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State of Uttar Pradesh - Section

Section 60 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

60. Maintenance and development of fisheries and tanks, etc. [Section 122-A (2) (k), U.P.Z.A. & L.R. Act].

(1)Bhumi Prabandhak Samiti shall have the right to regulate the use of tanks, ponds, fisheries and water channels keeping in mind the customary rights. It may charge fees for the benefit derived such as fees for breeding and collecting fish from the ponds or for irrigation.
(2)[(A) On the expiration of period of ten years, the lease of fishing and growing singhara in tanks/ponds vested in Gram Sabha can be granted for 10 years in favour of the same lessee. At the end of 10 years' period if the conduct of lease holder is found satisfactory, according to discretion of Collector for next five years with increase in yearly rent of 20 per cent:Provided that tanks/ponds of less than 0.5 acre shall be reserved exclusively for the use of community. If the ponds of more than 0.5 acre, the lease of which may be granted for fishing or growing singhara for ten years, was in continued use of public purposes such as washing of clothes, irrigation, digging out earth, etc. they shall be used like previously and a special mention will be made in the conditions of lease that lessee will not interfere in above continued use, if any.] [Amended by Notification No. 10-3-57 (9)/82-Rajasva-2, dated 24th April, 1990.]
(B)[ Above lease may be granted under the following preferential order: [Vide Notification No. 3736/1-2/95-Ra-2, dated 17th October, 1995.]
For area upto two heactares of tanks, ponds, fisheries For area larger than two hectares of ponds and fisheriestanks, and water channel
(a) To community of fishermen, Kewat, Nishad,Mullah, Bind, Dheemar, Kashyap, Vatham, Rayakwar, Manjhee,Godia, Kumhar, Tureha or Turaha, etc. (a) To cooperative Societies recognised byFisheries Department for the community of fishermen. Fisheriescooperative Society means such fish Professional CooperativeSocieties whose members are of fishery community under the U.P.Cooperative Societies Act, 1965.
(b) To fisheries comunity of concerned NyayaPanchayat which includes fishermen, Kewat, Mullah, Nishad, Bind,Dheevar, Dheemar, Kashyap, Watham, Rayakwar, Manjhee, Godia(Kahar), Turena or Turaha, etc. (b) Fishermen's Cooperative Society of concernedNyaya Panchayat Constituted under Cooperative Rules.
(c) To fishermen, Kewat, Mullah, Nishad, Bind,Dheevar, Dheemar, Kashyap, Watham, Rayakwar, Manjhee, Godia(Kahar), Tureha or Turaha, etc., of fishermen community of theconcerned Development Block. (c) To fishermen’s Cooperative Society of theconcerned Development Block, who are constituted and registeredunder Cooperative Rules.
    (d) To Co-operative Societies of fishermen’scommunity of the district, which is constituted and registeredunder Co-operative Rules.
    (e) To Fisheries Co-operatives of Provincialfishermen which is constituted and registered under CooperativeRules.
2(a) To persons belonging to the ScheduledCastes/Tribes of concerned Gram Sabha (a) To Co-operative Society of ScheduledCastes/Tribes of concerned Gram Sabha which has been constitutedand registered under Cooperative Rules.
(b) To persons of Scheduled Castes/Tribes of theconcerned Nyaya Panchayat (b) To Co-operative Societies of ScheduledCastes/Tribes of concerned Nyaya Panchayat, which is constitutedand registered under Co-operative Rules.
(c) To persons of Scheduled Castes/Tribes of theconcerned Development Block (c) To Co-operative Society of ScheduledCastes/Tribes of concerned Development Block which isconstituted and registered under Cooperative Rules.
3(a) To Co-operative Society of fishermen'scommunity which is constituted ana registered and is recognizedby Fisheries Department. (a) Other Co-operative Societies of concerned GramSabha which is constituted and registered under CooperativeRules.
(b) To Co-operative Society of fishermen of thearea of concerned Nyaya Panchayat which is constituted andregistered under Co-operative Rules (b) To other Co-operative Societies of concernedNyaya Panchayat which is constituted and registered underCo-operative Rules.
(c) To fihsermen's level concerned DevelopmentBlock which is constituted and registered under CooperativeRules (c) To other registered Cooperative Societies ofthe concerned Development Block which is constituted andregistered under Cooperative Rules.
4(a) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Gram Sabha whichis constituted and registered under Cooperative Rules (a) To other district level registered Co-operativeSocieties of district level which is constituted and registeredunder Cooperative Rules.
(b) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Nyaya Panchayatwhich is constituted and registered under Co-operative Rules.    
(c) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Development Blockwhich is constituted and registered under Cooperative Rules.    
5. Provided that- 5. Provided that-
(i) lease may be given to any desirous person ofconcerned Gram Sabha failing which to desirous person ofconcerned Nyaya Panchayat; thereafter to any person of concernedDevelopment Block and thereafter to any person of districtconcerned; (i) lease may be given to any desirous registeredCooperative Society of concerned village failing which to NyayaPanchayat of concerned village, thereafter to concernedDevelopment Block and thereafter to Co-operative Society of thedistrict.
(ii) If there are more than one person/Societies inpreferential order then by way of application received from themby consideration of Samiti as according to poverty/need to whomlease may be determined; (ii) If there are more than one Societies inpreferential order then by way of application received from theSocieties as according to poverty/need to whom lease may bedetermined;
(iii) If in any case of auction sale stay order hasbeen granted then under that condition collector may arrange forfish hunting process on daily wages. (iii) If in any case of auction sale stay order hasbeen granted then under that condition Collector may arrange forfish hunting process on daily wages.]
(B-1) As far as possible, the proceedings for granting lease will be done through camps organised at Tahsil level. Exclusive publicity should be done for the above camps and in these camps, such person should be invited, who are eligible according to above mentioned Para 60 (2) (B). The Chairman of the concerned Bhumi Prabandhak Samiti and Secretary (Lekhpal), Tahsildar and Naib-Tahsildar will be present in the camps and lease will be granted by the Sub-Divisional Officer in consultation with the Bhumi Prabandhak Samiti. The Block Development Officer and Regional Assistant Director, Fisheries will be invited in these camps. If the Bhumi Prabandhak Samiti is unable to grant lease of any pond, or Sub-Divisional Officer considers necessary that to grant lease will be desirable, he may grant lease on his own motion without the proposal of the Bhumi Prabandhak Samiti.If works of improvement and fishing is not done by lessee within three years after the lease has been sanctioned, Collector will have right that he on his own motion or on being informed from other source after cancelling the lease may grant lease again. In this respect the order of District Magistrate will be final, which may not be challenged in any Court.
(C)The yearly rent of the lease should be fixed on the average income of last three years. If such ponds etc. are new, and if rent is unknown, rent should be fixed as determined by Fishery Department and until the rent are determined, the rent should be fixed at twice the amount of rent calculated at hereditary rates.
(3)
(A)The lease of fisheries right in parts of rivers vested in Gram Sabha shall be granted for one year by auction.
(B)If there is dispute between two or more Gram Sabhas as to whether particular area of the river comes within the territorial jurisdiction of one village or other and if all the contestant villages lies within the same Tahsil of the district, the dispute shall be decided by the Sub-Divisional Officer. But, if contestant Gram Sabha are situated in different Tahsil of the same district, the dispute shall be decided by the Sub-Divisional Officer, who shall be nominated by the Collector of the district. If contestant Gram Sahba are situated within the boundaries of different districts, the dispute shall be decided according the procedure to be followed in deciding inter district boundary disputes. Such disputes are closely related with boundary disputes, hence provisions of the U. P. Land Revenue Act and the rules framed thereunder shall apply to them.
(C)Contract of fishing in parts of river vested in Gram Sabha shall be executed to registered co-operative societies of fishermen of concerned Gram Sabha on lease fees of average income of last three years. Period of contract will be every year from 1st September to 31st May. Where there are more than one societies, contract should be given holding auction among them. Alongwith it, if there are no registered co-operative societies of fisherment at that place, in this situation fishing lease will be allotted according to priority basis to persons/societies. If contract of fishing is not possible due to any reasons of order of Court, it shall be responsibility of department that he should make fishing on daily rent.
(D)[Deleted].
(E)No Gram Sabha will have right to put any blockade in the natural flow of water m a perennial stream or in any way of migration of aquatic animals, if there is no recognised customs, according to which people of the village are entitled to construct dam across the stream for the purpose of irrigation (e.g. per se right of constructing dam on rivers in the districts of Badaun and Shahajahanpur).
(F)The existing rights of digging out earth or clay from tanks and ponds shall not be interfered with. Where this right was exercised free of any charge previously, it shall be remain the same.
(4)Bhumi Prabandhak Samiti may not interfere with the customary rights of kumhars to dig out the special kind of clay, which is necessary for their industry. Special areas of waste and usar lands or tanks, where the abovementioned clay is found, must be earmarked for digging out clay by kumhars and such land need not be leased out for agriculture. Bhumi Prabandhak Samiti shall generally allow digging out of the clay by kumhars from such areas or tanks either free of cost or on payment of customary charge as prevalent in the village prior to abolition of Zamindari Abolition in the State.Form for Lease of Tanks for Fisheries