Nagaland Fisheries Act, 1980 (No. 2 of 1982)

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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 Nagaland Fisheries Act, 1980 Act 2 of 1982 Keyword(s): Fish, Fixed Engines, Fishery Officer, Fishing Offence, Private Water THE NAGAtAND FISHERIES ACT, 1980 ( N A G W D ACT NO. 2 OF 1982) (Received r f ~ e assent of fhe Governor or1 2'4.12-81 and published in ihe Nagaland Garelre extmurdirtay dated 3rd MCITCII, 1981). Act To provide for certain matter relating to fishcries in the State of Nagd+d. It is hereby enacted ia the thirty-fust year of the Republic of India as follows : Sbort title, extend and commencement 1. (1) This Act may bc d e d the Nagaland Fishcries Act., 1980. (2) It extends to the whole of the State of Nagaland. (3) This scction shall camc into force on such date, for such period and in such area as the at once and the remaining sections will come into farce State Government may by ootifrcatioo ir: the ofiicial Gazette specify in this behalf. 2. In this Act., unless there is anything mpugnmt to the subject or context : (1) "Fisb" includes fuh, TurOe~s, Dolphins, aquatic plants as Fisheries, Whale and f s h in all States in its Iife history. (2) "Fixed engines" means any net, cage, fishiog fence, anchored long line, trap or other contrivance for taking Tub, f w d in the soil or made stationery in any other way. (3) "Fishery ofliccr" means any person appointed by the Slatc Government to w r y out a11 or any of the purposes of this Act or to do anything requircd by this Act or L any rule made thereunder provide that no police officer beIcw the rank of a sub-inspector shalI be so appointed. (4) "Fishing Offence" mcans an offcnce punishable under the provisions of tbis Act. (5) "Privatc Water" means water which is the property of any person, or in which any person has for the time bcing an exclusive tight of Fishery whether as owner, leasee or in any other capacity, and includes tanks, ponds, artificial lakes, ctc. excavated at the expense of tbe owner, which havc no wmmunication in thc rainy scason with natural waters, such as rivers, canal3 stream and Ihils. Explanation Water shall not cease to bc 'private water' within the,meaning of this defmation by reason only that other pcrsoss, may havc by usage or custom a right of Fishery therein. (6) "State Governmeat" means State Govcramcnt of Nagaland. (7) "Therc is no any specified walcrs refcrred in rule No. 3 which may not be applicable to all waters, cbe Fishria Dcpartmcnt shall speciij from time to time the list of waters after proper survey of the resources in the Statc, through notihation. Prohibition aud llcenslag of nsblng in selected waters by rules. 3. (1) The State Governmcnt may make rdes far the purposc rneationcd hereinafter in this section and shall under such rules declare tbe watcrs wbich all or any of them shall apply. (2) Tbe State Government may be notification in the OEfrcial Gazeuc, apply such rules or any of them to any private watcr witb the conscnt in writing of the owner thereof and of all other persons having for the time heing any exclusive right to Fishery therein or if the State Govern ment is satisfied that tbe ansent is unreasonabiy withheld without such consent : Provided that not rules made under this scction shall apply to any religious waters. Note : "Religious Water" means watcr belonging to a religious . body or Instilution and wbich havc ocver becn fished bcfarc on account of any restriction on religious grounds. (3) Such rulcs may : (a) Prohibit or regulate or any of the following mattcrs that is to say : (i) The erection and use of f ~ e d engines : (ii) The construction, temporary or permanent of wire dams and bund and (i) The dimension and kind of nets and size of mesh or any other fish contrivance to be uscd and mode of using therein. (b) Prohibit the destruction of or attempt to destroy £+b by gun, spcar, bow and arrows or like instrument; dynamithg, poisonniag of waters or pollution of waters by trade cffluent : , (c) Prohibit the capture of or attempt to capture or kill-broad fish (fwb carrying eggs sperms) or catching or sale of any spawn or young fishc in breeding seasons. (d) Prohibit fishing except u a d x Iicense or regdate h e granting of such licenses, the charges of fees there~f and the conditions to be inserted therein. (e) Prescribed a minimum size or weight below which no fish of any prescribed species shall be killed or sold. ( f ) Prescribed seasons in which the killing or catchiig or sale of any spawn, young or adult tish, of any prescribed specics shall bc prohibited ; (g) Prohibit fuhing in any spcczc water for specified water for specified period. (h) Regulate the export oi fish outside any area or areas and price at which fish may bc brought or sold in specified markets of all or any specified spccies. (i) Require the owner, mortgage with possession or Ieasee of any rank of Jhil for the stocking of fish; (j) Prescribed the formation of association or societies and the collection of funds for the uplift of fisherman and promotion of the f~hing industry. 4. In making any rules under this section the State Government may provide for : (a) the seizurc, removal and forfeiture of any apparatus ercctcd or used for fishing in contravention of the rules : (b) thc forfeiture of any f ~ h taken- by means of any such apparatus, and (c) tbc confiscation of any caasignment of f i b held or transported in mntravention of the rules. 5. (1) The power to make rules undcr this section shall be subject to the condition of tttc rules being made after previous publication. (2) Every rule madc under this section shall be laid as soon as may be, after it is made, before the Assembly while it is in session for a total period of seven days whicb may be comprised in one session or in two succacsive sessions if, before tbe expiry following, thc Assembly agree in making any modification in the rulc shall tbere after have effect only in such modified form or be of no cffect as the case may be, so however that any such modification or annul ment shall be without prejudice to the ~ d i d i t y of anything previously done undcr this rule. Provided that this rule shall not apply to the fishing operation of the F~heries Department conducted undcr thc orders of an officcr not below the rank of Superintcndcnt of fisheries. Power to prohibit sale o f nsh 6. The State Government may by notification in the Official Gazctte prohibit in such area or areas as may be specified in that behalf, the offering or exposing for sale or barter of any fish, kilIed in coavtravention of any rdc madc under sub-section (3) of section 3. Penal ties 7. The breach of any rde made under Scction 3 or any prohibition notified under section 4, shall be punisbed : (i) on the,-first conviction with imprisonment of eithcr description for a term which may extend to two months or with fine which may extend to five hundred Rupees with both. (ii) on cvery subsequent conviction, with imprisonment of either description for a term which may extend to five thousand rupees or with both. Arrest without warrant tor olfences under the Act 8. {i) Aoy Fishery oficer, P o k e oficcr not below the rank of a Sub-Inspector or any other pcrson, specially em powered by the State Government in the behalf may arrest without warrant any pcrson committing ur at tempting to commit, in his view a ffihiig offence : (a) if the aamc and address of thc person are not known to him and (b) if tbe person declines to give his name and address Z tbcre is rcason to doubt thc accuracy of the name and addrcs, if given. (i) A person arrested under this section may bc detahed until his namc and address havc been correctly ascer tained : Provided that nu persun arrested shall, bc detained longer tban may be necessary for bringing him bcfore a Magistrate, except under the order of a Magistrate for his detention. (i) Every Fi~hary officer shall have the samc powcrs of search and investigation relating Lo f ~ h i n g offence as a Polict of iw d thc rank of Sub-Inspector has under the code of Criminal Procedure 1973 (Act 2 of 1974). JurisdlcCiou inferior to that of Magistmte of the second dass excluded 9. Nocourt sbdtakecogniwnceaEanyoffenceunderthisAct, cxccpt on the complaint of a Fuhery oficer or d a Police officer not beIaw the rank of a Sub-Inspector or any other person or class of persons authorised by the State Governmcnt in this behalf. Power to compound certain offences 10.(i) TheStatcGovcmmcntmay,bynotifrcationintbcO~ciaI Gazetted empower a Fishery oficcr by name or by virtue of ofice. (a] toaccept fromany person concerning whom evidence exists whicb if unrcbutted, would prove that he has committed any first column of the Schedule, a sum of money by way of compensation for the offence with regard to whicb such cvidenct: exists and on tba papcnt of such sum to such uficcr, such person, ifin cli;stodyshal be released and no fur the^ proceed ing shall be taken agahst him. (b) to release any propcrty that has been scized as liable to confiscation without furthcr payment or on pay ment the value thereof as estimated by such officer and on the payment of such vduc, such propcrty shall be relcased and no further proceedings shaU bz taken in respect thereof : (ii) Thc sum of money accepted as compensation under CIause (a) Sub-section (I) shah in no casc cxcecd the amount acccptable ascompensation in thesecondcolumn of h e Schedule for the particular offence described in the first column tbereof. The Schedule (SEE SECTION 8) Maximum amounts acceptable, as compensation for certain fisbing offences under Section-8. Description Maximum amount of offences acceptable as compensation 1 2 1. Fishing within net having smaller Rs. 500.001 mesh than tbat prescribed under (Rupces five hundred) the rules made under the Act. 2. Fishing without a licence. Rs. 500.001 (Rupees fivc hundred) 3. Killing o r catching or selling or Rs. 500.001 attempting to kill, catch or sclI (Rupees five hundred) fmh of a size or weight l a than thc standard prescribed under this Act. 4. Killing or catching or selling or Rs. 500.001 attempting to kill catch or sell (Rupees five hundred) any fish a prohibited spccies during a close season. 5. F ~ h g or attempting to f ~ b , with any gear other than permitted urrdcr the rules. 6. Fishing or attempting to fish with &$mi& or any other obnoious or dynamites etc. 7. Licence holders crnployiig or engaging non-licescee to hclp them with their nets while fihing. 8. Fishingar attemptingtof~hin prohibited waters. 9. Offering or exposing for sde or barter any fish the sale of which is prohibitcd in any specified area by notification issued under scction 4. 10. Selliag or attctnpting to scU fish for price above the specified market value. 11. Exporting or attempling to export fsh in cotravcntion of any rule made under cIausc (g) of Sub section (3) of section 3. Rs. 500.001 (Rupees five hundred) Rs. 500.001 (Rupces five hundred) Rs. 500.h/ (Rupees fivc hundred) Rs. 5OO.w (Rupees five hundred) Rs. 500.001 (Rupces five hundred) Rs. 500.001 (Rupees five hundrcd) Rs. 500.W (Rupees five hundred)