Madhya Pradesh Fisheries Act, 1948 (Act No. 8 of 1948)

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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 Madhya Pradesh Fisheries Act, 1948 Act 8 of 1948 Keyword(s): Fish, Fishery Officer, Fixed Engine, Protection, Conservation and Development of Fisheries 196 THE I\fADHYA PRADESH FISHERIES ACT, 1948 No. 8 of 1948 TABLE OF CONTENTS P1eamble Sections 1. Short title extent and commencement 2 .. Definitions. 3. Protection of fisheries by making rules. Page 197 197 198 4. Power to prohibit sale of fish. 199 5. Penalties. 200 [5A. Cognizance of offence. 200 6. Arrest without warrant for offenc,::: under the Act. 200 7. Jurisdiction inferior to that of Magistrate of the 200 second class excluded. 8. Power to compound offences. 200 9. Officers to be deemed public servants. 201 10. Indemnity. 201 l 1. Repeal. 201 THE SCHEDULE 201 .. THE MADHYA PRADESH FISHERIES ACT,1948 (No. 8 of 1948)1 (Received the assent of the Governor on the 26th March 1948 ; assent first published in the Central Provinces and Berar Gazette on the 2nd April, 1948.) An Act to provide for the protection, conS(.;i'V<,U.on and development of fisheries in [Madhya Pradcsh.] 2 Preamble. Whereas it is expedient to provide for the prnlcclion, conservation and development of fisheries in [Madhya Pradesh.] 2 It is hereby enacted as follows :. 1. Fisheries (1) This Act may be cited as the [Madhya Pradesh]3 Act, 1948. [ (2) It extends to and shall be m force 111 the whole of Madhya Pradesh.]4 [ (3) •. ] 5 2. subject In this Act, unless there is anything repugnant m the or context, (i) "fish" includes shell fish and fish m all stages in its life history ( ii) "Fishery Officer" means such officer as the S tate Government may appoint for the purpose of this Act and includes any officer or class of officers empowered by the State Government to act as Fishery Officer: Provided that no Police Officer below the rank of Sub Inspector shall be so empowered ; (iii) "fixed engine" means any net, other contrivance for taking fish, soil or made stationary in any other (iv) ''Private water" means water cage, trap fixed m way or the 1. For statement of Objects and Reasons, see Central Provinces and Be rar Gazett,e dated tbe 26th September, 1947 Part II, page 277. For Report of Select Committee, see Central Provincos ar,d Berar Gazette, dated the 16th January, 1948, Part II, page 18. For Proceedings in Assembly, see Central Provinces and Berar. Legislative Assembly Proceedings. 1947, Vol. IV, pages 14-27 of No. 14, dated the 30th October, 1947 and Vol. V, pages 62, 64 of No. 4., dated the 4th March, 1948 . 2. Subs. by A, 0. 1950, for "the Central Provi;,ccs a,,d ::1c;·cr". 3. Subs. by M.P. Act 23 of 1958, S. 3 (4), for "Central Provinces a nd Berar". 4. Subs. ibidi S. 3 (3) Sch, Part A, item 52. 5. Omitted ibidi. 197 Short tittle, extent and commencement, Definitions. 198 Protection of fisheries by making rules. THE MADHYA PRADESH FISHERIES ACT, 1948 (a) Which is the exclusive property of any person,or (b) in which any person has for the time being an exclusive right of fishery whether as owner, lessee or in any other capacity. but does not include any river, canal, stream, jhil, or any piece of water which ordinarily has direct communication with any river, canal, stream or jhiI. Exp lanation.-W atcr shall not cease to be "Private water" within the meaning of this definition by reason only of the fact that persons other than the owners may have by custom a right of fishery therein ; (v) "pn:::scribeu" means prescribed by rules made un-der this Act. 3. (I) The State Government after previous publica-tion may make rules for the purpose hereinafter in this section mentioned and shall in such rules declare the waters, not being private water to which all or any of them shall apply. (2) The State Government may, by notification, apply such rules or any of them to any private waters with the con-sent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein. (3) Such rules may,,-. (a) Prohibit or regulate all or any of the following matters, that is to say (b) (c) (i) the erection and use of fixed engines (ii) the construction, temporary or permanent, of weirs, dams and bunds ; (iii) the dimension, size of mesh and kind of nets to be used and the mode of using them ; ( iv) the use of more than one method of catch-mg fish at one time prohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow, arrow or the like in inland waters prohibit the destruction of, or any attempt to destroy, fisl1es by using a chemical or any other substance likely to cause pollution of water ; prohibit the throwing into any water of any solid or liquid which may be harmful to fishes in such water; THE MADHYA PRADESH FISHERIES ACT, 1948 ( e) prohibit fishing except under a licence and regulate the grant of such licences, the fees paya ble therefor and the conditions to be inserted therein; (ff) (fff) (g) prohibit sale or purchase of fish or transport or movement of fish within or outside the State in excess of the prescribed quantity except under a licence; prescribe the seasons during which (i) (ii) the killing or catching of fish of any presc ribed species shall be prohibited; sale, movement or transport of any presc ribed species shall be prohibited except under a licence; regulate the grant of licences under clause (f) and sub--clause (ii) of clause (ff), and/or prescribe the fees payable therefor and the conditions to be attached thereto; and]1 prescribe a minimum size or weight below which no fish of any prescribed species shall be sold. (4) Such rules may also prohibit all fishing in any speci fied waters for a specified period. (5) In making any rule under this section the State Governement may provide for [ ( a) the seizure, removal and forfeiture of any fixed engine, apparatus or equipment erected or used for fishing in contravention of the rules; (b) the forfeiture of any fish procured by means of any such fixed engine, apparatus or equipment or transport!:' d in contravention of the rules; and (c) the seizure, removal and forfeiture of any animals, carts, vessels, rafts, boats or vehicles used for transporting on catching fish in contravention of the rules.]2 . 4. The State Government may by notification prohibit m any specified areas the offering or exposing for sale or barter of any foh capture of which has been made unlaw ful by any rule made under section 3 of this Act, although cau ght outside I Madhya Pradesh]3 and although their capture might be legal at the place where caught. 1. Subs. by M. P. Act 3<+ of 1981 S. 2 (a). 2. Subs. by M.P. Act 34 of 1981 S.2 (b). 3. Subs. by M.P. Act:;::; l,f i9:i8, S.:'. .. (3), Sch, Part A, it~m 52, for "Mahakcshal refion'. 199 Power to prohibit sale of fish. 200 THE MADHYA PRADESH FISHERIES ACT, 1948 Penalties. Cognizance of offence. Arrest without warrant for offence under the Act. Jurisdiction inferior to that of Magistrate of the second class excluded. Power to compound offences. [5. If any person contravenes any of th~ provisiom of this Act or rules made thereunder, he shall 01 convication be mrnishable with imprisoment for a term which may ext.~nd to o~e year or with fine which may extend to five thousand rupees, or with both. 5-A. Every offence under this Act shall be con<snizable.] 1 6. (1) Any Sub-Inspector of Police, or other person speciailly empowered by the State Government in this behalf may, without warrant, arrest any person committing or attempting to commit a breach of any provisions of this Act or r,rles made thereunder if the person declines to give his name and address or if there is reason to doubt the accuracy of the name and address, if given. (2) A person arrested under this section may be detai-ned until his name and address have been correctly ascertained: [Provided that no person so arrested shall be d~taine:l loni-ger than may be necessary for bringing him before a Jud-cial Magistrate except under an order of the Magistrate for his detention according to the provision of foe Code of Criminal Procedure, 1973 (No. 2 of 1974) J.2 [(3) All Fishery Officers shall have the same pow ers of search, seizure and investigations in respect of an offence under this Act as a Police Officer of the rank of a Sub-Inspector has under the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) ]3 7. No Cou,rt inferior to that of a Magistrate of the second class shall try any offence under this Act. (21 No court shall take cognizance of any offence under this Act, except on a report in writing of the facts constituting such offence made by a Fishery Officer or a Police Officer not below the rank of Sub-Inspector or any other person or class of person authorised by the State Government in this behalf. 8, [(I) An:y offence specified in the Schedule may be compounded by the Collector by acceptance of a sum not exceedb1g one thousand rupees. J1 . (2) On composition of an o~ence, the accu,ej srnll be discharged and property seized from h1s p;:memn shall oe cde- ,· ased. 1. Subs. by M. P. Act 34 of i981, S. 3. 2. Subs. by M. P. Act 34 of 1981, S. 4. (a). 3. Subs, by S. 4 (b), ibid. • THE MADHYA PJ:tA.1)~:.tt 1:'l.:iH.bKln.::, .t\.vJ., .,,..., 9. All persons empowered to exercise powers and per forms duties under this Act shall be deemed to be public ser vants within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860). 10. No suit, prosecution or 'other legal proceeding shall, lie against any person for anything which is in good faith~ done or intended to be done under this Act. ·· 11. The Indian Fisheries Act, 1897 (IV of 1897), in its application to the Central Provinces and ~,Berar is., hereby repealed. THE SCHEDULE Offences compoundable under section 8. DESCRIPTION 1. Fishing with a net having a smaller mesh than that prescribed under the rules made under this Act. 2. Fishing without a licence. 3. Selling or attempting to sell fish of a size or weight less than the standard prescribed under this Act. 4. Killing or catching or selling or attempting to kill, to catch or sell any fish of a prohibited species during a close season. [ 4-A. Transporting or attempting to transport any fish of a prohibited species during a closed season except under and in accordance with the condition of the licence granted under the rules; 4-B. Selling or transporting or attempting to sell or trans port fish in excess of the prescribed quantity except under and in accordance with the conditions of the licence granted under the rules;] .1 5. Fishing or attempting to fish with any gear or method other than the prescribed gear or method. 6. Using at any one time more than one method of cat ching fish when prohibited under the rules made under this Act. 7. Licence holder employing or engaging nonlicensees to help him with their nets while fishing. 8. Fishing or attempting to fish in prohibited waters. 9. Offering or exposing for sale or barter any fish, the sale of which is prohibited in any specified area by a notifica tion issued under section 4. I. lns. by M. P. Act 34 of 1981, S. 6. ,,,, Officers Ito be deemed gublic servants. Indemnity. Repeal.