Short title, ex- tent and com- mencement.
Detinitions
162
THE ARUNACHAL PRADESH
FISHERIES ACT, 2006
(ACT NO. 5 OF 2006)
(Received the assent ol the Governor on 12-04-20061
AN
ACT
to provide for proper management, conservation and development of natural lisheries resources in the State of Arunachal Pradesh.
BE it enacted by the Legislative Assembly ol Arunachal Pradesh in the Fifty-seventh Year of the Republic of lndia as Iollows :-
1. (1) This Act may be called the Arunachal Pradesh Fisheries Act, 2006.
(2) lt extends to the whole of Arunachal Pradesh except the Reserved Forests; Wildlile Sanctuaries, National Parks and Protected Forests as notified by the Government ol Arunachal Pradesh from time to time.
(3) lt shall come inlo lorce on such date as the Slale Government may by noti{ication in the Official Gazette, appoint.
2. ln this Act, unless the context otherwise requires,
(1) 'The Government" means the Government of Arunachal Pradesh ;
(2) "Deputy Commissioner" means Deputy Commissioner of a District which includes Additional Deputy Commissioner;
(3) "Fishery Office/' means any Otficer appointed by the Government as Oistrict Fisheries Development Otficer or, Fishery Officer for the purpose of this Act to exercise the powers and perform the duties as District Fisheries Development Ofricer and Fishery Otficer respectively;
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8, Every rule made under this Act shall be laid, as soon as may be after it is made, before the House oI Stales Legislature, while it is in session and il the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall therealter have etfect only in such modified lorm or be of no effect, as the case may be ; so, however, that any such modi{ication or annulment shall be without preludice to the validityol anything previously done under that rule.
9. No suit, prosecution or other legal proceedings shall lie against the State Governmen't or any otficer ol the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
Rules to be
iaid before
Legislature.
Protection ol
action taken
in good taith.
Provided that no order shall be made under this section after the expiry of two years {romthe commencemenl of this Act.
Note : Published in the Arunachal Pradesh Gazette Extraordinary No. 26 Vol. XIV dated 30th March,
2006.
10.The provisions of this Act shall be in addition Applicationof to, and not in derogation of the provisions of any other other laws not law Ior the time being in force. barred.
11 . (1 ) lf any difficulty arises in giving effect to the Power to provisions o{ this Act, the State Government may, by remove order published in the Off icial Gazette, make such difficulties. provisions nol inconsistent with the provisions of this Act as may appear to be necessary lor removing the difficulty:
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislalure.
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(4) "Fish" includes Iin fish, shell fish, tortoise and any other aquatic animals of economic
importance;
(5) "Fishery'means the water bodies declared to be a fishery by proclamation issued under section 3 of this Act and will not include any such water bodies on which indigenous communities have acquired customary rights of lishing;
(6) "Prescribed" means prescribed in the rules f ramed under the Act;
(7) "Private Wate/' means water bodies which are the exclusive property ol any person or in which any person has, Ior the time being, exclusive right Ior Fishelies enhancements whether as owner, lessee or in any other capacity ; and
(8) "Fixed Engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or, made stationary in any other way.
3. Right to fisheries shall be determined as follows:
(1) The Fishery Department shall manage all the natural water logged and swampy areas, lakes, beels, Fish Mahals, Rivers and Streams.
(2) The revenue earned lrom the natural resources developed and where pisciculture practices have been taken up bythe Department ol Fisherieswall be deposited in the Departmental Head olAccount.
(3) The revenue earned from other natural lishing areas where no pisciculture practices are involved, the revenue would be shared as under:
(i) 50 per cent ot the revenue would be deposited in the public exchequer.
(ii) 50per cent of the revenue would be shared by the bodies (e.9. Gram Panchayat, Anchal Samity, Zilla Parishad as the case may be) or, in such proportions as may be prescribed in the rules.
Right to
Fisheries
Destruction of fish by explo- s ives or by bimilar/allied substances. Destruction of fish by poison- ing waters. Power to make rules.
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(4) The Deputy Commissioner with the permission/ sanction ol the Government and in consultationwith lhe concerned District Fisheries Development Olficer may, by notif icationin the prescribed manner, declare any group of water bodies, running or stagnant, except privale waters to be a fishery and shall be declared/ deemed to be acquired by the public or any persons (if interested lor the Fisheries development), immediately alter the enactment of this Bill and the rulesmade thereunder.
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4. ll any person uses dynamite or any olher explosive substances like crackers, hand grenade or similar explosives in any water intentionally, thereby to catch or destroy fishes therein, he/she shall be punishable with imprisonment, for a term which may exlend to lwo months, or with fine which may extend to two thousand rupees or with both.
5. (1) ll any person puts any poison, lime or any noxious materials into any.water, with the intention, to catch or destroy any lishes, he/she will be punishable with imprisonment Ior a term which may extend to two months, or with fine which may extend to two thousand rupees or with both.
(2) The provisions of sub-section (1 ) of this section will not debar the Fisheries Department to use such poisons and other materials, as stated therein lor the specific purpose of destruction ot any fish/allied species or predators in any water, either directly or indirectly, underthe controlof Fisheries Department o( elsewhere. 6.(1 ) The Government may, by notification in the Official Gazette, make rules, in respect ol all "Fisheries", to prohibit or regulate all or any of the following matters, and may also by notif ication apply such rules or, any of them to any private water, with the consent in writing ol the owner thereof, and of all persons having, lorthe time being exclusive right of fishery/aquaculture therein:-
(a) the erection and use of lixed engines;
(b) the construction ol weirs, dams, barrages, bundhs and roads;
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(c) the dimension and kinds of nets to be used and the mode of using them;
(d) methods ot catching fishes and the use ol more than one method for catching fishes at a time;
(e) the use of guns, bows, arrows, spears and similar weapons, contrivance or
implements, in any water with the intention to catch or harm any fishestherein:
(l) the deposit or, discharge in any water containing fishes, or any specif ied liquid or solid matters, detrimental to ,ish or the foodfor fishes;
(g) the prohibition of all the fishing as may be necessary and particularly during breedang season in any specilied water for any specified period(s)which may also be extended Iorfurther period(s);
(h) the authorization or delegatlon of power to the Deputy Commissioners as representative of lhe Fisheries Department to lease or license the rights ol fishing in notified fisheries under the provisions of section 3 ol this Act.
(i) theterms and conditions lorgranting of licenses or leases to fish in water bodies including Trout lishing proclaimed under section 3 including the payments in consideration of which, and the conditions on which such licenses or leases are granted ;
0) grant ol remissions, waving ol dues, extension ol lease or license periods and
(k) the person by whom, and the time, place and manner on which, anything is to be done, to carry ouvfollow uti the provisions are made in this Act.
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(l) the manner in which notices, proclamations, summons, warrants and other processes issued under this Act will be issued, published and served; the lees to be charged forthe issue, publication and service of such processes;
(m) the cost of all proceedings underthisAct; and
(2) ln making any rules under this section, the Govemmentmay,
(a) direct that a breach of any rule aforesaid, shall be punishable with fine whach may extend to two thousand rupees, and when the olfence is the continuation of earlier breach/offence, with a further fine which may enend to rupees two hundred only, for every day after the date of the lirsl conviction during which the breach is proved to be persisting; and
(b) provide for-
(i) the seizure, forfeiture and removal of fixed engines, erected or used, ornets, weapons, contrivances of implements used in contravention ol the rules;
(ii) the lorfeiture and sale of any fish taken by the means of any such lixed engines or nels, weapons, contrivances or implements provided that the sale of fish is made only when decomposition is anticipated to take place, prior to production of the lishes before a Magistrate, and
(iii) prohibition, generally orin any specilied area, ol the otferiQg or exposing for sale or barter o{ any tishes, takirlg of which has been made unlaMul under sub{lause (ii) above.
(n) generally to carry out the provisions ot this Act.
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(3) Every rule made by the Government under this Act shall be laid as soon as may be, after it is made belore the Legislature of the Arunachal Pradesh while it is in session, lor a total period of four days which may be comprised in one session or in the successive sessions andif before the expiry of the session in which it is so laid or the session immediately, following the Legislatures consenr in making any modif ications in the rule or the Legislature agrees that the rule should not be made, the rule shall thereafter have effect only, in such modified lorm or be ol no ellect as the case may be, so hcwever that any such moditications or annulmenl shall be without prejudice to the validity of anything previously done under that rule. 7.(1 ) The District Fishery Development Olf icer or any Fisheries Off icer or any Police Officernot below the rank of Sub-lnspector or any other person specially empowered by the Government in this behalf , either by name or holding any office for the lime being, may without any order lrom a Magistrate and without a warranl, arrest any person committing any olfence punishable under section 4 or 5 or any rules made under section 6 of this Act.
(2) ll the name and address ot the person(s) is/are unknown to the Officer elfecting arrest asper provisions of sub-section (1) of this section, and if the person declines to give his name and address, or if there is reasons to doubt the accuracy ol the name and address, or if a person arrested under this section may be detained until his name and address have been correctlyf urnished or ascertained.
Provided lhat, no person so arrested shall be detained ror a longer period than that may be necessary. for bringing him before a Magistrate and in any case not exceeding twenty lour hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate except under the order ol a Magistrate {or such detention. Arrest without
warrant for of-
lences under
this Act.
Protection of action taken in good faith. Savings.
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8. No suit prosecution or other legal proceeding shalllie againstthe Government ofArunachal Pradesh and any Ollicer of lhe Government or any person duly authorized to Act under the provisions of section 7 ol this Act in respect of any action taken by him or anything which is in good faith done or intended to be done under this Act.
9. (1)Nothing contained in thisAct shall effect the provision ot the Assam Forest Regulation, 1891 (7 o, 1891), relating to fisheries within the Reserved Forest areas of Arunachal Pradesh;
(2) exempt, any person from any suit or other proceedings which could, apart lrom thisAct, be broughl against him;
(3) affect anything done or any action taken in relation to any matter not inconsistent with the provisions of this Act and shall be deemed to have been done or taken under this Act, as if this Act was in Iorce on the date on which such thing was done or such action was taken.
Note : Published in the Arunachal Pradesh Gazette, Extraordinary No. 34 Vol. XIV dated 25th April,
2006.
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