Section 17A in West Bengal Inland Fisheries Act, 1984
17A. Bar to conversion of water area etc. for other use.
(1) No person shall (a)put any water area including embankment [* * * ] [The words "and figures measuring 5 cottahs or 0.035 hectare or more" omitted by Section 8(1 )(i)(a) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).], which is capable of being used as fishery, or any naturally or artificially depressed land holding [* * "] [The words "and figures measuring 5 cottahs or 0.035 hectare or more" omitted by Section 8(1 )(i)(a) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).], which retains water for a minimum period of six months in a year, to such use, other than fishery, as may result in abolition of fishery [within the jurisdiction of any Municipal Corporation or any Municipality] [Inserted by Section 8(1)(1)(b), ibid.], or(b)fill up any water area [in part or in full] [Inserted by Section 8(1)(ii), ibid.] including embankment or naturally or artificially depressed land holding as aforesaid, with a view to converting it into solid land for the purpose of construction of any building thereon or for any other purpose, or(c)[within the jurisdiction of any Municipal Corporation or any Municipality divide any water area] [Substituted by Section 8(1)(ii)(a), ibid for the words divide any water area.] including embankment or naturally or artificially depressed land holding as aforesaid into parts Section as to make any such part [ xxx ] [The words "and figures measure less than 6 cottahs or 0.035 hectare" omitted by Section 8(1)( i)(b), ibid.] for any purpose other than pisciculture or transfer any part of any such water area including embankment or naturally or artificially depressed land holding as Section divided to any other person.[Provided that the restrictions contained in clause (a) or clause (c) shall apply in respect of any area measuring 5 cattahs or 0.036 hectare or more falling within the jurisdiction of any Gram Panchayat.] [Proviso Added by section 8(1)(iii) of the West Bengal inland Fisheries(Amendment) Act, 2008 (West Bengal Act No. 7 of 2008)](2)If the competent authority, on receipt of an information or on his own motion or otherwise, is satisfied that(a)any water area including embankment or naturally or artificially depressed land holding, referred to in clause (a) of sub-section (1), is being, or is about to be, put to any use, other than fishery, or(b)any such water area including embankment or naturally or artificially depressed land holding is being, or is about to be, filled up, or(c)any such water area including embankment or naturally or artificially depressed land holding is being, or is about to be, divided into parts, or any part of any such water area including embankment or naturally or artificially depressed land holding as Section divided is being, or is about to be, transferred to any other person, in contravention of the provisions of sub-section (1), and that it is necessary for the purpose of promotion of pisciculture, checking of destruction of fisheries and prevention of environmental degradation Section to do, he may, by order in writing, take over the management and control of such water area including embankment or naturally or artificially depressed land holding, as the case may be.(3)An order under sub-section (2) shall be served in the prescribed manner on the owner of the water area including embankment or naturally or artificially depressed land holding, as the case may be, or, where the water area including embankment or naturally or artificially depressed land holding is in occupation of any person, not being the owner of such water area including embankment or naturally or artificially depressed land holding, on such person.(4)The management and control of such water area including embankment or naturally or artificially depressed land holding may be transferred by the competent authority to any person for proper utilization for pisciculture of such water area including embankment or naturally or artificially depressed land holding, as the case may be, in such manner as may be prescribed.(5)Every co-sharer or co-owner of a water area including embankment or naturally or artificially depressed land holding, referred to in clause (a) of sub-section (1), shall be entitled to receive rent for taking over the management and control of such water area including embankment or naturally or artificially depressed land holding, as the case may be, by the competent authority at such rate as may be determined by that authority in the manner prescribed.(6)The management and control of any water area including embankment or naturally or artificially depressed land holding may be taken over under sub-section (2) for a period not exceeding 25 years or transferred to any person under sub-section (4) for a period not exceeding 10 years at a time.(7)If the person referred to in sub-section (4) fails to utilize the water area including embankment or naturally or artificially depressed land holding, as the case may be, in accordance with the prevailing norms of pisciculture, the competent authority may, after giving notice to such person, resume the management and control of such water area including embankment or naturally or artificially depressed land holding, as the case may be, without payment of any rent or compensation to such person; and such water area including embankment or naturally or artificially depressed land holding, as the case may be, may thereafter be managed by the competent authority or transferred to some other person for pisciculture.(8)The provisions of this section shall apply, mutatis mutandis, to any water area including embankment or naturally or artificially depressed land holding, referred to in clause (a) of sub-section (1), which is owned or possessed by any person or persons either jointly or severally or owned by the State Government [or Central Government] [Inserted by Section 8(2) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).] jointly with other person or persons.(9)No water area including embankment or naturally or artificially depressed land holding, referred to in clause (a) of sub-section (1), shall be(a)put to any use other than fishery, or(b)filled up with a view to converting it into solid land, for the purpose of implementation of any development scheme by any department of the Central Government or the State Government or any public undertaking under the administrative control of the Central Government or the State Government or any statutory body or local authority or any organisation in the public sector or any organisation or individual in the private sector, except with the prior approval of the State Government in the Department of Fisheries.[Provided that any individual or a body of individuals or any organisation in the private sector may, for the purposes of this sub-section, apply to the State Government in the Department of Fisheries for permission to fill up any water area after re-allocating or excavating a new water area of not less than equal dimension of the water area proposed to be filled up in the same locality alongwith a certificate of conversion of the water area Section re-allocated or excavated issued by the appropriate authority :Provided further that the State Government may accord approval under this sub-section in such manner as may be specified by notification.] [Provisos added by Section 8(3), ibid.](10)(a)The competent authority may, by a written notice, require any person who, by contravening the provisions of sub-section (1),(i)puts any water area including embankment or naturally or artificially depressed land holding to any use other than fishery, or(ii)fills up any water area including embankment or naturally or artificially depressed land holding with a view to converting it into solid land, or(iii)divides any water area including embankment or naturally or artificially depressed land holding into parts for any purpose other than pisciculture or transfer any part of any such water area including embankment or naturally or artificially depressed land holding as Section divided to any other person, to restore, within such period as may be specified in the notice, such water area including embankment or naturally or artificially depressed land holding, as the case may be, to its original condition at his own expense.(b)If such person fails to restore such water area including embankment or naturally or artificially depressed land holding to its original condition within the period specified in the notice under clause (a), the competent authority may, by order in writing, take over the management and control of such water area including embankment or naturally or artificially depressed land holding, as the case may be, restore it to its original condition, and recover the entire cost in this behalf or any part thereof from such person [by invoking the provisions of the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913)] [Inserted by Section 8(4) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).].(c)The management and control of such water area including embankment or naturally or artificially depressed land holding as may be taken over by the competent authority under clause (b) may be transferred by the competent authority to any person for proper utilisation of such water area including embankment or naturally or artificially depressed land holding, as the case may be, in such manner as may be prescribed. And, thereupon, the provisions of sub-sections (5), (6), (7) and (8) shall apply to such water area including embankment or naturally or artificially depressed land holding, as the case may be.(11)Any person who commits any offence by contravening the provisions of sub-section (1) shall, without prejudice to the provisions of sub-section (10), be punished with imprisonment for a term which may extend to [three years] [Substituted by Section 8(5)(a). ibid for the words two years.] or with fine which may extend to [five lakh] [Substituted by Section 8(5)(b). ibid for the words two lakh.] rupees or with both, and the provisions of section 20 shall not apply to such person.(12)[ An offence under sub-section (11) shall be cognizable and non-bailable.] [Sub-section (12) inserted by Section 2 of the West Bengal Inland Fisheries (Amendment) Act, 1997 (West Bengal Act No. 21 of 1997).]
