West Bengal Inland Fisheries Act, 1984

Allnex- 11 GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT "VEST BENGAL ACT XXV of 1984 THE "VEST BENGAL INLAND FISHERIES ACT, 1984 (Passed by the West Bengal Legislature) (Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 14th September, 1984) (4th September, 1984) An Act to provide for the conservation, development propagation protection, exploitation and disposal of inland fish and fisheries in West Bengal and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for the conservation, development, propagation, protection, exploitation and disposal of inland fish and fisheries in West Bengal and for matters connected therewith or indidental thereto ; AND \NHEREAS previous sanction of the President under the proviso to clause (b) of article 304 of the Constitution of India has been obtained; It is hereby enacted in the thirty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows : CHAPTER-I Preliminary 1. (1) This Act may be called the West Bengal Inland Fisheries Act, 198-1. Short title. extent and cornrnencern ent. (2) It extends to the whole of 'West Benga1. Price: 2.00 SG/17.1.86. 224 The West Bengal Inland Fisheries Act, 1984 (\'\Test Ben. Act) (Chapter I. - Preliminary-Section 2) (3) It shall come into force on such date as the State Government may be notification appoint, and different dates IlIa)' be appointed for different provisions of this Act. 2- In this Act, unless there is anything repubnant in Definitions the subject or context (i) "Company" means a domestic company or a foreign company Explanation 1. 1 of 19:;6 "Domestic company" means a company formed and registered under the Companies Act, 1956, and includes a company formed and registered under any law relating to companies formerly in force in any part of India; Provided that the registered office of the company is in India. Explanation II. "Foreign company" means a foreign company within the meaning of section 591 of the Companies Act, 1956 and includes any foreign association, whether incorporated or not, which the Central Government m.ay, by general or special order, declare to be a foreign company for the pruposes of this Act: Sl of 1932 partnership Act, 1932; (ii) "Competent authority" means any person or authoritv authorised by the State Government by notification to perform the functions of the competent authority under this Act; (iii) "Firm" has the same meaning as in the Indian partnership Act, 1932; (iv ) "Fish" includes aquatic plants and animals in anv stage of their lire cycle; (v ) "Fisherman" means a person who is by caste or by profession a fisherman and is mainly engaged in culture or capture of fish; (vi) 'I Fishery" means any activrry or occupation connected with conservation, development, propagation, protection, exploitation or disposal of fish and fish products or any place or water area where such activity or occupation is carried on, and includes a tank fishery. Explant ion. West Ben. Act I of 1954 "Tank fishery"-shall have the S21me meaning as in the vvest Bengal Estates Acquisition Act, 1953 ; (vii) "fixed engine" includes a net, cage, fishing fence, anchor, trap or contrivance for taking fish, fixed in the sailor made stationary in any other way; Ben, Act IV of 194-±' (viii) "Hindu undivided family" has the same meaning as In the Bengal Agricultural Income-tax Act, 1944 ; Ox) (x) (xi) (xii) (xii i) (a) (b) (c) The West Bengal Inland Fisheries Act, 1984. XXV of 1984) (Chapter 11.- Conservation and propagation- Sections 3~5) "Multi-ownership tank" means a reservoir for water, held by two or more persons by ,vay of ownership, lease, mortgage or otherwise; "Notification" means a notification published in the Official Gazette; "Person" includes a Hindu undivided family, company, firm, institution (by whatever name called), fish production group, Gram Panchayet, Panchayat Samity, Zilla Parishad, Co-operative Society or other association of persons; "Prescribed" means prescribed by rules made under this Act; "Public purpose" means any pirpose having or being connected with, any of the following obiects: the improvement or development of fishery, the supply of fish to consumers from fishery, any other object ancillary or incidental to the object referred to i.n sub clause (a) or sub-clause (b). 226 4 CHAPTER II CONSERVATION AND PROPAGATION 3. (I) The State Government may, for the prupose of conservation and propagation of fish, by notification restrict, for any specified area and for a specified period, fishing of specified size, group or species of fish, and may by rules regulate the conservation and propagation of fish including the following ; Conserv a tio n and propagation of fish. (i) the erection or use of fixed engine; (ii) the construction, temporary or permanent of any weir, dam or bundh; (iii) the dimension and kind of any net or size of any mesh or any other fishing contrivance, and the mode of using them. (2) 1'\0 person shall construct any dam, barrage, bundh or barrier of any kind whatsoever on a flowing river without making provision for fishpass or fish-ladder of such description and in such manner as 111ay be directed by the competent authority. 1:, No person shall, without obtaining permission from the competent authority, catch fish by angling in such area as the State Covernment may by notification specify. If any person uses any dynamite or other explosive substance or puts any poison, lime or moxious material in anv fishery or other wa te r area w ith intent to catch or destroy any fish therein, he shall be punished with imprisonrrient for a term which may extend to six months, or with fine which mal' extend to two thousand rupees or with both. 227 Anghng in specified area. Destruction of fish b v explosive ' su bstance or poisoriing. 5 The West Bengal Inland Fisheries Act, 1984. (West Ben. Act) (Chapter III.- Conservation and propagation- Sections 6.- Chapter III. I\1anagement-Sections 7, 8) 6.0) No person shall discharge into any flowing water or any confined water area any industrial waste, sewage Protection of or other polluting substance that may affect the fish. health or life of fish or cause destruction of fish, or act in contravention of any rules regulating the protection of fish. (2) Any person causing pollution of any flowing water or any confined water area in contravention of the provisions of sub-section (I) sha-ll be directed by the State Covernment for the preventing of such pollution within a specified time, failing which the State Government shall take such measures as it may think fit for the prevention of such pollution, and the entire cost in this behalf or any part thereof shall be recovered from such person. (3) vvithout prejudice to the provisions of the foregoing sub-section, any person causing pollution of any flowing water or any confined water area may also be prosecuted and shalt on conviction. be punished "with imprisonment for a term which may extend to six months, or "with fine which may extend to ten thousand rupees, or with both. 228 6 CHAPTER III MANAGEMENT 7. 8. (1) The Statement may prescribe by rules the minimum age, length and weight of fish that shall be used for induced breeding for any purpose other than scientific research. If the competent authority, on receipt of an information or on his own motion or otherwise, is satisfied that' a multi-ownership tank is not utilized in accordance with the prevailing no rms of pisciculture and that it is necessary for any public purpose so to do, he may, after giving one month's notice to the owner and the possessor of such tank, by order in writing takeover the management and control of such tank. Breed fish managcme n t Proper utilization of multi ownership or other tanks for piscicul ture. (2) The management and control of such tank may be transferred by the competent authority to any person for proper utilization of such tank in such manner as rnay be prescribed. (3) Every co-sharer or co-owner of a multi-ownership tank shall be entitled to receive rent for taking over the management and control of such tank by the competent authority at such rate as may be determined by that authority in the manner prescribed. (4) The 11\anagen1ent and control of a multi-ownership tank may be taken over under sub-section (I) for a period not exceeding 25 years or transferred to any person under sub-section (2) for a period not exceeding 10 years at a time. (5) If the person referred to in sub-section (2) fails to utilize the multi ownership tank in accordance with the prevailing norms of pisciculture, the competent authority may, after gi\'ing notice to such person, resume the management and control of such tank without payment of any rent or compensation to such person; and such tank ITwy thereafter be managed by the competent authority or transferred to some other person for pisciculture. 229 7 The West Bengal Inland Fisheries Act, 1984. (XXV of 1984) (Chapter 111.- Management- Sections 9-16) (:l) The provisions of this section shall apply. mutatis mutandis, to anv tank owned or possessed by a single person, or a tank owned by the State Coverriment jointly with other person or persons. Distribution of se w age' water Fish prod uction group 9. (1). The State Government may, for the purpose of making an equitable distribution of sewage water for the sewagefed fisheries, set up a committee with such members as mav be prescribed. (2). The committee shall exercise such powers as may be prescribed. 10. A cluster of fishermen or other persons or both may, for the purpose of efficient production and sale of fish in a collective ,'Vay, form and register a fish prod uction group in such manner as may be prescribed: Provided that no pers on who is a member of any fishermen's co-operative society, registered or deemed to be registered under the vVest Bengal Co-operative Societies Act, 1973, shall be a member of a fish production group West Ben. Act. XXXVIII of 1973 Building up of buffer stock and levv of fish. 11. (I) The State Covernment may, if it thinks fit so to do build up a buffer stock of fish for the purpose of ensuring a stead:' supply to consumers. (2) For the purpose mentioned in sub-section (I) the State Government may impose a levy on producers and wholesale dealers of fish at such scale and in such manner as mav be prescribed : Provided that such imposition of levy shall come into force in such areas and in respect of such species of fish as the State Covernment may by notification specify. 230 Sa] e rejected fi5h. Standard measure Explanation- "Producer" shall include a catcher. 12. No fish or fis 1, product rejected by any author\tv of empowered to do ::>0 under any law for the time being in force as being unfit for export shall be pu t to sale for hU!T1C1n consumption unless the same has been certified by Zln authority, appointed by the State Government by notification, to be fit for such consumption and such authority shall also indicate in the certificate the period of validity thereof. 13. No person shall sell fish-spawn 'without using such standard measure as may be specified by the State government by' notifica tion. Regulated fish-market. 14. Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government may by notification declare an~! area as a fish market CIrca within which purchase and sale of fish shall be regulated in accordance with such rules as mav be prescribed. 15. The owner or lessee of a fish-market wholly or partly ment Fish market for sale of fish shall ensure such hygienic condition in such market as 111.ay be prescribed. Observance of hvgienic rule"' 1.)1" a dealer. 16. (I) Every person ordinarily dealing in fish of any quantity exceeding ten kilogra.ms by wa.y of sale, exposing for sale. transportation, storage, preservation or processing shall observe such hygienic and sanitary conditions as may be prescribed. (2) If anv person fails to observe a.ny hygienic or sanirarv condition as provided in the rules referred to in subsection (1), he shall be punished with fine which 1Tlay extend to tell thousand rupees. 23 J 9 17, (I) The State Government may make rules regula ting the pClynlcnt of wages, eith':' in cash or in kind or in both, Fishing the weekly duty hours and other terms and conditions labour of employment of the labour employed in fishing activity of any kind. (2) Such rules may also provide for the mode of settlement of disputes between a fisherman and the labour employed by him. CHAPTER IV Miscellaneous 18. (I) An appeal against any other of the competent authority made under this Act or the rules made thereunder may be preferred within a period of thirty days from the date of communication of the order to the person aggrieved by such order; Provided that the appellate authority may entertain the appeal after the expory of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in tirue. (2) An appeal under sub-section (I) shall lie with such officer, not below the rank of Deputy Director of Fisheries, as the State Government Dl2y by notification appoint. (3) all. receipt of an appeal under sub-section (I) the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, pa.ss such orders thereon as it deems fit within a period not exceeding minety days from the date of admission of the appeal. (4) Every order passed by the appellate authority under this section shaH be finaL 19. (I) The State Covernrnent may by notification make rules Power to make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing po\\"er, such rules may provide for all or any of the n1atters which n"\ay be, or are required to be, prescribed. ?'"'?--' I 0 20. \-\1110 wever commits any offence by- Pena ltv (a) Contravening any of the provisions of this Act, or (b) failing to cornpi , with (lny direction lawfullv given to him or any requisition lawfullv made to him under this Act. Shall, except as otherwise provided in this Act, be punished with fine which may extend to five thousand rupees. Protection of action taken in good faith. 21. (1) No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of authority for anything which is in good faith done or intended to be done under this Act or the rules made thereunder No suit or other level proceeding shall lie against the State Government or any officer or anv officer or authoritv for anv damage .. J .1"........ caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) 22. No court shall take congnizance of anv offence punishable under this Act, save on complaint made Cognizance of by a fishery officer not below the rank of a District offences. Fishery Officer or a Police-Officer not below the rank of a Sub-Inspector. The provisions of this Act shall ha v e effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, express or imp iied, or in any instrument having effect by virtue of any law other than this Act or in any custom or usage. Act to override other laws.