West Pakistan Fisheries Ordinance, 1961

134 WEST PAKISTAN FISHERll!S ORDINANCE!, 1961 [P. L. D. ORDINANCE XXX OF 1961 W EST PAKISTAN FISHERIES ORDINANCE, 19.61 An Ordinance to amend and consolidate tire law relating to fislreries i11 tire Pro,ince of West Pakistan [Gazette of West P akislan, Extraordinary, 13th December 1961] No. Leg. 3 (30)/61.-T he follo"ing Ordinance by the Governor of West Pakistan is hereby published fo r general informntion : Preamb/e.-Whereas it is expedient to amend and consolidate the law relating to fisher ies in the Province of West Pakistan ; Now, therefore, in pursuance of the Presidential Proclamat ion of the seventh day of October I 958, and having received the prev ious 10strucllons of the President, the Governor of West Pakistan is pleased, 10 exercise of all powers enabling him in that behalf, to make and promulgate the foUowmg Ordinance : 1. Slrort title and extent.-(!) This Ordinance may be called the West Pakistan Fisheries Ordinance, 1961. (2) It extends to the whole of t he P rovince of West Pakistan, except the Special Ai cas. 2. Definitio11s.- ln this Ordinance, unless the context otber:,vise req1:1ires, the following expressions sh all h ave the meaning hereby respectively assigned to them, that is to say (a} " Director of Fisheries" means the Director of Fisheries, West Pakistan, and includes any person appointed by Government to discharge the functions of the Director of Fisher ies under this Ordinance ; (b} "fish" includes shell-fish ; . (c} "fixed engine" means any net , cage, trap, o r other contrivance for taking fish, fixed in the soil or made stationary in any other way ; (d) "Government" means the Government of West Pakistan ; (e} "licence", "permit", "special licence" and "special J?Crmit" mean, respectively, a licence, permit, special licence a nd special permit, issued under this Ordinance or any rule made thereunder ; (/} "prescribed" means prescribed by rules made under this Ordinance~ (g} "priva te water" means water which is the exclusive propeny ?f any person, or in which any peison has for the time being an exclus1,e right of fishery, whc1her as owner, lcsiee or in any other capacity ; V OL. XIV- 1962] WEST P AKISTAN STATUTl!S 135 Explanation.-Water shall not cease to be "private water" with in the meaning of this definition by r~ason only that other persons may have by custom a right of fishery tbereJO ; (h} "water" includes the sea within a distance of one marine lea gue of the sea coast. 3. Appointment of Inspectors of Fislreries.-(1) Government may, by notifica tion, appoint such persons a~ it thinks fit to be Inspector of Fisheiies for the purposes of this Ordinance within such lacal limits as may be specified. (2) Inspector of Fisheries shall be deemed to be public ser, ants within the meaning of section 21 of the Pakistan Penal Code. 4. Powers of tire Direc/or to lease out any water other than privale water.-( 1) The Director of Fisheries, or such other officer as be may empower in this behalf by general or special order in writing, may, fo r a period not exceeding three years, lease out, on such conditions as may be prescribed, the right to catch fish in any water other than private water. (2) Any amount due to Government under the provisions of subsec tion (I}, and remaining unpaid one month after it bas become so due, may be recovered as arrears of land-revenue. 5. PoHer of tire lessee to issue permit.-( !) The person in whose favou r a lease under section 4 is granted, may issue permits in such form, subject to such conditions and on payment of such fees, as may be prescribed, for the taking of fish in the water the right to fish wherein bas been leased to him. (2) A permit issued under subsection (I} shall cease 10 be valid upon the termination or cancellation of the lease in favour of the person issuing the permit. 6. Des/ruction of jislr by explosive.-No person shall use any dynamite or other explosive substance in any water with intent thereby to catch or destroy any of the fish that may be therein. 7. Destruction of jislr by poisoning water.-No person shall put any poison, lime or noxious material into aoy water with intent thereby to catch or destroy any fish that may be therein. 8. Fill, tlra1 shall no/ be taken.-No person shall kill, capture, or possess any species of fish specified in the second column of the First Schedule, of a size less than that specified in the third column of the said Schedule against ,ucb species. 9. Net , fixed engine, trap, etc., slra/1 not be employed without a permit or licencc.-( l} No person shall use or employ for the capture of any species of fish specified in the First Schedule, in any water other than private water, any net, cage, trap or other contrivance for taking fish, or fixed engine, except during the period permitted in respect of such species under the fourth column of the said Schedule and under a licence or permit issut d under this Ordinance. (2) Licences under subsection (I} shall be issued by such authorities, on payment of such fees and on such conditions as may be prescribed. 10. Duty to produce licence or permit on demand made by employees of Fis/reries Department.-Every person in pos~ession of any fi~hing licence or permit shall produce his licence or permit, as the ca~e may be, on a demand made by the Inspector of Fisheries or aoy other person ,,utboriscd in this behalf by the Director of Fisheries. 136 [P. L. D. W EST P AKlSTAN FtSIIERIES 0RD1NANC8, 1961 I I. Powe! lo declare a11y water to be a sa11ct r . . s~and111g anyth ing contained in this Ordi • G uary ;or /islt.-( 1) No1~1lh llon, declare any water to be a s nance, overnmcnt may, by not1fica Schedule fo r a period which may be anct~r~ f?r fish m entioncd in the First person sha ll kill, capture or possess :~;~ 1t ' ~nd during such period 00 under this Ordinance by the Director of Fis:c~i;; thout a specia l permit issued (2) The wa ter in respect of which .6 . . . shall be demarcated in such maone a notibecation u nder this section is made r as ma Y prescribed 12. Duty of Lambardars Villa e w. 1 · Village Watchman, Canal Pa(wari i. W ate ,man, etc.-Eyery Lambardar, Patwan, Tapedar, Supervisin Ta• edar · D. Darogha, Z1lladar, Revenue absence of reasonable excuse t~ givt to . ~ nd Qanuogo s hall be bound in the person authorised in this behalf b t : e nspector o f F!sber!es ?r any other m respect of any unauthorised ncttin~ k"IJ Director of F1shenes, rnformation Ordinance commiLted within the li~ its 1 ~~\?r -~/her offence under this may be, as soon as the commission of ishv1 a/; e or circle, as the case knowledge. sue ouence comes to bis 13. Powers of Magistrate to issue I . reasons to believe that a n offence under th . s~ 1d warrant.- lf a Magistrate has is likely to be committed he may issue a :~ r :°~nee hhas bee o, is beiog, or in which any fish, net tr;p cage or o ther rra~ or t e search of any place engine is kept or con~ealed°. contrivance for taking fish, or fixed . 14. Power to search without uarrant -A ln . . without a warrant from a Magistrate sea re · n · Spector of Fisheries may, s bip, boat, raft, package, recep,tade or ~ 0 : 0t person, vessel, rack\ vehicle, to whether or not an offence under this Ord· e mghso bas to satrsf)'. l11mself as ,naoce as eeo commuted 15. Arrest without warrant for offi d l" · )nsp ect? r of Fisheries may without a warr!~~e;r~:stat/s Ordinance.-(I) ~n ID bis view any offence under sections 6, 7, 8, 9 or 11-y persoo comm1ttrng (a) '.f the name and address of such person are un known to him ; and (b) if such person dec lines Lo .give hi . reason Lo doubt the accuracy of the name ands dndame a~d address, or there is a ress g1 ven. (2) A person arrested under this secllo b . and address have been correctly ascertained ~ may e dctamed until his name Provided that no person so arrested h 1; b ci . necessary for bringing him before a Magfst I e etatned longer than may be Magistrate. ra e, except under the order of a 16. Power of seizure.-An Inspector f F" h . rised in this behalf by the Director of Fishero IS cnes, or any p~rson a utho net, trap, cage o r other contrivance for ale~, may take possess1?n of any suspected lo have beeo used in the c t kmg fisfb, or fixed engrne used or Ordinance. ommission ° an offence under this 17. Penalties.-Whoever (a) contrav~nes the provisions of . with imprisonment of either descriptio ~~t~ons 6, 7 or l l shall be punished or with fine which may e,aend to five hn WdHcd may extend to three months un re rupees or with both · (b) contravenes the provisions of . ' with fine which may extend to one hu!:C~~~~~'. IO or l 2 shall be punished I VOL. XIV- 1962) WLl>, PAKISTAN S rATUlt;S 137 18. Police assistance.-Every police officer shall upon req ucst made by a person employed under this Ordinance assist him in the due discharge of his duties under tnis O rdinance. 19. Persons who may lodge comp/aints.-No Court sh.rll take cognizance of any offence under this Ordinance except on the complaint in writing of an Inspector of Fisheries. 20. Confiscation of any net, trap, cage, etc.-The Court may order the confiscation of any ne•, trap, cagt: or o ther contrivance for taking fish, or fixed eogine employed in the commission of an offence under this O rdjnance. 21 . Jurisdiction as respects offences within one marine league of sea coast.-lf an offoocc in respect of this Ordinance is committed within a distance of one marine league of the sea coast then such offence may be tried punished and in all respects dealt with as 1f 1t had been committed on the land abutting such coast. 22. Protection take11 1111der this Ordimmce.-No suit, prosecution or other legal proce1:ding shall lie against any person for anything which is in good fJith done or intended to b~ dooc 10 pursuance of any provisions of this Ordinanc~ o r the ru les made thereunder. 23. Power of Go,-a11111e11t to add or exclude from First Schedule. Government may, by not11icat1on, (i) add to or exdudc from the First Schedule any species of fish subject to such conditions as 11 may impose in each case ; (ii) alter the period during which any tish specilkd in the First Schedule may b~ killed o r captured. 24. Power to compound certain offe11ces.-(I) Government may, by notification, empower an Inspector of Fisheries (a) to accept from any p~rson concerning whom evidence exists which if unrebutted would prove that he bas committed aoy offence as describ~d in the first column of the Second Schedule a sum of money by way of composition for tbe offence with regard to which such evidence exists, and on the pay ment of such sum 10 such officer such person if in custody shall be disehargtd and oo further proceeding~ shall be taken against him; (b) when any property bas been seized as liable to co11fiscatioo, lo release the same without further payment, or on payment of the value thereof as estimated by such officer, and on the payment of such value such property shall be released and no further proceeding.; shall be taken in respect thereof. (2) The su m of money which may be accepted by way of composition under clause (a) o f ~ubsectioo (I) for any offence shall in no case exceed the amount mentioned against such offence in the second column of the Second Schedule. 25. Delegation of powers .-Government may, by ootifica tioo, delegate all or any of the powers conforr.!d upon it undsr the provisions of this Ordi nance to any officer subordinate to it. 26. Power to make rules.-(1) Government may make rules for the purpose of carrying into effect the provisions of this Ordinance. (2) In particular and without prejudice to the generali1y of the foregoing power, such rules may prescribe (a) the form in which, and the terms and conditions on wbiclt, a licence or a permit or a special licence or a special permit may be granted ; 138 Wesr PAKISUN FISlfERIES ORDINANCE, 1961 [P. L.n. (b) the authority by which licences under this Ordinance may be granted ; (c) the fees to be charged for any licence or permit or special licence or special permit ; (d) the conditions subject lo which the Direc tor of Fisheries may lease the right to catch fish under this Ordinance ; (e) in the case of any spec ies of fish, the number and sex that may be killed under a licence ; (f) the rewards to persons who render help in detection of offences under this Ordinance ; (g) the utilization of receipU. recovered under this Ordinance ; (h) prohibit or regulate all or any of the following matters (i) the erection and use of fixed engines ; (ii) the construction of weirs ; and (iii) the dimension and kind of nets, cages, traps or other contrivances for taking fish lo be used and the modes of using them. (3) Such rule~ may provide that a breach thereof shall be punished with a fine not exceeding fifty rupees. 27. Repeal and sa,•ings.-( I) The following enactments a re he reby repealed: (a) The Punjab Fisheries Act, 1914 ; and (b) The Bahawalpur State Fisheries Act, 1951. (2i Notwithstanding the repeal of tb~ enactments men1i?ned in sub section (I), everything done and all actions taken, obllg:n1on, hab1luy, pc~alty or punishment incurred, inquiry or proceeding commenced, o!Iicar appointed or person authorised, j urisdic1ioa or power conferred, rule made and li~ancc or order issued under any of the said enactments shall, 1f not inconsistent with the provisions of this Ordinance, cont111uc in force and be deemed to have b~en respecL1vely done, taken, incurred, commenced, appointed, autho rised. conferred, made or issued uoder this Ordmance. Serial No. 1 I 2 3 4 5 FIRST SCHE DULE (Section 8) [Species of fish and prohibitions] Species of fish. Size. Period during which taking of tbc fish by any net, cage, trap or fixed engine is prllh1bitcd. 2 Trom Mahashair Ra hu Mori Thaila 3 Inches 9 12 12 12 12 4 10th October to 9 th March. lst June to 3 1st August. l stJune to 3 1st August. 1st June lo 31st August. 1st June lo 31st August. ------------------------------- \ VOL. XIV-1962) WEST PAKISTAN STA1UTES 139 SECOND SCHEDULE (Section 24) Maximum amount acceptable by way of composition for certain offences Serial No. 2 3 4 5 6 7 Description of offences. Fishing with a net having a smaller mesh than the prescribed mesh. Fishing without a licence. Killing fish of a size Jess than the pres cribed size. Fishing with any gear or method other than that permitted under the rules ... Using at any one time more than two of either or any of tbe gears permitted under the rules. Licence-bolder employing or engaging non-licenses to help him with his nets while fishing. Offering or exposing for sale or barter any fish in contravention of the pro visions of this Ordinance. Maximum amount which may be accepted as composition. Twenty-five rupees. Twenty-five rupees. Twenty-five rupees. T wenty-five rupees. Twenty-five rupees. Twenty-five rupees. T wenty-five rupees.