Section 4 in The Jammu and Kashmir Fisheries Act, 1960 (1903 A. D.)
4. Interpretation clause.
- In this Act, unless there is anything repugnant in the subject or context,-"Water" means and includes all rivers, streams and lakes; all ponds belonging to the State, and all tanks constructed by or under the authority of the State."Sanctuaries" mean and include waters, where fishing, because of the sacred nature of the places or otherwise, shall under no circumstances, be permitted."Trout Waters" mean and include all waters, which are now being stocked with English trout, in which no fishing shall be permitted, except, under a special licence issued for that purpose under the conditions laid down under [Notification 8] [For Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon. 1996.], as well as a permit showing the water and period for which the licence is issued."Reserved Waters" mean and include waters where fishing shall not be permitted, except, under a special licence issued in that behalf, in the manner indicated hereafter, nor shall the capture of fish be allowed by means other than a rod and line or a casting net of the kind described in clause (15) of For [Notification 8] [Notification see Council Order No. 606-C of 1939 published in Government Gazette dated 15th Bhadon. 1996.],N. B. - The ordinary landing net and bait net used by rod fishermen is permitted to be used, provided the owner holds a licence for rod fishing as laid down in [Notification 8] [For Notification see Council No. 606-C of 1939 published in Government Gazette dated 15th Bhadon, 1996.],"Protected Water" mean and include waters where fishing shall not be permitted, except under a licence issued in that behalf in the manner indicated hereafter, nor shall the capture of fish be allowed except by one or other of recognized modes of fishing."Fixed Engine" means and includes any net (other than those referred to in the clause above and the note thereto relating to "Reserved Waters", and any cages, traps, cluice or other contrivance for taking fish, fixed in the soil, or made stationary in any other way.N.B - The erection of dams for working of mills, etc., is permitted, but in all cases a free channel must be left open for the passage of fish up and down the river, The channel should, if possible, be half the river but the rights of mill owners should be protected, so that a sufficiency of water is guaranteed for their mills. The construction of the dam to form a cluice for the capture of fish is illegal as forming " Fixed Engine" under the terms of the above clause.
