State of Haryana - Act
Haryana Fisheries Rules, 1996
HARYANA
India
India
Haryana Fisheries Rules, 1996
Rule HARYANA-FISHERIES-RULES-1996 of 1996
- Published on 24 May 1996
- Commenced on 24 May 1996
- [This is the version of this document from 24 May 1996.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires, -3. Licence for fishing.
(Section 3.) - Fishing in any of the waters specified in the Schedule shall be prohibited save under a licence granted by the licensing authority in accordance with these rules.4. Auction for grant of licence.
(Section 3.) - (1) On or after the first day of July each year, the auctioning authority shall put to public auction, the right of fishing in any water specified in the Schedule of portion of such waters. The auctioning authority shall be assisted by the Committee consisting of Deputy Director, Fisheries, Fisheries Development Officer-in-charge of the District concerned and of the adjoining district and a representative of the Revenue Department not below the rank of a Naib-Tehsildar. No person shall be allowed to bid unless he has deposited an amount as specified by Director, Fisheries in cash as earnest money with the auctioning authority.5. Payment of amount contract.
(Section 3) - (1) The person whose bid has been accepted shall pay the amount offered by him for fishing in full at the time of auction or shall pay one third of auction amount at the time of auction and the remaining amount within 30 days from the date of the auction. In case of failure to deposit the remaining 2/3rd amount by the bidder within the stipulated period of 30 days, the 1/3rd amount deposited by the bidder at the time of auction shall be forfeited. In case where the bid amount is less than ten thousand rupees, the whole amount shall have to be paid at the time of auction.6. Duration of license.
(Section 3) - A licence granted under rule 5 shall, unless sooner determined, remain in force from the 1st September, or from the date of its issue, whichever is later, up to 31st August following.7. Conditions of license.
(Section 3.) - (1) The licence or his agents or nominees shall not fish except with rod and line and hand line during the close season from Ist July, to 31st August.8. Licensee not entitled to claim any damage from Government.
(Section 3.) - (1) The licensee shall not be entitled to claim any damage or compensation from the Government for any loss that may be suffered by him, due to floods, pollution, slump in prices, litigation or any other cause whatsoever.9. Inspection.
(Section 3) - The Director or any officer or official of the Fisheries Department may enter any premises used by the licensee for assembling or storage or sale or fish for the purpose of inspection of the record of fish.10. Forfeiture of apparatus and Fish.
(Section 3) - All apparatus erected or used by the licensee for fishing in contravention of any provision of these rules may be seized by any person empowered under section 6 of the Punjab Fisheries Act, 1914, to arrest without warrant for offences under the said Act. Any fish caught by the licensee by any such apparatus shall also be liable to be seized and forfeited by the person empowered as aforesaid and fish so forfeited shall be auctioned as early as possible by the person who forfeited the same.11. Cancellation of licence and reauction at the risk of licensee.
(Section 3.) - (1) If the licensee or his agent or nominee commits a breach of any provision of these rules or any term of his licence, the licensing authority may without prejudice to any other action that may be taken by him under these rules or any provision of law, cancel his licence. In such an event, the fishing rights shall be put to re-auction and the licensee shall be liable to pay to the Government all expenses of re-auction together with loss, if any, occurred to the Government due to re-auction.12. Issue of licence for sport.
(Section 3) - (1) Notwithstanding the provisions of the foregoing rules, the licensing authority may, on an application submitted to him in this behalf, grant to the applicant a licence for sport only in Form D on the conditions specified therein for fishing with rod and line.| Period of licence | Amount of fee |
| (a) For one year licence | .. Rs. 100 |
| (b) Monthly licence | .. Rs. 50 |
| (c) Seven days licence | .. Rs. 25 |
| (d) Daily licence | .. Rs. 5 |
13. Issue of duplicate licence.
(Section 3) - If a licence issued under these rules is lost, mutilated or destroyed, the licensing authority may, on receipt of an application in this behalf, issue a duplicate licence to the licensee on payment of a fee of rupees two only.14. Officers and officials of Fisheries Department not debarred from catching fish.
(Section 3) - Nothing in these rules shall debar any official or officer by the Fisheries Department or any person empowered or authorised by Director from catching fish of size of any species at any time of the year by any method for the purpose of research or development. The licensee shall not be entitled to claim any damage or compensation on this account.15. Repeal.
- The Punjab Fisheries Rules, 1966, in its application to the State of Haryana hereby repealed :Provided that any order or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.Form A[See rule 5(3)]Agreement DeedThis deed of agreement made on this ____________ day of _________between the Governor of Haryana (hereinafter referred to as the 'Government' of the one part and Shri __________ resident of _________ (hereinafter referred to as the 'Licensee') of the other part.The parties do hereby agree as under :-1. The Government hereby grants to the licensee a licence to catch fish in the public waters specified in the Schedule appended to this deed, on the terms and conditions, contained in this instrument. Nothing in this licence shall authorise the licensee or his agent or nominees to fish in any water closed to fishing under the rules made under section 6 of the Indian Fisheries Act, 1897.
2. The licence hereby granted is valid for the period from ________to _______ but no fishing except with rod and line shall be allowed during period from Ist July to 31st August of the year.
3. (a) In consideration of the grant of the licence by the Government, the licensee has paid to the Government the sum of Rs. ________the receipt whereof is hereby acknowledged.
4. (a) The licensee shall be entitled to fish personally or through his agents or nominees who have been provided with written permits signed by the Fisheries Development Officer of the districts.
5. The Director of Fisheries Haryana (hereinafter) referred to as the "Director" shall have the right and authority to issue individual licence for rod and line for sport only and the licensee shall not be entitled to claim any compensation on that account.
6. The licensee or his agents or nominees shall not use any gear except the following kinds of gears for the purpose of fishing :-
7. The licensee or his agents or nominees shall report to the Director or any of the officers of the Fisheries Department of the Government any breach of the rules framed under the Punjab Fisheries Act, 1914 that come to his or their notice.
8. The licensee or his agents or nominees shall not erect any fixed engines, dam or wires for catching fish or use poison, line, dynamite or any other noxious or explosive substance in catching fish. He may however erect fixed engines as in case of stake nets when they are temporarily fixed in waters for use in conjunction with drag net.
9. The licensee or his agents or nominees shall not catch or sell any fish less than the size of the species mentioned below :-
10. The licensee, his agents or nominees shall not sell fish except at the premises got approved by them from the District Fisheries Development Officer of the District.
11. The licensee shall not sublet or in any way transfer his right and liabilities under this agreement to any body without the previous sanction in writing of the Director.
12. The licensee shall abide by the rules and regulations of the local authorities having jurisdiction over and place where he has opened any fish shop.
13. The Government may require the licensee to sell fish caught by the Government from any water closed to fishing under the rules made under section 6 of the Indian Fisheries Act, 1897, through his fish shops. In that event he shall sell the said fish without claiming any commission from the Government.
14. The licensee shall maintain a register specifying the names and addresses of the persons to whom permits have been issued for fishing within the waters issued to him. A list of such permit holders shall be submitted by the licensee to the Director.
15. The licensee shall maintain a regular register showing weight of fish caught, purchased and sold, indicating different varieties of fish so obtained, the ways and means adopted for catching fish and types of nets used and the area and place from where the fish has been caught.
16. The various registers maintained by the licensee shall be opened to inspection by the Director and such other officers and servants of the Government as the Director may authorise in this behalf, at all reasonable time.
17. The licensee shall submit each month to the Director a report regarding the wholesale and retail prices of different varieties of fish caught and sold during the preceding month alongwith their respective weight.
18. (a) The licensee has been granted under the rules framed under the Punjab Fisheries Act, 1914 and is subject to the provisions of the said rules and the Act.
19. The Government shall not be liable to pay any loss or damage occurred to the licensee as a result of natural calamities, pollution, fluctuation of market price of fish or due to any cause whatsoever, not directly attributable to the negligence or tortuous actions of the employees of the Government.
20. If any dispute, doubt or question arises between the licensee and the State Government or any person claiming under them touching or arising out or in respect of this deed or the subject-matter thereof, the same shall be referred to the sole arbitrator to be appointed by the State Government and the decision of the arbitrator so appointed shall be final and binding on both the parties.
In witness whereof the parties to this deed have put their respective hands is in this deed on _______ year of Republic of India in the presence of witnesses.| 1. Signature_______________________ | Signature___________________________ |
| Name____________________________ | (Licensee) |
| Date _____________________________ | Name______________________________ |
| Address___________________________ | Date______________________________ |
| 2. Signature________________________ | Address___________________________ |
| Name_____________________________ | Signature__________________________ |
| Date______________________________ | (For and on behalf of the Governor of Haryana) |
| Address___________________________ | |
| Witnesses_________________________ | Name____________________________ |
| 1. Signatures_______________________ | Date_____________________________ |
| Name____________________________ | Designation_______________________ |
| Date_____________________________ | |
| Designation_______________________ | |
| 2. Signature________________________ | |
| Name____________________________ | |
| Date_____________________________ | |
| Designation_______________________ |