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State of Sikkim - Section

Section 2 in Sikkim Fisheries Act, 1980

2. Definition.

- In this Act and the rules made there under unless there is anything repugnant in the subject or context.
(i)'fish' includes shell-fish in all stages of its life including aquatic plants and animals of' fisheries value;
(ii)'fishing gear' means any net, line rod and line, fishing tackle or other appliances used for the purpose of, catching fish;
(iii)'fishing craft' means any boat manually operated or operated by power used for the purpose of fishing or the transport of fish;
(iv)'fishing offence' means any offence punishable under this Act or any rule made there under;
(v)'fishery officer' means any person whom the State Government. may, from time to time, appoint by name or as holding, an office to carry out all or any of the purposes of-this Act or to do anything - required by, this Act or any rule made there under:
Provided that no police officer below the rank of Sub-Inspector shall be so empowered;
(vi)'fixed engine' means -any net, cage, trap or other contrivance for taking fish -fixed in the soil or made stationary in the other way;
(vii)'Notification' means a notification published in the Official Gazette;
(viii)private waters' means water which are the exclusive properly of any person, or in which any person has for the time being an exclusive right of fishery 'whether as owner, lessee or in any other capacity and includes tanks, ponds, artificial lake etc; excavated' at expenses of the owner which have' no communication at any season with the natural waters of any river, streams, or canals;
Explanation.- Water shall not cease to be private water within the meaning of this definition by reason only that other persons may have by custom a right of fishery therein;
(ix)'State Government' means the Government of the State of Sikkim;
(x)'Religious" water' means water belonging to a religious 'body or institution and' which has by reason thereof and on religious grounds never been fished before;
Explanation. - The provisions of this definition shall not however, debar the State Government to develop such water with fisheries which. however, will not be subjected to commercial use without the consent of the religious body or institution or the persons who may have customs attached to such water;
(xi)'religious body' means the trustees or any other person who are in charge of a 'religious institution or in whom the ownership of the religious institution vests for the time being;
(xii)'religious institution' means a temple, a mosque, a church, a monastery or any other shrine dedicated to any God or Goddess and such other institutions as the State Government may, by notification, declare in this behalf;
(xiii)'section or 'sub-section' means a section or subsection of this Act unless referred to any other Act.