West Bengal Inland Fisheries Rules, 1985 (No. 158(I))

Registered No. WB/SC-247 The Calcutta Gazette Extraordinary Published by Authority Annex- I: No.13S0) VAISAKHA (16) Mondav. May 6, 1985 (SAKA 1907) PART - I: Orders and notifica.tion bv the Governor of West-Bengal, the ~ ~, High Court, Government Treasury, etc. GOVERNMENT OF WEST BENGAL FISHERIES DEPARTMENT NOTIFICATION \r0. 1979-Fish/C-I/2CJth April 1935. In exercise of the Sower conferred by section 19 of the West Bengal Inland Fisheries Act, 193-1 (\Vest Ben ..-\ct XXV of 198..1). the Governor is pleased to make the following rules, namely : THE \VEST BEANGAL INLAND FISHERIES RULES, 1-183 CHAPTER - I General 1. Short Titles: These rules mav be cClUed the West Bem;al Inland Fisheries Rules. 1985 2. Definitions: (1) In these rules unless there is anything repugnant in the subject or context (a) U the act" means the West Bengal Inland Fisheries Act 19,';;-1: (\ \-est Ben. Act XXV of 193-1:) ; (b) "Section" means a section of the Act; (2) Any expression used but not defined in tht'se rules s ha ll h:ne the sante meaning clS defined in the Act 234 CHAPTER- II Proper Utilization of multi-ownership or other tanks (3) Prevailing norms of proper utilization of multi-ownership or other tanks. The prevailing norms (If pisciculture shall mean and include. (a) The embankment (If the tank shall be such as to prevent unregulated ingress or egress of water ; (b) The tank shall be deweeded regularly so that at least three fourth of the waterbody remain free from weeds ; (c) The stocking of fish seed in the tank shall be at least four thousand caltivable carps or at least eight thousand other cultivuble species per ha. Explanation: For the purpose of this rule cultivable carps shall mean and include rohu, catla, mrigal, calbasu, silver carp, grass carp and common carp and other, cultivable species shall mean and include magur, singhi. kai. puntias javanias. bata. sarpunti, gaIda, bagda, parse, bhangan and bhetki. (d) These shall be supplementary feeding, manuring arid liming as mav be required in a gi\'en condition and as the competent author irv mav consider reasonable. 4. Notice and manner of serving notice: (1) The notice as per subsection (l) of section 8 shall be served on every owner and occupier of the tank inviting their objection as to the intention of such taking over the management and control of such tank, The notice shall also be served bv the hanging a copy thereof in a prominent place near the tank in the presence of at least two witnesses of the locality. (2) If after due deligence, any owner or occupier is found not available, the notice may be served on an adult male member of his family, o. Disposal of objections : If any objection IS received within the date specified in the notice, the competent authority shall consider the same by giving a personal hearing to the objector or objectors. If he finds the objection reasonable, he shall accept the same by gi\'ing the reasons in writing therefore and shall issue an order cancelling the notice und er rule ..J.. If, however. he finds the objection unreasonable or otherwise not 235 tenable he shall reject the same after giving the reasons in w ri t iru; therefore arid shall proceed to take further action. 6. Take over: \Nhere no objection has been received or where a nv objection has been rejected, the competent authority shall issue an order stating that the Government has taken over the management arid control of the tan k and the copies at such order shall be published by affixing on the official notice board and in a prominent place ncar the tan k and shall also be served on the owners and occupiers of the tank in the manner prescribed in rule 4. 7. Taking possession: Immediately after service of the order as per rule 6 the competent authority or an officer authorised by him in this behalf shall take over physical possession of the tank. 8. Rent: The rent payable per annum to the co-shares or co-owners of a multi-ownership tank for taking over the management and control of a tank shall be assessed at the rate of four percentum per annum of the market value of the tank. In addition, the co-shares or co-owners shall also be paid a reasonable non-recurring lump sum amount on account uf am" fish not removed bv them. ~ , 9. Appointment amongst co-shares or co-owners: The rent payable under rule S shall be apportioned by the competent authority to each co-sharer or co-owner in accordance with the nature and extent of share or interest held by each such co-sharer or CO-O\\"1ler as the case may be after rna kine necessary local enquiry, 10. Claims: After determination of the rent ZlS per the foregoing rule and apporprtionrnent therefore, the competent a u thor itv shall intimate the quantum of such rent receivable by each person holding an interest in the tank and asking them to submit their respective claims. 11. Payment of rent: Such claims shall be paid off annually bv the competent authority after due verification within a period of six months from the date of receipt of claims. 12. Utilisation of tank after taking over : After a tank is taken over tor management and control, the competent authority shall either arrange to start pisciculture therein by the officer and staff under him or arrange to transfer it to some other person for starting pisciculture in accordance with the prevailing norms. 13. Notice of transfer: Where the competent authority decides to transfer the management and control of a tan k to any person for proper utilisation, he shall issue a notice stating such intention and the copies of such notice inviting applications shall be published in his own office and in the office of the Gram Panchayet having jurisdiction over the tank. 14. Manner of selection of lessee: (1) All eligible persons making the tank on lease shall be exam.ined by the competent authority by giving an opportunity of being heard to all of them and thereafter the competent authority shall select a person who in his opinion is the best suited for the purpose having regard to his experience and financial capability arid any other factor incidental to the proper control, management and utilisation of the tank. ( ".-) While selecting a person for the purpose, the competent authoritv may give preference to a fish production group of a fishermen's co operative society or a co-owner or co-sharer of the tank if they are found otherwise fit. 15. Execution of lease deed and transfer of possession After selecting a person as per the foregoing rule the competent authority shall transfer the possession of the tank to such person on his execution of a lease deed. 16. Method of assessment of rent: The rent payable per annum by a. person to the competent authority for taking the tank on lease shall be assessed at the rate of four and a quarter percentum per annum of the market value of the tank. In addition. the lessee shall also pa~' to the competent author itv a reasonable non-recurring IUl11p sum amount on account of any fish not removed by the competent authority. CHAPTER - III Fish production Group 17. Fish Production Group: Not less than eight and not more than twentv r'd:-;c)]lS may apply to the District Fi~hery Officer tor forming thL'111~L'hl':-' into a fish production group with the object of efficient production arid sal,. of fish in a collective WZl\'. 18. Application: The appl ica tion for formation of a fish production group shall be made in the prescribed form appended at Schedule I to these rules. 19. Qualifications: AI! the members of a group shall be adult individuals preferably residing in the same or adjoing areas and shall together not less than four hectares of water area in the aggregate. 20. Associate member: In addition to the members referred to in rule 17 Zl fish production group may also include not more than two persons as associate members who shall have a right to attend a meeting of the group but shall not have any right to vote in any such meeting. 21. Registration: After receipt of an application for registration of a grclI.lp, the District Fishery Officer shall. after making such enquiry as he 111Zl\' deem fit and proper and on being satisfied about the object for which the group is to be formed and about the fitness of the members for achievement of that object, issue a certificate of registration and shall enter the relevant p ar ticulars in respect of the group in a register to be maintained for this pUrp(1se. " Validity: The registration of a group shall remain valid until the same IS cancelled by the District Fishery Officer. 23. Meeting: A group shall hold at least one meeting in e\'er)' three months and one annual general meeting and all annual general meetings shall be presided over the Fishery Extension Officer haviru; jurisdiction ,)\'1..'1' the Wet tel' areas possessed bv the members of the group. 24. Rights and duties: the rights and duties of the members of J group inter se and those between the group and the associate members shall be such ZlS the members mav decide from time to time in Zl meeting. 238 Removal and inclusion of members: The group may remove an existing member or may include a new member at any time if such rernova l of inclusion is approved by <111 other members in <1 meeting. 26, Books and Accounts: The group shall maintain such books and accounts as the District Fishery Officer may from time to time direct. 27, Reports and Relurns : The group shall submit such reports and returns to the District Fishery Officer with a cop:.' to the concerned Fishery Extension Officer as may be required by the Director of Fisheries, West Bengal, by a notification, 28. Cancellation of registration: The District Fishery Officer may after giving to the group an opportunity of being heard, cancel the registration of a group on any of the following grounds: (a) That the majority members of the group have decided in a meeting to dissolve the group; (b) that the group is not functioning for more than a year; (c) that the group has become unable to function towards achieving the object for which it was formed; (d) that the number of members has failed below eight; (e) that the registration of a group was obtained on the basis of am' wrong information on any material point; (f) that the group has persistently violated the provls1Ons of the Act arid the rules, or neglected to abide by any direction lawtully issued by the District Fishery Officer. 29. Formation of Central Fish Production Group: An application made by not less than 20 Fish Production Groups within the jurisdiction of a District Fishery Officer the Director of Fisheries may register a Central Fish Production Group, On the registratiml of such a Central Group, J.\l the Fish Productions Croups w ith in the aforesaid jurisdiction shall be affilia tcd to that Central Croup. 6 30. Managing Committee: The affair of a Central Group shall be managed bv a Managing Committee of not less than six and not more than twelve members to be elected every year by the affiliated Groups provided that not more than to such members may be nominated by the Government for each Central Group, 31. Bye-laws: The power and functions of a Central Group and its internal management shall be such as may be provided in the bye-laws prepared by each such Central Group with the approval of the Director of Fisheries. 32. Appex Group: All the Central Fish Production Groups in the State may form themselves into an Appex Group and on receipt of an application from the Group the Director of Fisheries may register the Appex Group, The affair of the Appex Group shall be managed by a Managing Committee of not less than six and not more than twelve members to be elected every year by the affiliated Central Groups, provided that not more than two such members may be nominated by the Government. The powers and functions of the Appex Group and its internal management shall be such as may be provided in the bye-laws prepared by the Appex Group with the approval of the Director of Fisheries. CHAPTER-IV Levy of Fish 33. Levy Roll: The competent authority on .the 'basis of his own information or otherwise shall prepare a levv roll showing therein the name and address of the dealers, the quantum and species of fish to be delivered by them, the procurement agent to 'whom such delivery shall be made and other relevant particulars: Provided that for the purpose of rules under this Chapter a dealer shall mean and include a catcher, a wholesaler. an importer, an auctioneer and a commission agent of fish. 34. Publication of levy rolls: The levy roll prepared under rule 33 shall be published in the office of the competent authority and copies thereof shall also be served on the dealers affected by the levy roll. 7 35. Objection: If any objection is received by the competent authoritv against any levy within thirty days of its service to a dealer affected, the competent authority shall consider such objections by giving to the objecting dealer an opportunity of being heard. 36. Final levy roll : After considering the objections under the foregoing rule, the com.petent authority shall forward to the Government the levy roll, the objections, if any received against the levy roll and his views on those objections. On considering the objections if any, and the views of the competent authority on those objections, the Government shall prepare the final levy roll and send the same to the competent authority for publishing the same in his office and for serving relevant parts thereof to all dealers affected by that levy roll. 37. Procurement Agent: A 'procurement agent' for the purpose of the rules under this Chapter means a person who has been appointed by the gO\'ernment for procurement of levy fish at specified rates from the dealers of fish and for sale of such fish to the consumers at the rates specified by the Covcrnment. 38. Quantum of Fish: The quantum of fish to be delivered by a dealer shall be ten per cent by weight of the fish dealt in by the respective dealers in J year and shall be delivered to the procurement agent throughout the year in instalments on two fixed dates of every week. 39. Delivery: The dealer shall deliver at his usual place of business, the specified quantu.m of levy. fish to the procurement agent specified in the levy roll. 40. Rebate: A rebate or 'dhalta' on the weight of levy fish shall be allowed at the rate of five per cent by the dealer to the procurement agent. 42. Procurement Price: The procurement price payable by the procurement agent to the dealer for different species of levv fish shall be such as mClY be fixed by the Government from time to time by notification. 42. Quality: The dealer shall deliver to the procurement agent stand cud quality of fish fit for human consumption and any dispute regarding quality and fitness for human consumption shall be decided by the conipetent authorirv whose decision shell!' subject to the provisions c1 f the Act and these rules, be final. 43. Payment: The procurement agent shall IT\JKC pavrnent to the dealer for the levy fish taken delivery of by him w i thin fortyeight hours of such delivery failing which he shall be liable to pZlV interest at the rate of eighteen per cent per annum on any outstanding amount. 44. Entry, search and seizure: The requiring authority or a police officer not below the rank of Assistant Sub-Inspector with a view to securing the del iverv of levv fish 111.av • .J , (a) inspect or cause to be inspected and document or books of account as well as any stock of fish belonging to a dealer; (b) require any dealer to give any information of his possession with respect to any purchase or sale or shortage of fish; (c) stop and search the person and vehicle or vessel or animal used or suspected of being used for delivery of fish from premises where he has reason to believe that fish are stored; (d) enter and inspect or break upon and search at anv time between sunrise and sunset and premises where he has reason to believe that fish are stored: Provided that in exercising the powers under this rule regard shall be paid to the social and religious custom of the occupants of the places and premises, vehicles or vessels : Further provided that the requiring authority or police officer shall have power to take such aid or assistance (IS ma;: be necessar:-' for taking any action under this rule. 43. Exemption: The Government having regard to the conditions prevailing in any locality and if it finds it necessary to do so in the public interest may be notification exempt, subject to a.ny condition as it may think fit to impose, (lny class or classes of dealers from the operation of the provisions of the rules under this chapter. SCHEDULE - I (Rule - 18) Form of application for registration of fish production Group. T o The District Fishery Officer, (Fishery) Dis tric t. Sir, We, the undersigned persons, of whom relevant particulars have been gi\'en in list 1 appended, have resolved to fOrTT\ a fish production group in terms of section 10 of the West Bengal Inland Fisheries Act, 198-1: (West Ben, Act XXV of 1984) and rules made thereunder initially with the tanks the particulars of which are gi\'en in list 2 appended. ') It has been resolved by us that initially Shri/Sm shall function as the Leader and Shri/Sm shall function as the Deputy Leader of the Group. 3. The name of the group shall be and its office shall be located at ............................................................................. (full address stating localitv. c . \illage, post office, police-station, block and district). 4, The object of the group shall be : (a) (b) (c: 5. \\'e are to request you to please register the group as per rules and communicate to us the fact of such registration in due course. Place . !O OJ te . 1. 3. 5ignJture . 243 LIST - I NJl11es and particulars regtlrding the members <mel associate members of fish production group. o 0 51. Name Fa ther's Age Address Educational Main and Details of Area of tank Nature of Remarks No. name qualification subsidiary experience in under right in the occupation pisciculture possession tank (in ha.) I 2 3 4 5 () 7 R <) Jll I 1 11 f 2 LIST - 2 Particulars of the tanks possessed by the ml'mbers of . ...... I'd) prod net ion groups o r (,J ';) Application of I Remarks cowdung in ];),;I :2 VI' ,\ rs .. ... , I I Liming made in ")S~ :2 \'(',1 rs ll , I I 7 I s present history i1~in~~ 51. Local name and Area in ha. Name. address present Depth. No. location with Dag. etc. or 0\'\'nCf5 production state anc No.z'Khatian No. and I)OSSI'.c,.c;ors in Kg./ln or ell'.' and MOltZ;) 1 2 3 'I 5 () -- . ---- - . . . Bv llrdL'I (lIthe ('l)\'l'IT1l1r, H.C. 5/\1,1\1/\ ~ec\'. [(1 the Covt (1( West Benge)!. Ovl/17.1.86