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State of Uttar Pradesh - Act

U.P. Fisheries (Development and, Control) Rules, 1954

UTTAR PRADESH
India

U.P. Fisheries (Development and, Control) Rules, 1954

Rule U-P-FISHERIES-DEVELOPMENT-AND-CONTROL-RULES-1954 of 1954

Published on 1 January 1954
Commenced on 1 January 1954
[This is the version of this document from 1 January 1954.]
[Note: The original publication document is not available and this content could not be verified.]

U.P. Fisheries (Development and, Control) Rules, 1954Published vide Notification No. 778/12-F-469-48, dated September 11, 1954Last Updated 4th February, 2020In exercise of the powers conferred by sub-section (1) of Section 3 of the U.P. Fisheries Act, 1948 (U.P. Act No. 45 of 1948), the Governor is pleased to make the following rules under the aforesaid Act, the draft of the same having been already published in Notification No. 60/12-F-469-48, dated April 6, 1953 :

1.

(i)These rules may be called the Uttar Pradesh Fisheries (Development and Control) Rules, 1954.

(ii)They shall apply to waters other than the private waters and religious waters as may be defined by the District Magistrates concerned in their respective districts.

1A. [ Definition. [Inserted by Notification No-26/2019/ 1675 / XVII-MA-2019-6-9(85)/2017, dated 5.12.2019 (w.e.f. 11.9.1954).]

- In these rules unless the context otherwise requires:-

(a)"Fisherman/Machhuara/Machhua" means any person who earns livelihood actively from the production and sale of fishes as well as its connected activities;

(b)"Matsya Jivi Sahkari Samiti" means the Society which is registered by Registrar Fisheries under Uttar Pradesh Cooperative Societies Act, 1965.

(c)"Family of Fisherman" means his or her wife/husband, son (up to the age of 21 years), unmarried daughter, adopted child, dependent parents (mother and father), minor child/ward of son, widow/divorcee daughter who is dependent on him.

(d)"Machhuwa Avas" means the house having been constructed as per standard and area fixed by Central Government or Uttar Pradesh Government for homeless Fisherman (Machhuara).

(e)"Fisherman (Machhuara) Accident" means death of fisherman/Machhuara in any accident, permanently or partially disabled falling under any rules prescribed by Central Government.

(f)"Natural Calamities" means flood, drought, hailstorm, deluge/spate (Ativrasti), fire break and other natural calamities notified by Revenue Department of State of Uttar Pradesh.

(g)"Family living below poverty lines" means family living below the minimum income fixed by the Central Government / State Government for treating below poverty line.

(h)"High-school and Intermediate Examination Pass" means the certificate issued by Board of High School and Intermediate Education, Uttar Pradesh, Central Board of Secondary Education, Council for the Indian School Certificate Examinations or any other Board recognized by the Central Government /State Government.

(i)"University" means a University recognized by University Grants Commission.

(j)"Fund Operating Committee" means the Committee constituted under rule 5 of these rules.

(k)"Concerning amount of fund" means the amount which has been provided/granted by the Central Government/State Government for the welfare of fishermen as well as earned money from interest and dividend.]

2.

No person shall destroy or attempt to destroy fish by any explosive substance or by poisoning or pollution of waters by trade effluents.

3.

No person shall be allowed to catch, destroy or sell fry and fingerlings (2"-10") from July 15 to September 30 and breeding fish from June 15 to July 30 in the prohibited areas for fishing and the district as given in Schedule-A appended hereto except under a licence issued by the Director of Animal Husbandry, Uttar Pradesh.

3A. [ [Added, by Notification No. 387/XIII-F-90-47, dated May 30, 1963, published in U. P. Gazette, Part I-A, dated June 8, 1963, p. 1564.]

No person shall erect a fixed engine or catch or destroy any fry, fingerling or fish by using, at any point in river Ganga between Bithoor Ferry Ghat, in Kanpur and Sangam at Allahabad].

4.

Any apparatus erected or used for fishing in contravention of these rules and the fish caught by means of such apparatus shall be liable to seizure, removal and forfeiture and any consignment of fish held or transported in contravention of these rules shall be liable to be forfeited.

5. [ The Uttar Pradesh Fishermen Welfare Fund. [Inserted by Notification No-26/2019/ 1675 / XVII-MA-2019-6-9(85)/2017, dated 5.12.2019 (w.e.f. 11.9.1954).]

(1)The object of making Uttar Pradesh Fishermen Welfare Fund is to make available financial assistance to fishermen and to the welfare and development programmes for welfare of fishermen.

(2)The Uttar Pradesh Fishermen Welfare Fund would operate for fishermen and Machhuara of all districts of the State of Uttar Pradesh. For fulfillment of its objectives, works would be executed by employees of Fisheries Department, Uttar Pradesh and Uttar Pradesh Fishermen Co-operative Federation Limited. The Headquarter of this Fund would be at Fisheries Directorate, 7-Faizabad Road Babuganj, Lucknow.

(3)Assistance would be granted from this fund for the following items -

(a)establishment of infrastructure facilities in Fishermen (Machhuaras) dominated villages that also includes construction of community hall;

(b)to provide financial assistance to fishermen/Machhua family in the event of any damage occurred by natural calamities;

(c)marriage assistance;

(d)assistance for education (coaching, progression of skill, scholarship etc.);

(e)medical assistance;

(f)old age assistance;

(g)machhua avas construction assistance apart from Central Government on the standards fixed by them;

(h)expenditure upto two percent of total fund on the training/visit of fishermen/Machhua for providing higher technical knowledge, arrangement of inter state visit, skill development, exhibition and seminars;

(i)empowerment of women of fishermen/Machhua families;

(j)to provide facility of net for catching fish/equipments and make available Moped ice box etc. for selling of fish;

(k)subvention of interest for fisheries short term and long term bank loans/ Fishermen credit card. Subvention rates will be as per decision of State Government of Uttar Pradesh;

(l)electricity subsidy for aquaculture activities;

No additional amount would be provided beyond the standards prescribed by Central Government /State Government. The establishment of infrastructure facilities would be executed after obtaining the financial sanctions by the competent authority up to the estimated limit submitted by any authorized government agency as per the Public Works Department schedule of rates.

(4)The following would be Financial Sources of this fund;-

(a)Departmental Budget received from the State Government and the financial assistance from the Central Government or any other organization or body;

(b)Self-contributory fund received from Public Undertakings of Central/State Government and all nationalized banks;

(c)Interest received on fund/dividends/Bonus amount;

(d)Amount received through charity/donation;

(e)Nidhi /amount received under different schemes, programs and policies of State Government / Central Government.

(5)The arrangement and operation of Uttar Pradesh Fishermen Welfare Fund would be done by the Managing Committee. The Managing Committee would be as follows:-

(a)	Agriculture Production Commissioner	Chairman
(b)	Additional Chief Secretary/ Principal Secretary/Secretary, Fisheries	Vice Chairman
(c)	Director, Fisheries	Member Secretary
(d)	Additional Chief Secretary/ Principal Secretary/Secretary, Finance Department or officer nominated by him	Member
(e)	Chief Engineer or Executive Engineer of PublicWorks Department nominated by Additional Chief Secretary/Principal Secretary/Secretary of Public Works Department	Member
(f)	Managing Director, Uttar Pradesh Matsya VikasNigam Limited, Lucknow.	Member
(g)	Managing Director, Uttar Pradesh Matsya JiviSahkari Sangh Limited, Lucknow	Member
(h)	Finance and Accounts Officer, FisheriesDirectorate and Treasurer	Member

(6)The managing Committee will take the decision on the following functions:-

(a)The determination of amount of item-wise financial assistance from Welfare Fund;

(b)The annual activities which will be operated;

(c)Approval of eligibility of beneficiaries and their names;

(d)The sanction of relief/assistance from this fund on new programs for welfare of Fishermen/Machhua;

(e)Decision on the investment amount of fund;

(f)Standardization of programmes which are operating from the assistance of fund;

(g)Decision on dovetailing for the assistance of this fund with any other scheme of Central/State Government;

(h)Decision on expenditure for advertising and extension of the fund from interest earned from the fund.

(7)The quorum of meeting would be fifty percent members apart from the Chairman of Managing Committee. The meeting of Managing Committee would be convened at least twice in a year. In special circumstances the same shall be convened at any time. The period of notice of meeting would be seven days whereas in the event of emergent situation the period of notice would be three days.

(8)Chairman of Managing Committee would have power to release amount of relief by declaring financial assistance in emergent situation as per the provisions contained under the Fund and sanction of which would be approved in the next meeting of Managing Committee. The State Government would have power to double the amount of assistance received from this fund for any activity.

(9)Under special circumstances, the sub-committee under the Chairmanship of Principal Secretary, Fisheries Department would be as follows ;

(1)	Additional Chief Secretary/ Principal Secretary/Secretary, Fisheries	Chairman
(2)	Director, Fisheries	Member Secretary
(3)	Joint Director, Fisheries	Member
(4)	Finance and Accounts Officer, FisheriesDirectorate	Member

(10)The meeting of sub-committee may be called at any time in emergency, but it is necessary to take post facto approval of managing committee on the decision taken by sub-committee.

(11)The power to give financial sanction up to the approved limit of amount granted by Managing Committee and sub-committee would be vested in Director Fisheries under the powers delegated to Head of Department according to the Financial Hand Book Volume I and upto the finacial sanction limit as provided by the State Government orders issued from time to time and power to all financial sanction beyond that limit would be vested in Administrative Department of Uttar Pradesh Government.

(12)Any fishermen/Machhua would get relief only once from one scheme of State Government or Central Government.

(13)For getting assistance from aforesaid fund, application completed in all respect would be submitted to District Magistrate on the prescribed format. After verifying the application, all the formalities would be completed by the fisheries department within one month from the date, the application is received in the department. Eligibility criteria of beneficiaries would be made applicable as per the prescribed eligibility conditions fixed by Revenue Department/ Backward Welfare Department/Social Welfare Department of Uttar Pradesh Government, under Blue Revolution Integrated Development & Management of Fisheries Scheme of Central Government from time to time.

(14)In case the State Government finds that any person is getting assistance by concealing any fact or by fraud then the recovery shall be done as land revenue in accordance with the provision of the Civil Procedure Code.

(15)Accounts of Fund would be maintained regularly and audited by the Department and Auditor General.

(16)An annual report would be sent to the State Government within six months from the beginning of a calender year in which the list of number of beneficiaries having obtained financial assistance under different schemes as well as scheme-wise and audited details of accounts would be made available.

(17)Accounts would be opened in Nationalized Bank/Post-office as per requirements with the permission of Finance Department, Uttar Pradesh Government. The account would be operated jointly by Director, Fisheries and Finance and Account Officer, Fisheries Directorate. Rupees One Crore would remain deposited in the account opened for providing immediate relief in emergent situation. The interest received on deposited money obtained from other sources would be utilized for activities of fund after sanction of Managing Committee.

(18)Twenty five percent amount of received grant from State Government in every year would be deposited in the account of Bank/Post-office of Rakshit Nidhi so that in the event of non-receipt of government grant in future, activities of the Fund would be operated from its interest.

(19)Financial Power of Fund would be vested in Director, Fisheries.

(20)For proper maintenance of the Fund a unit would be established in Fisheries Directorate and posting of employees/staff would be made by Director, Fisheries who would execute the works of the unit simultaneously with their works. The following personnel would be posted in the unit:-

(a)	Deputy Director, Fisheries	01
(b)	Assistant Director, Fisheries, Directorate	01
(c)	Assistant Accounts officer, Directorate	01
(d)	Additional Statistics Officer, Directorate	01
(e)	Fisheries Inspector or Fisheries DevelopmentOfficer	01
(f)	Senior Assistant	01
(g)	Junior Assistant	01
(h)	Computer Operator	01

(21)The payment of pay/honorarium to contractual employees engaged from Service Provider would be done from the interest received from deposit fund.]

A

List of Prohibited Areas Referred to in Rule 3

District	Name of the river	Name of breeding centre or "prohibitedareas" of fishing
1. Jaunpur	Gomti	The river Gomti within the limits of JaunpurDistrict from village Gajenpur on the westem-end up to villageBheree on the far eastern end and all nalas including the PilliNadi connected with this river.
	Sai	The river Sai within the limits of JaunpurDistrict from village Hareepur in tahsil Machhlisahar at thewestern end up to village Rajepur, in tahsil Kerakat at theconfluence of rivers Sai and Gomti and all the nalas connectedwith this river within these limits.
2. Banaras	Ganga	Kaithi (Ganga-Gomti-Sangam) to the limits ofvillage Tarpur up to the Nagwa Ghat all nalas connecting it.
	Varuna	From Rajghat (Ganga-Varuna-Sangam) up to theNorthern Railway bridge at Shivpur.
3. Allahabad	Yamuna	Nihara Ghat to junction Sasurkhaderi Nadi withYamuna.
	Ganga	Dropadi Ghat to Sangam.
4. Mirzapur	do	Sheopur Ghat near Vindhyachal and Barainighatnear Kachwa.
5. Kanpur	do	Four furlongs west of Jajmaughat, Jaimuka Nalaand Dabka Nala connected with river Ganga.
6. Agra	Yamuna	One mile on either side of the Yamuna bridgesin Agra City, one mile on either side of Mau Nala and one mileeither side of Kithan Nala, Jharna Nala, from one mile above thebridge-on Agra-Tundla Road down to its junction with the Yamuna.
	Khari Nadi	Portion from Terah Mohri to Singharpur bridgeon the Agra-Fatehpur Sikri Road.
	Ban Nadi	One mile on either side of the causeway nearvillage Kohlua.
	Utangan Nadi	One mile up and down the junction of theUtangan Nadi and the Yamuna River near village Pendora.
7. Unnao	Ganga	Water-logged area of river Ganga from Sahjanivillage to Suckhlganj, a distance of about 4 miles on eitherside of Lucknow-Kanpur Road including the water-logged areasunder Choti Pulia, Bari Pulia and in villages Pipar Khera Koriand Rajwa Khera.
		River Ganga one mile on either side of Kanpurbridge.
		Water-logged areas of river Ganga from Sahjaniturn to Gangaghat along Lucknow-Kanpur rail road belonging toNorthern Railway.
	Kalyani	Water-logged areas of Kalyani river and Gangain villages Straham, Barmaula, Kandhai Khera and popularly knownas Suroha Tal and Kandhai Khera Tal.
	Fariar Nadi	Fariar Ki Nadia or Nala connected with KalyaniNadi.
	Bhandi Nadi	Bhandi Nadi from village Nagwa to Korat, adistance of about 6 miles.
8. Balia	Ganga	Two miles east of Kotwa Ghat, Kather Nala andfrom Haibatpur village at the Sangam of Ganga to the east up toHaldigram. Ditches from Phephna Railway Station (N.E.R.) toReoti Station on both sides of the Railway line for fingerlingcollection.
	Ghaghra	Haldirampur Nala and 2 miles east and west ofHaldirampur village at the confluence of Ghaghra.
9. Kheri	Ull	River Ull between Mothana and Nagar (about 7miles) and the following nalas connecting it : Pipraha GhatNala, Balu Diha, Chhoran, Gonda Nala, Seth Ghat, Leth Ghat NalaPurani Ghandmari Chhoran.
	Ghaghi	The portion of Ghaghi River from Behamanpur towhere it joins the Ghauka River about 8 miles.
	Ghauka or Sharda	Within a radius of 3 miles from Pachperi Ghatincluding all connecting nalas located with the said radius andalso Bahatia Nala between Sauna and Lodhauri.
	Kandawa	River Kandawa or Kandhala between Pipra Farmand Mechanized State Farm Mandjhara and all nalas connecting it.
	Gomti	Within a radius of 2 miles from Kalidah.
10. Lucknow	Gomti	Gaughat to Pip-ahaghat (a distance of about 9miles) including water, logged areas of Chiraiya Lake, SikandarBagh, Bhainsa Kund and La-Martinere.
11. Jhansi	Pahuj	From the railway reservoir near village Athaunaup to about Nibi near Chrigaon village 5 miles on Bhander Roadwith all nalas connecting it, viz. Palipahari, Raksha BhadaiKarra, Bachawali, Burha (alongwith Ganrhmaun Tank wherefingerling isolate), Naunia and Ganga Nala.
	Betwa	Portion of river form village Gursaur(Kisalwans Ghat) upto Erachh with all the nalas connecting itand stretch of the river in and around village Geora alongwiththe ponds.
	Shahjad	Portion of the river 2 miles up the LalitpurDam and below upto village Semra Dang with the nalas connectingit.
	Sajnam	Portion of the river between Khitbans andSitawan and the nalas connecting it.
	Janvni	From Chaprat to Bir (where it joints riverDhasan) and the nalas connecting it.
	Banai	From village Anaura upto village Marautalongwith the bank in village Kalyanpura.
	Dhasan	From Deori Ghat upto Lachura Ghat and the nalasconnecting it.
	Larwan	Three miles above Banks Pahari and down uptoBarwar Reservoir.
12. Shahjahanpur	Garrah	From Danyapur to one mile above Railway bridgeand all nalas connecting it in this portion.
	Khannaut	From Danyapur to one mile above Railway bridgeand all nalas connecting it in this portion.
	Ramganga	Bijpura Ghat to village Kandhar and all nalasconnecting it in this portion.
	Sawai Nala	Sawai Nala, whole length.
	Khandanya Nala	Khandanya Nala, whole length.
13. Bara Banki	Chauka	Water-logged areas of river Chauka on eitherside of the road from Ram-nagar to village Mahadeva (about onemile).
		Water-logged areas of river Chauka along theKachcha road from Mahadeva to Bado Sarai and Kintur villages(about 2-½ miles).
		Sisaura Nala connected with river Chauka nearChaukaghat Railway station.
		Water-logged areas of river Chauka popularlyknown as Putaria Kund, Babunia Kund, Nauraiya Kund, and Railwaytank near Chaukaghat Railway Station.
		Sota Nala connecting Nauraiya Kund with riverChauka.
		Pharhi Bhatauli Nala connected with riverChauka.
	Gomti	Ibrahimabad Nala, Kutwa Nala,Babhanpurwa-ka-Nala connected with river Gomti.
	Kalyani	Kalyani Nadi ½ mile on either side ofSafdarganj Railway Station.
	Retti	Retti Nadi from Chilhatta to Sharifabad (adistance of about 5 miles).
14. Gonda	Suon	From Chandey to Pahtiwa, a stretch of about 3miles inclusive of Chandey Tal, Mugahar Nala, Berahi Nala,reaches of Suon through Nahar, Tawa, Gelhpur and Subhayapur.
		Water-logged areas of river Suon in villageNakhanala known as Bhain-sahia Tal, Bhagwatpur, Banjari, Baluhaand Sapahi.
	Rapti	A stretch of 5 miles up and down Sisai Ghat atBalrampur.
		Water-logged areas of river Rapti known asRenuva, Khajua and Vinda Tala on Balrampur Bahraich road.
	Tehri	From Tarabganj downstream up to villagePatparganj near Nawabganj, a stretch of about 24 miles.
		Water-logged areas of Tehri River known asJhilia.
15. Sultanpur	Gomti	River Gomti from Katawan to Hathia, a stretchof 7 miles.
		Ganga Nala discharging city drainage water intothe river Gomti.
		The two tributaries of Chunha Nala one fromHasanpur to Chunha and the other from Utri village to Kund warPull and discharging into river Gomti, a stretch of 7 miles.
		Hathia Nala from Gharaha village to itsconfluence with river Gomti a stretch of one mile.
		Basurdhi Nala from village Basurdhi to itsconfluence with river Gomti, a stretch of 4 furlongs, JamuriaNala from Saffullaganj to its confluence with river Gomti, astretch of 4 furlongs, Kharya Nala from village Katawan to itsconfluence with river Gomti.
		Manhara Nala from village Amkal to itsconfluence with river Gomti, a stretch of 4 furlongs.
		Agai ka Nala from village Agai to itsconfluence with the river Gomti.
		Dudhya Nala from Police Line and Chunha villageto its confluence with river Gomti.
		Water-logged areas of river Gomti known asGolaghat on either side of Kharkhane village and the watersbehind Deputy Commissioner's bungalow.
		Water-logged areas on river Gomti in villageAmai and Bhadra.
		Water-logged areas on nver Gomti in villageJejour.
		Main or Paranjot-ka-Churan of river Gomti invillage Main, Narhi and Paranjot.
16. Pratapgarh	Sai	River Sai from Dardehlamau to Karbala, astretch of 7 miles.
		Chaphaila Nala from Mohli and Nawabganj to Sai,a stretch of 2 miles.
		Baraicha-Chilhia to Sai, a stretch of one mile.
		Tilia Dehka Nala from Idgah to Sai Gulra Nalafrom Partakpura to Sai, a stretch of 5 furlongs.
		Ganda Nala discharging city drainage water intoSai Nala, Belhamai temple.
	Bakulahi	From Vishwanathganj village to Sai.
17. Faizabad	Ghaghra	From Miranghat to Fatehpur Sariyayan.
	Tons	From Mirzapur to Johardih at Akbarpur.
18. Bareilly	Ram Ganga	From Fatehganj (west) down to the Pontoonbridge near village Chanbari in Tahsil Bareily and one milelower down.
	Gallot Nadi	From village Salehnagar down to its confluencewith Ram Ganga near village Kundra in Tahsil Bareily.
19. Meerut	Yamuna	From Ghoripur down to Baghpat, Katha up toDelhi border.
	Hindon	Three miles on either side of Hindon bridge onMeerut Bhaghpat Road, including the back-waters near villageBaleni, i.e. Peerwala, Dalso-Khera and Dhaulri.
20. Farrukhabad	Ganga	One mile on either side of Quia Ghat, BargadhlaGhat to Kutcherry Ghat (excluding the immediate vicinity of theGhats), Military Nala near Quia Ghat, Garhia Khaley near theKutcherry in Farrukhabad, half mile on either side of "Katri"opposite to Bargahdia Ghat across the Sot (water channel).
21. [ Gorakhpur [Added by Notification No. 6221/XII-F-88-54, dated September 1, 1960, published in U. P. Gazette, Part I-A, dated September 10, 1960, p. 1903.]	Rapti	River Rapti within the limits of GorakhpurDistrict from Dhani Bazar in the North up to Ghazipur in theSouth (in Bansgaon Tahsil) with all nalas and water-logged areas(including Hanumangarhi, Rajghat, Bahrampur, Durwar and ChakiaMahewa) connected with this river within these limits.
	Rohin	River Rohin within the limits of GorakhpurDistrict from Tal Khandi upto Gorakhpur with all nalas andwaterlogged areas, including areas of Domingarh (belonging toN.E. Railway) connected with this river within these limits.
	Jhun Jhun Nala	Whole length in Gorakhpur District.
	Jati Nala	Whole length in Gorakhpur District.
	Gorra Nala	Whole length in Gorakhpur District.
	River Ammi	Within the jurisdiction of Gorakhpur District.
22. Basti	Rapti	River Rapti within the limits of Basti Districtfrom Domariaganj to Phanghatiyaghats, (in Basti Tahsil) with allnalas and water logged areas, connected with the river withinthese limits.]

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