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State of Rajasthan - Section

Section 25 in Rajasthan Fisheries Rules, 1958

25. The licensee or his agent shall not dry the fish.

In witness whereof these presents have been executed in the manner hereunder appearing the day year first above written.Signed by the licensee :Signature ...........Signed for and on behalf of the Governor of Rajasthan.Signature...............DesignationForm No. 3-BAgreement form between the Fish Farmer and the Fish Farmers Development Agency[Rule No. 5 (2)]This agreement made on............ day of............ 200--- between the fish Farmers' Development Agency ............ represented by its Chief Executive Officer (hereinafter referred to as the Agency), which expressions shall unless the context otherwise admits, shall include a successive organisation, administrator, executor, or any person entrusted with the work by the Government of one part and Shri............ S/o............ Caste............ age............ resident of (referred to as the fish farmer, which expression shall unless the context otherwise admits includes his heirs/executors, and administrators), or the Fish Farmers' Co-operative Society registered under............ Act-(year) and having its registered office at............(herein referred to 'Lessee') which expression shall, unless the context otherwise admits includes his successors of the second part.Witnesses as follows:-(i)The 'Agency' hereby grants to the Lessee, the rights and liberty to undertake fish culture in the Tank/Pond/other water areas known as ............(hereinafter referred to as ............('The said Tank') situated in/near the Village............ Tahsil............ District............ to exploit, and remove the fishes contained therein by adopting appropriate techniques, for a period of............ years from day ............of month years together with the right to enter on and repass over such portions of the Government land round the said Tank as well be reasonably necessary for the adequate exercise of the right and liberty aforesaid, subject to the following conditions:-
(1)The lessee shall pay to the Agency for exercising the said rights a sum of Rs. 400 / - per ha. water. The first annual lease amount shall be paid before the execution of this lease agreement and annual instalment for subsequent years shall be paid on or before 7th May, every year with 10% increase on the initial lease amount. At the end of the lease period or earlier in case the conditions in the agreement are not fulfilled, fisheries right shall stand reverted to the Agency].
(2)The 'Lessee' agrees to develop the fisheries of said Tank within the time, and in the manner specified below by the Agency.
2.1Improvements to the said Tank,
2.2Specified schedule of manuring, stocking with seed of cultivable species, and feeding the fish,
2.3Checking plankton intensity and growth of fish,
2.4General corrective measures necessary to tone-up plankton production, eradication of weeds and Parasites.
2.5Timely purchase of required No. of fish seed of cultivable species from the agency.
(3)The 'Lessee' shall obtain fish seed of cultivable species in whatever combination on the prescribed price from the Agency.
(4)No request from the lessee shall be entertained regarding the rise, or fall in the level of the said Tank. The Lessee shall not prevent / any person concern department entitled to use the water from the Tank either for drinking purpose.
(5)The Lessee shall take reasonable precautions to protect the said Tank including its banks, fences, hedges, trees or other Government property, and agrees to give such compensation to the Agency as may be determined by him in respect of any damages which may be caused to the said Tank. Provided that decision of the Agency regarding such damage shall be final.
(6)The lessee shall not open or shut any sluice belonging to the said Tank whether for the exercise of the fishing rights or privilege for fishing or for any purpose whatsoever without the permission of Agency.
(7)The Lessee has no right to take out anything else than the fish from the said Tank leased to him.
(8)The lease year for the purposes of harvesting of fish shall be from the date of issue of licence 31st March every year.
(9)When the licence is lost or destroyed, the Agency may agree to give another licence which shall be a duplicate of the original on payment of Re. 17-. The original licence which is lost or destroyed shall be considered as cancelled.
(10)The Lessee shall be entitled to fish personally or to issue permits to those who fish or and on his behalf in the said Tank and not to allow or permit any other person to do fishing in the said Tank.
(11)The Lessee agreed to avail of the facilities for conducting fishing provided by the Agency subject to the terms and conditions as may be stipulated in this regard. If for no reason the facilities cannot be provided by the Agency the Lessee agrees to make his own arrangement for fishing.
(12)The Lessee may use the following kinds of gear only for the purpose of fishing:-
(a)Nets of all kinds [------] not having any portion of net less in one and half inches in size from knot to knot to make six inches all round and mesh of three inches size.
(b)Long line with hooks.
(c)Rod and line, 'Provided that no net for prawn (Jhingas) catching shall be used without permission of the Agency.'
(13)The Lessee shall not be entitled to erect in fixed engine except in the case of stakenets when temporarily fixed in water for use in conjunction with dragnets.
(14)The Lessee shall not catch any fish less than 500 grams in weight of the following cultivable species; Rohu, Catla, Mirgla, Silver-carp, Grass carp, Common carp, Mahaseer, if caught should be immediately liberated alive, in the water.
(15)The Lessee shall maintain regular account of catch and every catch which shall always be open for check without notice by the Agency or any body authorised in writing by the Agency. He shall be bound to send fortnightly copies of such account in prescribed form under registered cover to the Agency.
(16)The Lessee shall report to the Agency wherever any remarkable feature of scientific.or economic importance is noticed by him.
(17)The lessee shall always transport fish under cover so as not to rouse public sentiment.
(18)The Lessee shall not use state property or interfere with material or tackle belonging to the State.
(19)The Lessee shall not erect any permanent structures on the Tank/Ponds or in Vicinity of Tank/Ponds. However he may be permitted to put such temporary structures for supervision of fish culture activities, as approved by the Agency provided be agrees to remove all such structures within fifteen days of the expiry of the lease.
(20)On demand the Lessee is bound to show his licence or permit.
(21)The Lessee shall not discharge or permit the discharge into the said Tank of any solid or fluid of a poisonous nature or contaminated or polluted water which may destroy, sicken or injure the fish, cattle or other animals or humans, who may use the water for drinking or other purpose.
(22)The Lessee agrees to any arrangement introduced by Irrigation or any other State Government's Department for the release or regulation of water supply for irrigation purposes or to regulate operation of fishing nets or sluices in order to prevent damage of the said Tank.
(23)Any fixed Engine erected or used in contravention of the provisions of the Rajasthan Fisheries Rules, 1958 may be seized or removed by the Agency or by the Fishery Officer or any other person specially empowered by name or by virtue of his office by the Government in this behalf, and it shall be liable by the order of the Fishery Officer or the licencing authority concerned to forfeiture.
(24)All apparatus erected or used for fishing in contravention of these conditions may be seized, taken and removed to the nearest police station or Fishery Officer or the Agency Office, by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the Fish caught shall be forfeited on conviction of the offender:Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer or the Officer empowered by the Agency and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipts under the relevant head of the Agency subject to any order by the Court.
(25)The Lessee agrees to observe all the provisions of Rajasthan Fisheries Rules, 1958, made under Rajasthan Fisheries Act, 1953.
(26)If the Licensee or his agent commits breach of any of the conditions of his licence, the Fishery officer may cancel the licence or permit. On the cancellation of the licence all permits issued alongwith it shall also be considered as cancelled and the amount paid by the lessee shall not be refunded to him.
(27)Nothing in this licence shall prevent the Officer or staff of the Fisheries Department in catching fish of any species and size in the said waters at any time and by any means for scientific purposes.
(28)Lessee shall not claim any compensation for any losses due to natural causes, defective methods adopted for fisheries development or due to theft of fish or any other reasons whatsoever.
(29)The licensee or his agent shall not dry the fish.]In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.Signed by the LesseeSignature .............Signed for and on behalf of the Agency,Signature ............Designation ............Form No. 3(c)Licence[Rule No. 5(4)]This Indenture made this ............days of............ 200...... between the Governor of Rajasthan (hereinafter referred to as the Government" which expression shall where the context so admits be deemed to include his successors ............ and assigns) of the one part and ............ son of Shri ............ Caste............ age............ occupation............ resident of...../or a Fisheries Cooperative Society, registered under....Act....year....and having its registered of where the context so admits be deemed to include his heirs, executors, administrators and permitted assigns) of the other part.The Government" hereby grant to the Licensee" the rights and liberty to undertake fish seed rearing in the tank/ponds/other water area known as (hereinafter referred to as The Said Tank") situated in the fingerling stage to stock the fish fingerlings in the A" & B" category waters of the licensee herein by adopting appropriate techniques, for a period of............ year from ............ day month ........year....... to the end of ........day .........month and ..........year subject to the following;Conditions:-