacl·ment re ealed by ii Maharashtra Act ; ' " • :e.o vid~'thatfn such repeal, th. e p.·rovisions of the Bombay General Clause.? Act, Bum. • • • • • Provided fort , er that. ., subject to the. preceding proviso, anything• done or • • • any action takeij. (including any rule made, notiftcation issued and appointment made) by or undlir auy Act so repealed shall, in so far as it is not inconsistent with the provisions ~!~hill Act, be deemed to have bee n made or taken by or under thfo • ~ • Act and shall C<fltinue in force until superseded by anything done or any a.ction f;aken ll:nder the provisions of this A.et. • · , • • • • • • • • ' • • • • • • • • • • , • 1981: ... ~I] T1te Ma1iaral1ttra Fillwi,, Ad, .l!JIJ() t t ~ (&eaeotion9.) • • I>aoripCion of offfflCG oompotmdable vtMfer ,. ,: • • • 1. :Fishing with a net having a IIJDA]ler mesh than that preim'bed. • • . . 2. Killing or taking or selling or attempting to kill, take or aell any fish of • a pzohibited species during a close aeaaon . • • • 3. :Fishing or attempting to fish with any gear or meUiod, other than the prescnced gear or method. ,. Using at any one time more than one method of taking fish, when prohibite Ii under the rules made under this Act . • 5. Fishing or attempting to fish in prohibited watera. • 6. Offering or exposing for sale or barter any fish, the oft'ering "or expoaing for sale, or barter of which is prohibited in any specified i.na by a· notification issued under aeotion 5. • • • • • • • • • • • • • • • • --· • • • • • • • • • • • • • • • . • • • • • ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 1 An Act to amend the Maharashtra Fisheries Act, 1960. WHEREAS both Houses of the State Legislature were not in session; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to amend the Maharashtra Fisheries Act, 1960, for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Fisheries (Amendment) Ordinance, 2015, on the 22nd June 2015 ; (1) Mah. I of 1961. Mah. Ord. XV of 2015. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 1, +ÆEòú 50(5)] ¶ÉÖGò´ÉÉ®úúú, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 [{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 100 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Fisheries (Amendment) Act, 2015 (Mah. Act No. XXXIII of 2015), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, DR. MANGALA THOMBARE, I/c. Draftsman-cum-Joint Secretary to Government, Law and Judiciary Department. MAHARASHTRA ACT No. XXXIII OF 2015 (First published, after having received the assent of the Governor in the “ Maharashtra Government Gazette ”, on the 21st August 2015). RNI No. MAHENG /2009/35528 ¦ÉÉMÉ +É`ö-100---1 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 19372 AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Sixty-sixth Year of the Republic of India as follows:–– 1. (1) This Act may be called the Maharashtra Fisheries (Amendment) Act, 2015. (2) It shall be deemed to have come into force on the 22nd June 2015. 2. In section 4 of the Maharashtra Fisheries Act, 1960 (hereinafter referred to as “ the principal Act ”), after sub-section (1), the following sub-section shall be inserted, namely :— “ (1A) The State Government may make rules for grant of fishing rights in the tanks situated in all the Village Panchayats and the Scheduled Areas covering total water spread area upto one hundred hectares, to the following local authorities,— (i) if such minor water bodies lies within the jurisdiction of one Gram Sabha, then to its village panchayat, (ii) if such minor water bodies lies within the jurisdictions of two village panchayats, then to the Panchayat Samiti, (iii) if such minor water bodies lies within the jurisdictions of more than two Panchayat Samitis, then to the Zilla Parishad : Provided that, the revenue generated in the Scheduled Areas including all the Village Panchayats in respect of such minor water bodies shall be appropriated to the village fund and shall be divided in equal proportion between two or more village panchayats, if any, and the same shall be used for development of the area of the respective panchayat. Explanation.— For the purposes of this sub-section,— (i) the expressions “ Gram Sabha ”, “ Panchayat ” and “Scheduled Areas” shall have the meanings, respectively, assigned to them in the Maharashtra Village Panchayats Act; (ii) the expressions “ Panchayat Samiti ” and “ Zilla Parishad ” shall have the meanings, respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.”. Short title and commence ment. Amendment of section 4 of Mah. I of 1961. Mah. V of 1962. III of 1959. Mah. I of 1961. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 3 Repeal of Mah. Ord. XV of 2015 and saving. Mah. Ord. XV of 2015. 3. (1) The Maharashtra Fisheries (Amendment) Ordinance, 2015, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.