Jammu and Kashmir State Fisheries Act, 1960

105 THE JAMMU AND KASHMIR STATE FISHERIES ACT, 1960. (1903 A. D.) CONTENTS. Section. Section. 1. Short title and commence ment. 2. Local extent. 3. Extent of repeal of the existing laws and practices; saving clause. 4. Interpretation clause. 5. 6. 7. Declaring what waters are " Sanctuaries ", " Trout Waters" "Reserved Waters" and "Protected Waters" ; declaring that fishing be prohibited absolutely or subject to certain specified conditions. Absolute prohibition against fishing in "Sanctuary". Fishing in "Trout", "Reser ved or "Protected" waters allowed only under a licence ; use of dynamite etc. prohibited in any "water"; use of poison lime etc. prohibited in any "water"; erection of "fixed engine" etc. prohibited in any water ; night fishing prohibited in any "Trout" or "Reserved" water; pro hibition as to capture of English Trout; possession of nets by a person other than a licence-holder prohibi ted; aiding and abetting the commission of any of the above offences prohibited; shikaries taking service not having a licence; general prohibition ; penalties. 8. Further penalties. 9. 10. Penalty commit having desist. for continuing to an offence after been warned to Enhanced punishment aw ardable on second convic tion etc. 11. Courts by which offences under this Act are triable. 11-A. Power to compound offen ces. 12. Rewards. 13. Procedure against accused persons. 14. Application for licences how made. 15. Grant of licence how made. 16. Special control of the Game Preservation Department in "Trout, Reserved and P rotected waters''. Amendments made (after 1956 edition) by Act No. I. IX of 1959 2. XII of 1964 3. XL of 1966 106 FISHERI.C:S ACT, 1960 (1903 A. D.} THE JAMMU AND KASHMIR STATE FISHERIES ACT, 1960. (1903 A. D.) [Sanctioned by His Highness the Maharaja Sahib 13ahadur in Council vide State Council Resolution No. 3 dated 10th July, 1903 and published in Government Gazette dated 20th Sawan, 1970 as amended upto 1st Baisakh, 197 0.] Whereas it is expedient to consolidate and amend th~ Jaw regulating the capture of fish within the territories of Jammu and Kashmir State ; it is hereby enacted as follows 1. This Act may be called the Jammu and Kashmir Fisheries Act and shall come into force Short title and com rrenccment. on the 1st day of Baisakh Samvat 1960. 2. It shall extend to such local areas within the territories of the State as may, from time to time, be declared by a noti fication, published in the Jammu and Kashmir Government Gazette, under the orders of 1 [ the Government] in that Loral extent. behalf. 3. The J ammu and Kashmir Fisheries Regulation, Extent of repeal of 1901, is hereby repealed and the system the existing laws and hitherto in vogue in the Kashmir Pro practices. vince, of forming out the right of fishing known as Mahal-i-Mahigiri shall immediately on the pass ing of this Act cease to exist. All orders issued and taxes imposed, prior to the passing of this Act, shall, so far as they are consistant with the prov1s1ons contained in this Act or the rules made thereunder, be deemed respectively to have been issued and imposed here Saving clause. under. 1. In sections 2, 5 (1), 5 (2) and 17 for the words "His Highness the Maharaia Baha<lur" the word:;; "the Government" substituted by Act X 1996. FISHERIES ACT, 1960 (1903 A. D.) 107 4. In this Act, unless there is anything repugnant Intrepretation in the subject or context, clause. "Water" means and includes all rivers, streams and lakes ; all ponds belonging to the State, and all tanks cons tructed by or under the authority of the State. ((Sanctuaries" mean and include waters, where fishings, because of the sacred nature of the places or otherwise, shall under no circumstances, be permitted. 1'Trout Waters" mean and include all waters, which are now being stocked with English trout, in which no fish ing shall be permitted, except, under a special licence issued for that purpose under the conditions laid down under 1Notification 8, as well as a permit showing the water and period for which the licence is issued. "~eserved Waters" mean and include waters where fishing shall not be permitted, except, under a special licence issued in that behalf, in the manner indfcated here after, nor shall the capture of fish be allowed by means other than a rod and line or a casting net of the kind des cribed in clause (15) of 1Notification 8. N. B.-The ordinary landing net and bait net used by rod fisher men is permitted to be used, provided the owner holds a licence for rod fishing as laid down in !Notification 8. "Protected Waters" mean and include waters where fishing shall not be permitted, except under a licence issued in that behalf in the manner indicated hereafter, nor shall the capture of fish be allowed except by one or other of re cognized modes of fishing. 11 Fixed Engine" means and includes any net (other than those referred to in the clause above and the note thereto relating to "Reserved Waters", and any cages, traps, sluice or other contrivance for taking fish, fixed in the soil, or made stationery in any other way. 1. For Notifiration see Council, Order No. 606-C of 1939 puolished in Oovernment G,;1iette dated 15th :eti.adon, 1996. 108 FISHERIES ACT, 1960 (1903 A. D.) N. B.-The erection of dams for working of mills, etc., is per mitted, but in all cases a free channel must be left open for the pass· age of fish up and down the river. The channel should, if possible, be half the river but the rights of mill owners should be protected, so that a sufficiency of water is guaranteed for their mills. The construction of the dam to form a sluice for the capture of fish is illegal as forming "Fixed Engine" under the terms of the above clause. 5. (1) 1 [The Government], may by a notification published in the J ammu and Kashmir Declaring what waters are "sanctua- Government Gazette in that behalf. ries," "Trout waters," from time to time, declare the localities "Reserved waters" and "Protected waters." situated within the areas, in which this Act is in force, which shall, for the pur poses of this Act, be treated as "Sanctuaries" "Trout ,\Taters," 11Reserved waters," and 11Protected Waters" res pectively, and may, from time to time, cancel or modify the same. (2) 1 [The Government] may, by a notification pub Declaring that fish ing be prohibited absolutely or subject to certain specified conditions. lished in the Jammu and Kashmir Government Gazette in that behalf from time to time, declare that the capture of fish by any of the recognised modes of fishing, be prohibited absolutely or subject to certain specified conditions, within certain water or waters, or fix special fees for licences in any water or waters and may, from time to time, cancel or modify the same. (3) The following places are reserved for rod fishing only from April 15th to September 15th subject to the close seasons laid down under 2Notification 7 (d) : (a) The Sindh River at Ganderbal from half a mile helow the old bridge to half a mile above the chenars on the left bank and including the "Island Pool", and also from 100 yards above Utkhuroo village to the chenar tree 300 yard's below the village with the reservation that all fishing is strictly prohibited at Ganderbal within the limits of His Highness the Maharaja Sahib's camping ground. 1. See footnote under section 2. 2. For Notification see Council Order No. 606-C of 1939 published i1' (,overn~ent gazette dated 15th Bhadon, 199Q. · ..... ... FISHERIES ACT, 1960 (1903 A. D.l 109 (b) The Dal Gate Pool and the Canal Gate Pool just above the Library, and the Pool at Badshahi Bagh. N. B.-Sportsmen holding Rs. 5 licence for reserved waters wish ing to fish in the Dal Gate and Canal Gate Pool which lie within Muni cipal limits may be called upon to pay the extra Licence fee of Rs. 2 laid down by the Municipality for fishing within Municipal waters. (c) The bridges at Baramulla, Sopore, Sumoal (with the exception of the limits of the sacred temple of "Nand Kaeshar-Bharin)", Bijbihara from 100 yards up stream to half a mile below the bridge and the Jhelum at Ningle from the mouth of the Woolar lake to the boundary pillar. (d) The Vishau with its branches from its source to 1he bridge at Kaimoo. 6. Whoever is found fishing in any "Sanctuary" shall Absolute prohibition be liable to be punished with imprison against fishing in ment of either description for a term "Sanctuary." which may extend to two months or with fine which may extend to Rs. 100 or with both. 7. (a) Whoever is found fishing in any nTrout" Fishing in "Trout" "Reserved" or "Protected" water with "Reserved" or "Pro- OUt having previously obtained a licence tected" waters allow ed only under a therefor, in conformity with the rules licence. set forth in 1Notification 8; or (b) whoever uses dynamite or other explosive Use of dynamite etc., substance in water with intent thereby ~:~:::~~d in any to catch or destroy any fish that may be there; or (c) whoever puts any poison, lime or other noxious Use of poison, lime material, into any water with intent etc. prohibited in any thereby to destroy or catch any fish ,· "·water". 1. For Not ification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996. llO FISHERIES ACT, 1960 (1903 A. D.) or (d) whoever erect a (<fixed Engine" or Weir on the Erection of "Fixed bank of, or in, any "water" for the pur Engine" etc. prohibited pose of capturing fish, or uses for the in any water. like purpose any instrument or net other than those allowed by 1Notification 8; or (e) whoever is found fishing in any "Trout" or Night fishing prohi- ('Reserved" water in contravention of bited in any "Trout" . . . . or "Reserved" water. the prov1s10ns of 1Notificat10n 6; or (f) whoever is found capturing English Trout in Prohibition as to any form whatever except as provided capture of Englich . ? Trout. for under 1Not1ficat10n 8; or 2 [ (ff) whoever is found capturing or in possession of Mirror Carp below 3 [five inches] in length save under a permit issued by the Director Fish Preservation ; or] (g) who, not being a licence-holder under the terms Possession of nets by of this Act, is found in the possession a person °ther than a of a n,et or nets for the illegal capture licence-holder prohibi ted. of fish ; or (h) whoever aids and abets the commission of any Aiding and abetting of the above offences ; the commission of any· of the above offences prohibited. or (i) who, being shikari, shall take service with Shikaris taking ser- sportsmen not belng licensed under vice not having a licence. section 16 (c) infra; or (j) whoever in any way contravenes or attempts to contravene the provisions of this General prohibition penalties. Act or the rules issued thereunder, for which no special punishment is provi ded, either in this Act or the rules aforesaid, shall be liable to be punished with imprisonment, either 1. For Notification see Council Order No. 606-C of 1939 published in Government Gc>zctte dated 15th Bhadon, 1996. 2.. Clause (ff) inserted by Act IX of 1956. 3. Substituted by Act XII of 1964 for "eight inches". ..... FISHERIES ACT, 1960 (1903 A. D.) 111 simple or rigorous, which may extend to one month or with fine which may extend to Rs. 50 or with both; 1 [Provided that in the case of an offence committed in trout waters the fine shall not be less than rupees ten".] While, if a shikari, h.e shall also be liable to have his licence forfeited for one year or for such further period as may be considered necessary, Note.-Imprisonment for an offence committed in "Trout" or "Reserved" waters may be either simple or rigorous, but it shall only be "simple" in the case of an offence committed in "Protected Waters,'' Exception.-Notwithstanding anything in clause (a) supra ~[the Government] may exempt any specified individual or individuals from taking out licence for fishing in either "Trout" or "Reserved'' or "Protected" Waters. 8. In addition to the punishment mentioned in Further Penalties. section 6 and at the end of section 7 any fixed engtne or other article used for the capture of fish in contravention of the provisions of this Act or the rules issued thereunder, as well as any fish thereby captured, shall be liable to be confiscated by the Govern ment. 9. Any person continuing to commit any of the Penalty for continu ing to commit an offence after having been wa'rned to d~sist. offences mentioned in sections 6 and 7, supra after he has been warned by any authority to desist, shall, in addition to the punishment awardable on first con viction, te liable to be punished with 'a fine which may extend to Rs. 10, for each and every day succeeding that on which he was so warned. 3 [10. (a) Any person convicted more than once under section 6 shall be punishable with imprisonment of either description for a period which may extend to six months or with fine which shall not be less than rupees twenty-five but which may extend to five hundred rupees or with both. (b) Any person convicted more than once of any of 1. Proviso inserted by Act IX of 1959. 2. Substituted by Act X of 2010 for "His Highness the Maharaja". 3. Section 10 substituted bj Act IX of 1959. 112 FISHERIES ACT, 1960 (1903 A. D.) the offences mentioned in section 7 shall be punishable with imprisonment of either description which may extend to four months or with fine which shall not be less than rupees 1.wenty-five or both.] 11 . . Offences punishable under this Act or the rules made thereunder shall be tried and in off~~~:!s un:?r th:h!~~ quired into by the State Courts in the are triable. ordinary way and in accordance with the Criminal Law of the State 1 [ x x ] . 2 [11-A. (1) The Government may, from time to time by notification in the Government Power to compound Gazette, empower a gazetted officer by ofenccs. name or by virtue of his office, ( a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, a sum of money by way of compo sition for such offence, and (b) when any property liable to confiscation under this Act, has been seized, to release the same on payment of the value thereof as estimated by such officer or for special reasons to be recorded in writing, without such payment. (2) On payment of the composition money under clause (a) of sub-section (1), or the value of the property under clause (b) of sub-section (1), or both, as the case may be, the suspected person, if in custody, shall be discharged, the property, if seized, shall be released and no further proceedings shall be faken against such person or property. (3) The sum of money accepted by way of composi tion under clause (a) of sub-section (1) shall in nb case exceed the amount of the maximum fee chargeable for the time being for a licence under this Act.] I. Certain words omitted by A. L. O. 2008. 2. Section 11-A inserted by Act IX of 1999. FISHERIES ACT, 1960 (1903 A. D.) 11:3 1 [(4) Notwithstanding anything contained in section J-2 the Director Fish Preservation may grant rewards to persons giving bona-fide information relating to commis sion of an offence )¥hich has been compounded under this section ; provided that the amount of reward so granted shall not exceed the amount realized by way of composi tion.] 12. (1) Any person or persons giving such bona-fide Rewards. information as shall lead to a conviction under this Act (Fisheries) shall be entitled to a reward which may at the discretion of 2 [ the Judicial Magistrate] trying the case extend to the full amount of the fine inflicted. (2) Watchers of the Game Preservation Department and Fisheries who shall give information under para (1) supra shall not be debarred from receiving the full reward. (3) The 2 [Judicial Magistrate] trying the case will have the power to grant the above rewards (1) and (2) supra on his authority without any reference to the Government 13·. 3 [ (1) When any person who, in the presence of an officer duly appointed in this behalf under the rules in iorce. commits or attempts to commit or has been accused of committing any offence under this Act, refuses, on de mand by such officer to give his name and address, or gives his name or address which such officer has reason to believe to be false, he may be arrested by such officer. The officer making such arrest may seize all fishing implements and other articles intended to be used in connection with the commission of such offences in possession of the person arrested and shall prepare a list of such article3.] (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before !:'.[a Judicial Magistrate,] if so required, provided that if 1. Sub-section (4) inserted by Act IX of 1959. 2. Substituted by Act XL of 1966 for "Magistrate". 3. Sub-section (1) substituted by ibid. ' li4 FISHERIES ACT, 1960 (1903 A. D.) such person is not resident in the State territories, the bond shall be secured by a surety or sureties resident in State territories. (3) Should the true name and residence of such person not be ascertained within 24 hours from the time of arrest, or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be fo::warded to the nearest Magistrate having juris diction. 1 [x x x] · 14. Subject to the restrictions of section 15 applica Application licences how made. tions for the grant of a licence for fish for ing in "Trout" or "Reserved" or "Pro tected" waters will be made in accor dance with the provisions laid down in 2Notification 8 of this Act, and to the officer authorized to receive such appli cations under the same. Each such application shall be accompanied by a deposit of a fee leviable in respect of each such licence, according to clause 3 of the aforesaid notification. 15. On receipt of the application and the fee just mentioned, the officer referred to in the Grant of licence how preceding section shall grant a licence made. in accordance with clause (4) of 2Noti fication 8. A licence thus granted will run for a period of one year, commencing from beginning of each 3 [Financial year] , with the following exception,-At Tangrot, where the licence will run from the commencement of the season, viz., January 1st each year ; and, In the case of Trout waters, where the licence shall extend during the fishing season only which for the present will be from 4 [15th March to 15th October] 1. Note to section 13 repealed by Act XX of 1998. 2. For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996. 3. Substituted by Act IX of 1959 for "financial year". 4. Substituted by ibid for "Ayril 1st to September 30th". 16. (a) The Special control of the Game Preservation Department in "Trout" "Reserved" and "Pro tected" waters. FISHERIES ACT, 1960 (1903 A. D.) 115 grant of licences, the appointment and dismissal of watchers and matters of control, whether financial or executive, in "Trout," "Reserved" and "Protected" waters shall be under the Game Warden. (b) The State reserve to themselves the right to close any river or part of a river at any time for State purposes, or if the river or part of the river in question has been too heavily fished, or for any other reason. The Game "\Narden is further authorised under this section, to take immediate action if he is satisfied that it is necessary, :reporting the steps taken to the Government ; and in the event of a licence having been taken out for the period in question, the Game Warden is authorized to refund the licence fees t~at have been paid. (c) The State reserve to themselves the right to refuse to issue any licence, or to cancel any licence, at any time, if circumstances render it necessary. (d) On all the Trout Waters, at Tangrot, and Ningle on the Jhelum no one shall take service as a regular shikari with sportsmen until he has been registered by the Game Warden, and granted a licence on the form prescribed. Employers of shikaris are advised to insist on the shikaris producing their registration forms, as these show any adverse entries which have been made against them. 17. 1 [The Government] may, from time to time, make rules with regard to all or any of the Rules making power -"'----Q-.. following matters, as may be deemed necessary, and may cancel or modify the same. Rules thus made or modified shall, unless otherwise directed, have effect immediately on their publication in the Jammu and Kashmir Government Gazette : (a) the procedure to be observed in the matter of 1. See footnote under section 2. 116 FISHERIES ACT, 1960 (1903 A. D.) application for any grant of licences, the forms and local extent of such licences, and the maintenance of registers in connection with the issue of licences ; (b) the scale of fees for the different kinds of licences, their recovery and payment into the Treasury and the maintenance of register in connection with such recovery and payment into the Treasury ; (c) declaring the recognized modes of fishing; (d) fixing the dimensions of meshes and rings in the different kinds of nets ; (e) prescribing the procedure according to which the local Revenue authorities, under the orders of the Deputy Commissioners, shall render assistance to the State Game Preservation Department in the matter of the control of ''Trout, Reserved or Protected Waters ; " (f) prescribing the duties to be performed by the various officials to be appointed for the purpose of carrying out the objects of this Act ; (g) generally, for the carrying out of the provisions of this Act.