Preamble
Himachal Pradesh Fisheries (Amendment) Act, 1989*
| [Himachal Pradesh Act No. 17 of 1989]1 | [7th September, 1989] |
An Act to amend the Himachal Pradesh Fisheries Act, 1976 (Act No. 16 of 1976).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Fortieth Year of the Republic of India as fallows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Fisheries (Amendment) Act, 1989.
(2) It shall be deemed to have come into force with effect from the 6th day of July, 1989.
Section 2. Amendment of section 6
2. Amendment of section 6.- In section 6 of the Himachal Pradesh Fisheries Act, 1976 (16 of 1976) (hereinafter called the principal Act),-
(a) in sub-section (1) for the words "one year or with fine which may extend to one thousand", the words "three years or with fine which may extend to five thousand" shall be substituted;
(b) in sub-section (2) for the words "two thousand", the words "five thousand" shall be substituted: and
(c) sub-section (3) shall be omitted.
Section 3. Amendment of section 7
3. Amendment of section 7.- In section 7 of the principal Act,-
(a) after the words and sign "poison" but before the word "lime", the words and sign "bleaching powder," shall be inserted; and
(b) for the words "two years, or with fine which may extend to one thousand", the words "three years, or with fine which may extend to five thousand" shall be substituted.
Section 4. Insertion of sections 7A, 7B and 7C
4. Insertion of sections 7A, 7B and 7C.- After section 7 of the principal Act, the following new sections 7A, 7B and 7C shall be inserted, namely:-
"7A. Punishment for the possession of dynamite and other explosive substance to be used for killing the fish.- If a person is found to be in possession of a dynamite or any other explosive substance for the purpose of killing the fish near or in the vicinity or on the bank of a river, rivulet, khud, pond, lake, reservoir which are habitated by the fishes, shall, unless he explains satisfactorily that his possession or control over such a dynamite or the explosive substance was for a lawful object, be burnable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.
7B. Punishment for killing or catching fish during prohibited season.- Notwithstanding anything to the contrary contained in section 5 of this Act if a person kills or catches fish with a net during the season, in which killing or catching of fish is prohibited under any rule framed under clause (d) of sub-section (3) of section 3, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both.
7C. Offenecs to be cognizable and non-bailable.- Notwithstanding anything contained in the Code of Criminal Procedure. 1973, (2 of 1974) all offences under sections 6, 7, 7A and 7B of this Act shall be cognizable and non-bailable offences."
Section 5. Substitution of Schedule
5. Substitution of Schedule.- For the existing Schedule to the principal Act, the following Schedule shall be substituted, namely:-
"THE SCHEDULE
(See section 10)
MAXIMUM AMOUNT ACCEPTABLE AS COMPENSATION FOR CERTAIN FISHING OFFENCES UNDER SECTION 10
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Description
1
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Maximum amount acceptable as compensation
2
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1. Fishing with a net having a smaller mesh than that prescribed under the rules made under the Act.
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Rupees five hundred.
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2. Fishing without a licence.
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Rupees three hundred.
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3. Killing or catching or selling or attempt to kill, catch or sell fish of a size or weight less than the standard prescribed under this Act.
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Rupees three hundred.
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4. Killing or catching or selling or attempt to kill, catch or sell any fish of a prohibited species during a close season.
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Rupees three hundred.
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5. Fishing or attempting to fish with any gear or method oilier than permitted under the rules.
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Rupees three hundred.
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6. Using at any one time more than two of either or Liny of the gears permitted under the rules.
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Rupees three hundred.
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7. Licence holders employing or engaging non-licenses to help them with their nets, while fishing.
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Rupees three hundred.
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8. Fishing or attempting to fish in prohibited water.
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Rupees three hundred.
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9. Offering or exposing for sale or barter any fish, the sale of which is prohibited in any specified area by a notification issued under section 4 of the Act.
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Rupees three hundred.
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10. Exporting or attempting to export fish in contravention of any rule made under sub-section (3) of section 3 of the Act.
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Rupees one thousand.
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11. Selling or attempting to sell fish for price above the specified market value.
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Rupees four hundred.
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12. Possessing fishing craft and tackles unauthorisingly in contravention of clause (k) of sub-section (3) of section 3 of the Act.
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Rupees four hundred.
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13. Transporting or attempting to transport fish or fish products within specified limits in contravention of clause (1) of sub-section (3) of section 3 of the Act.
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Rupees four hundred.
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Section 6. Repeal and savings
6. Repeal and savings.- (1) The Himachal Pradesh Fisheries (Amendment) Ordinance, 1989, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken Under the said Ordinance shall be deemed to have done or taken under the corresponding provisions of this Act, as if this Act had come into force on the 6th day of July, 1989.