State Act

The Madhya Pradesh Fisheries Act 1948

Act no. 8 of 1948194811 sectionsIn forceMadhya Pradesh (State Act)

Short title, extent and commencement

1. (1) This Act may be cited as the 4[MADHYA PRADESH] Fisheries Act, 1948 5[(2) Extends to and shall be in force in the whole of Madhya Pradesh]. 6[(3) ..............................]

Definition

2. In this Act, unless there is anything repugnant in the subject or context, - (i) "fish" includes shell fish, and fish in all stages in its life history; (ii) "Fishery Officer" means such officer as the State Government may appoint for the purpose of this Act 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, cage, trap or other contrivance for taking fish fixed in the soil of made stationary in any other way; (iv) " private water " means water-- (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 jhil. Explanation:- Water 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) "prescribed" means prescribed by rules made under this Act.

Protection of fisheries by making Rules

3. (1) The State Government after previous publication may make rules for the purpose hereinafter in this section mentioned and shall in such rules declare the waters, not being private waters, 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 consent 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-- (i) the erection an use of fixed engines; (ii) the construction, temporary or permanent of weirs, dams & 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 catching fish at one time; (b) prohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow, arrow or the like in inland waters; (c) prohibit the destruction of, or any attempt to destroy fishes by using a chemical or any other substance likely to cause pollution of water; (d) prohibit the throwing into any water of any solid or liquid which may be harmful to fishes in such water; (e) prohibit fishing except under a license and regulate the grant of such licenses, the fees payable therefor and the conditions to be inserted therein; (f) prescribed the seasons during which the killing, catching or sale of fishes of any prescribed species shall be prohibited; and (g) 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 specified waters for a specified period. (5) In making any rule under this section the State Government may provide for-- (a) the seizure, removal and forfeiture of any fixed engine or apparatus erected or used for fishing in contravention of the rules, and (b) the forfeiture of any fishes taken by means of any such fixed engine on apparatus.

Power to prohibit sale of fish

4. The State Government may be notification prohibit in any specified areas the offering or exposing for sale or barter of any fish capture of which has been made unlawful by any rule made under section 3 of this Act, although caught outside 1{Madhya Pradesh} and although their capture might be legal at the place where caught.

Penalties

5. If any person contravenes any of the provisions of this Act or rules made thereunder, he shall on conviction be punishable with imprisonment for a term, which may extend to three months or with fine, which may extend to five hundred rupees or with both.

Arrest without warrant for offence under the Act

6. (1) Any Sub-Inspector of Police, or other person specially 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 rules 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 detained until his name and address have been correctly ascertained; Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate except under an order of the Magistrate for his detention according to the provisions of the Code of Criminal Procedure 1898. (3)All Fishery Officers shall have the same powers of search and investigation 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, 1898.

Jurisdiction inferior to that of Magistrate of the second class excluded

7. (1) No Court inferior to that of a Magistrate of the second class shall try any offence under this Act. (2) 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 persons or calls of persons authorized by the State Government in this behalf.

Power to compound offences

8. (i) Any offence specified in the Schedule may be compounded by the 1(Collector) by acceptance of a sum not exceeding one hundred rupees. (2) On composition of an offence, the accused shall be discharged and property seized from his possession shall be released.