G:O V,E ,R N 1'1ENT GAZETTE
EXTRAORDINARY
PUBL~HED BY AUTHORITY No. 33 Gangtok, Friday, April 11, 1980
LAW AND LEGISLATIVE DEPARTMENT
NOTIFICA TION
NO. 3jLLj80. Dated Gangtok, the 5th April, 1980. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 5th day of April, 1980, is hereby published for general information.
SIKKIM ACT NO. 3 OF 1980
THE SIKKIM FISHERIES ACT, 1980.
AN
ACT
-to provide for conservation, propagation, development and the modes of disposal of fisheries in Sikkim.
Be it enacted by the Legislative Assembly of Si.kkim in the Thirty-first year of the Republic of India as follows;-
1.
This Act may be called the Sikkim Fisheries Act, 1980.
Short title, ex- tent and com-
(2) . It shall extend to the whole of Sikkim. mencement.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act and the rules made thereunder unless there is anything repugnant Definitions. in the subject or context,-
(i) 'fish' includes shell-fish in all stages of its life including acquatic plants and animals of fisheries value;
(ii) 'fishhlg gear' means any net, line, rod and line, fishing tackle or other appliances used for the purpose of catching fish;
(iii) 'fishing craft' means any boat manually operated or operated by power used for the purpose of fishing or the transport of fish;
(iv) 'fishing offence' means any offence punishable under this Act or any rule made thereunder;
(v) 'fishery officer' means any person whom the State Government may, [rom time to time, appoint by name or as holding an office, to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder:
1
Powers to make rules.
•• , J
,
.• !.1
J( d - ) Provided that no police officer below the rank of ub- Inspector shall be so empowered ;
(vi) 'fixed engine' means any net, cage, trap or other contrivance for taking fish fixed in the soil or made stationarv in the other way; 'notification' means a notification pub] ished in the Official Gazette; 'private waters' means water which are the exclusive property of any person, or in which any person has for the time being an exclu- sive right of fishery whether as owner, leassee or in any other capa- city and includes tanks, ponds, artificial lake etc; excavated at expen- ses of the owner which have no communication at any season with the natural waters of any river, streams or canals; (vii )
(viii) . Explanation.- Water shall not cease to be private water within the mean- .ing of this definition by reason only that other persons may have by custom a right of fishery therein;
(ix) 'State Government' means the Government of the State of Sikkim;
(x) 'religious water' means water belonging to a religious body or ins- titution and which have by reason thereof and on religious grounds never been fished before;
Explanation.- The provisions of this definition shall not however, debar the State Government to develop such water with fisheries which, however, will not be subjected to commercial use without the consent of the religious body or institution or the persons who may have customs attached to such water; .
(xi) 'religiOUS body' means the trustees or all) other person who are in charge of a religious institution or in whom the ownership of the re- ligious institution vests for the time being;
'religious institution' 111eanSa temple, a 1110sque, a church, a monas- tery or any other shrine dedicated to any God or Goddess and such other instituttions as the State Government mav, by notification,
. declare in this behalf; J , 'section' or 'sub-section' means a section or sub-section of this Act unless referred to any other Act.
(xii)
(xiii )
3. (I) The State Government nuy make rules for the purposes mentioned hereinafter in this section and shall under such -rules declare the waters, not being pri- vate 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 water with the consent in writing of the owner thereof' and of all persons having for the timebeing any exclusive right of fishery therein .
(3) The State Government may make .rules for the propagation and de- velopment of' fisheries in private waters which may include grant of financial help there- fbi·. .. ,
E~~lanation.- Financial help shall include loans, subsidy or grants-in-aid.
(4) Such rules ma),,-
(a) . prohibit or regulate all or'any of the following matters - (i)
(ii) . the erection and use of'fixed engines; the construction of weirs, bunds and diversion of natural waters for killing fish; and the dimension and kinds -of fishing gears and modes of their use.
(iii) . (b)
" \ prohibit fishing except under a license and regulate the grant- ing of such licences, the fees payable therefor and the condi- tions to be inserted therein; .
prohibit destruction or attempt to' destroy fish by any gear , -which the State' Government 'may consider harmful or des- tructive j'
" .(,
.';1 I I,,' d!
(c)
il j
2
i (d)
prescribe seasonsinwhichthekillingorcatchingorsaleof any fish of any prescribed species shall be prohibited; prescribe a minimum size or weight below which no fish of any prescribed species shall be caught, killed or sold; prohibit fishing in any specified water for a specified period; prescribe modes, means, agency and procedures of business of fisheries within and outside the State;
regulate export of fish or specified species of fish outside any area or areas and also prescribe the rate for sale of fish in any market of the State;
regulate and prescribe lease or mortgage of tank, pond or land for construction of pond intended for stocking in such tank or pond with fish of any class;
(j) regulate the possession of fishing craft and gear within any specified limits as may appear to be necessary;
(k) such rules may, among other matters, also provide for the examination of fish in transit within specified limits. (e)
(f)
(g)
(h)
(i)
(5)
provide for- In making any rules under this section the State Government may
(a) seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules;
(b) forfeiture of any fish taken by means of any such apparatus;
(c) confiscation of (1).y consignmqnt of fish held or transported .in contravention of the rules.
4. The State Government may by notification prohibit in any specified areas the offering or exposing for sale or barter of any fish killed or caught in contravention of any rules made under sub-section (4) of section 3 of this Act.
5. (r) The breach of any rule made under section 3 or of any prohibition .notified under section 4 shall be punishable with imprisonment .which p1ay extend to three months or with fine which may extend to five hundred rupee? or with .both, ,and when the breach .is a continuing one, with a further fine which may extend to ten f:upees for each day during which the breach is continued after the first day.
(2) If any person .convicted of an offence under this Act, ~PD)m~,ts,.a like offence afterwards then, he shall be punishable with imprisonm.ent whic]; puy. yx;t,~p,.d to· six months or with fine which may extend to one thou: and rupees or with both for each subsequent offence.
6. If any p'~l"pn uses any dynamite or other explosive substances in ,an.y water with intent ·thereby to catch or destroy fish that m,ay. be therein, .he shall be punishable with imprisonment for a term which may extend to six months or with fine which ,may extend to one thousand rupees or with both.
.7. If any person puts any poison, lime or noxious-materials into any.water .with intent -thereby to catch or destroy any fish which may be therein, he shall be .puni- shable with imprisonment for a term which may extend to six months.or with fine .which may. extend to one thousand rupees or with both.
8. . Notwithstanding anything contained in .the .Law relatjpg to Criminal Proce- dure in force in Sikkim, the offences .under this Actshall be ~ogl.1tzable and any property used for committing fishing offence may be forfeited to, the S,tat.e. '9. (r) Any Fishery Officer, Police Officer or any.. other person specially empowered by the State Government in .this behalf', may, .without warrant, arrest any person committing or attempting to commit- in his view, any offence punishable under this Act and may (Tetain him for investigation .n
Powers to pro-
hibit sale of
fish.
Penalties.
D.~,s,tr~W#Qp..of
"fis~ J?y explo- sjy,~~, <}n-4 ' :Ru- nishment '
• t ,t ~ , therefor . Destruction of fish by poiso- ning and pu- nishment
therefore. Offence cogni- zable.
Power to [arrest without war- rant and in- vestigation of offences under this Act.
3
Power of search and investiga- tion.
Power to com- pound certain offences and charge compe- pensation. Persons perfor- ming duties un- der this Act and protection of action taken on good faith. Repeal and Savings.
4 •
. (2) \VhCll .he ja·:c3cig"L;cn is Lvmpldc,: UJ' Lh~ true name anci residence of such person have been acertained, he shall be released on his executing a bond, with or without surities, to appear before a Magistrate, if so required.
. (3) Should the investigat ion not be concluded or the name ana residence of such person not be ascertained within twenty four hours from the time of arrest, or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate along with copies of connected papers.
(4) The Magistrate to whom an accused person is forwarded under section, shall follow the procedure rebting to remand <\'; laiel down in the Code of minal Procedure for the time heing in force.
this
Cri-
10. Every Fishery Officer shall have thesame power of' search and investigation in respect of offences under this Act as that of a Police Officer under the provisions of the law relating to Criminal Produre for the time being in force in Sikkim. I I , (I) The State Government may, by notification,
Officer by name or as holding an office -
empower a Fishery
(a) to accept from person concerning whom evidence exists which if unrebutted would prove that he has committed any fishing offence as described in the first column of the Schedule, il sum of money by
"yay of compensation fur the offence with regard to which such evidence exists and on payment of such Slim to such off-Icer such person, if in custody, shall be discharged and no further proceedings shall be instituted against him;
to accept compensation as damages for the loss caused to fish life as may be assessed by such officer at the prevalent market rate which shaH be in addition to the compensation specified in the Schedule. to release any property that has been seized as liable to confiscation on payment of the value of such property as estimated by such officer and on payment of such value such property shall be released and no further proceed ings shall be taken in respect thereof. (b)
(c)
(2) The sum of money accepted as compensation under sub-clause
(a) of sub-section (1) shall be in no case exceed the amount mentioned in the second column of the Schedule for the particular offence detailed in the first column thereof:
Provided that provision of sub-section (2) shall not limit the act of an officer to charge compensation for different offences collectively if suchoffecnces are committed at the same time by a person.
12. Person empowered to exercise and execute duties under this Act or rules made thereunder shall be deemed to be public servant within the meaning of section 2 I of the Indian Penal Code, and no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
13. All Acts, Rules, Notifications Regulations or Orders in force, permanently or temporarily, in Sikkim for the protection, conservation and development of fisheries immediately before the enforcement and commencement of this Act are hereby repea- led, provided that,- .
(a) anything done or action taken or proceedings commenced or conti- nued under the repealed Rules, Notifications, Orders, Regulations or Acts, promulgated, made or issued by the competent authority of the time shall be deemed to have been done, taken and comm- enced or continued under the corresponding provisions of this Act. any appointment, order, regulation or notification made or issued under the provisions of the repealed Rules, Orders, Regulations or Notifications shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or made and issued under the provisions of this Act unless and until superseded by any appoint- ment, order, regulation or notification made or issued under this Ac~.
(b)
4
5
SCHEDULE or COMPENSATION (As provided under section TI of the Sikkim Fisheries Act, 1980). Limits of amounts acceptable as compensation for. certain matters of Fishing offences detailed under section I T of the Act.
----~"-""- --~---------~
Description of offences Maximum amount
acceptable as
compensation.
1. Fishing with a net having smaller mesh than that prescribed under the rules. Rs. One hundred.
2. Fishing without a license. Rs. One hundred.
3. Killing, catching or selling or attempting to kill, catch or sell any fish of a size and weight less than the standard prescribed under this Act. Rs. Twenty-five.
4. Killing, catching or selling or attempting to do so, any fish of a prohibited species during a close season. Rs. Fifty.
5. Fishing with any gear or method other than that permitted uncler the Rule. Rs. Fifty.
6. Using at anyone time more than the number of gears permitted under the rules. Rs. Fifty.
7. Fishing or attempting to fish in any of the prohibited waters. Rs. One hundred.
8. License holder employing or engaging non-licensees to help with their gear while fishing. Rs. Fifty.
9. OffeThg or exposing for sale or barter of any fish, the sale of which is prohi- bited in any specified area which may be notified under Section 4 of this Act. Rs. Fifty.
10. Exporting or attempting to export fishes or fish of any specified species in contravention of the provision of rules. Rs. One hundred.
1 I • Selling or attempting to sell fish for a price above the prescribed 'market value. Rs. Fifty.
12. Possessing tackle or gear unauthorisedly. Rs. One hundred. By Order'[of the Governor,
R. K. GUPTA,
Secretary to the Govt. of Sikkim, Law & Legislative Department, Government of Sikkim.
F. No. 16 (75) LL/79.