Assam act 001 of 1935 : The Assam Private Fisheries Protection Act, 1935

ASSAM ACT I OF 1935.

[Published in the Assam Gazette of the 14th

1935.]

TH E ASSAM PRIVATE PIS

PROTECTION ACT, 1935.

in priva te waters. An Act for the protection of the right o f fishing

Preamble.

W hereas it is expedient to provide for the pro- tection <>f private rights of fishery ; And whereas the previous sanction of the sand e Geo. s. Governor General has been obtained under sub- gSo.⁶#,' ch' s?, section (3) of section 80A of the Government of ® India zkct to the passing of this Act.

I t is hereby enacted as follows:—

Short title. 1. (7) This Act may be called the Assam Private Fisheries Protection Act, 1935.

Extent. (2) I t extends in the first instance only to the areas in Assam in which the Private Fisheries Protection Aet, ls89, is, before the passing of this Bengal Aot ti Act, in force an i the Local Government may, b y

of 1889 ' notification in the Assam Gazette extend to any other area all or any provisions of this Act. The Indian Fisheries Act, 1897, is to be read as Activof 1897, supplemental to this Act.

Interpretation clanae. 2. In this Act, unless there be something repugnant in the subject or context—

Ptah.

(/) " Fish ." includes shell-fish and turtles ;

Fixed engine. (2) " Fixed engine " means any net, eage, trap or other contrivance for taking fish fixed in the soil or made stationary in any other way ; Private waters, (3) " Private waters " means waters— (а) which are the exclusive property of any person ; or

(б) in which any person has an exclusive right of fishery.

p«naitie«. 8. Any person who—

(а) fishes in any private waters, not having a right, to fish therein ;

(б) erects, places, maintains or uses any fixed engine in private waters, or pats, or

knowingly permits to be put therein

any matter for the purpose of catching or destroying fish without the permis- sion of the peison to whom the right of fishery therein belongs ; [Price—Indian anna 1. English Id.]

shall be guilty of an offence, and shall be punished for a first offence with a fine not exceeding fifty rupees;

and for a subsequent offence with imprisonment, which may be simple or rigorous for a term not exceeding one month, or with a fine not exceed- ing two hundred rupees or both :

Provided that nothing herein contained shall apply to acts done by any person in the exercise of a bona fide claim of right, or in accordance with a long-established custom or shall prevent any person from angling with a rod and line or with a line only in any portion of a navigable river. faid ^{of A} ⁿ

Y fixed engine erected placed, main- tained or used in contravention of the last preced- ing section, and any fish taken by means of such engine, or otherwise in contravention of this Act shall be forfeited.

Removal of fixed (2) And 6uch fixed engine may be removed engine*. o r ta |je n pOBseg8jo n o f by the Deputy Com- missioner of the District, or such person as he empowers in this behalf.

Entry upon the 5. Whoever enters upon land in the possession oVop'on'priTatl of another or upon private waters, with intent to inun^rt to oom¹!^c^o^mⁿ^rⁱ'^t^aⁿ^v

of the offences specified in section 4, mitan offence, shall be punished with a fine not exceeding fifty rupees.

offonces under 6. Offences committed under this Act shall er'a^A-cognii be con idered to be " cognizable offences " as bie offences". J e fineA G- P. (Leg.) No. 106—600-3-10-1935.