State of Punjab - Act
The Punjab Fisheries Rules, 1956
PUNJAB
India
India
The Punjab Fisheries Rules, 1956
Rule THE-PUNJAB-FISHERIES-RULES-1956 of 1956
- Published on 10 January 1956
- Commenced on 10 January 1956
- [This is the version of this document from 10 January 1956.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
Fishing in any of the public waters in any of the districts of the State (except in the Kangra District) is prohibited except under a licence to be obtained from the Warden of Fisheries, Punjab, or any officer authorised by him in this behalf and strictly in accordance with the conditions of such licence.2.
On or after the 1st of September each year the Warden of Fisheries, Punjab, or any officer specially appointed by him for the purpose, shall put to public auction the right of fishing in the specified public waters or portion of the public waters in each district and shall grant a licence to fish to the highest bidder, if the highest bid is that of a Fishermen Co-operative Society, in respect of each public water on payment of the amount offered by him in full or by instalments as hereinafter provided. In case the highest bid is not of a Fishermen Co-operative Society, the contract will be given to highest bidder only if his bid is at least 10 per cent more than the highest bid of a Fishermen Co-operative Society. In case the highest bid is not above 10 per cent of the highest bid of Fishermen Co-operative Society, the contract will be knocked down in favour of the Fishermen Co-operative Society.Provided that in case of contingencies, the auctioning authorities shall have the right to fix a reserve price for the water under auction. If the highest bid is below the reserve price, Government will have the right to reject highest bid. In such cases the Department itself will exploit that water for catching and selling of fish.3.
The licensee shall pay the amount offered by him for the fishing right in full at the time of auction or by three equal instalments (1) at the time of auction, (2) on Ist December, (3) on 1st March. In the latter case the licensee may also be required to furnish sufficient security for the payment of future instalments:Provided that the licence fees paid may be refunded to the licensee or his legal heir on the presentation of a claim for refund within one week from the date of the issue of licence if it is proved to the satisfaction of the officer issuing the licence that the licence was not availed of under special circumstances, e.g. change of residence to place where the licence could not be made use of, or the death of the licensee immediately after the licence was issued.4.
A licence granted under rule 2 shall remain in force from the 1st September in each year to the 1st August in the year following, but no fishing except with Rod and Line and Hand Line shall be allowed during the closed period from 1st July to 15th August.5.
The licensee shall be entitled to fish personally or by his agent or nominees whose names are specified in the licence and are provided with written permits signed by the Deputy Warden of Fisheries of the Division:Provided that nothing in the rules shall -6.
The following shall, inter alia be the conditions of every licence granted under rule 2:7.
All apparatus erected or used for fishing in contravention of these rules may be seized, taken and removed to the nearest Police Station by any person empowered under section 6 of the Act, and all such apparatus may be forfeited by the Magistrate in addition to any punishment that may be awarded under section 5 of the Act.8.
If any person licenced under rule 2 or any person holding a permit under rule 5 is convicted of a breach of the rules herein notified, the Warden of Fisheries, Punjab, may cancel the licence or permit of the person convicted.9.
10.
On the cancellation of the licence, all permits issued along with it shall also be considered as cancelled, the amount already paid by the licensee shall not be refunded to him, the right of fishing shall be re-auctioned by the Warden of Fisheries, Punjab in the manner, hereinbefore provided.11.
Nothing in these rules shall prevent the catching of any species of fish or any size of fish at any time of the year by any method by any person or person employed or authorised by the Department for research and development purposes from any waters whether auctioned or not.12.
Nothing in these rules shall prevent the Department to reserve any waters for research purposes or for supply fish departmentally.13.
The offering or exposing for sale and barter of any species of fish killed in contravention of these rules is prohibited in the State and any contravention thereof shall render the person liable to conviction.Rules for the issue of the State angling licencePublished vide Punjab Government Notification No. 3540 D, dated 24th July, 1928.1. Any person desiring to fish with Rod and Line in the public waters of the Punjab, must obtain a State Angling Licence to be granted by the [Warden of Fisheries, Punjab.] [Added by Punjab Government notification No. 1461-Agriculture, dated 18th April, 1945.]
2. A licence granted under rule (1) shall apply to all the public waters of the Punjab given below :-
Portions of rivers Jumna, Sutlej, Beas, Ravi and their tributaries, streams Ghaggar, Sarusti, Narkanda and their tributaries and of all Government Canals situated in the Punjab with the following exceptions:-3. Licences shall be non-transferable and shall remain in force from the 1st day of September in each year to the 31st day of August, in the year following.
4. Fees shall be as follows:-
For all the waters mentioned in rule 2 ............ Rs. 15 for the season or any part thereof.[Provided that the licence fees paid may be refunded to the licensee or his legal heir on the presentation of a claim for refund within one week from the date of the issue of licence if it is proved to the satisfaction of the officer issuing the licence that the licence was not availed of under special circumstances, e.g., change of residence to a place where the licence could not be made use of or the death of the licensee immediately after the licence was issued.] [Added by Punjab Government notification No. 2755-D, dated 1st November, 1933.][Where a licence granted under the rule is lost or accidentally destroyed, the authority empowered of grant such licence may grant another licence which shall be a duplicate copy of the original licence on payment of a fee of one rupee or the original fee of the licence, whichever is less.] [Added by Punjab Government notification No. 2554-D, dated 29th November, 1940.]5. It shall be condition of every licence granted under these rules that the licensee shall fish with Rod and Line only [using not more than two rods at any one time,] [ Added by Punjab Government notification No. 2137-D, dated 4th June, 1930.] and shall obtain the permission of the reparian owners for fishing in waters (i) which have been or may hereafter be declared as "private waters" or (ii) which even though they have been declared as public waters, such permission is necessary according to the entries in Wajib-ul-Arz or Record-of-rights of the village concerned.
[5-A. It shall be a condition of the licence that every licensee shall be bound to show his licence to any person empowered under section 6 of the Act to arrest without warrant for offences under the Act.] [Added by Punjab Government notification No. 85-D, dated 10th January, 1931.]6. [The Warden of Fisheries, Punjab may cancel the licence of any person convicted under the Punjab Fisheries Act, II of 1914, or the Indian Fisheries Act, IV of 1897.] [Added by Punjab Government notification No. 1461 Agricultural, dated 18th April, 1945.]
7. The possession of a licence in no way permits the holder to enter on to the Headworks of the Canal without the permission of the Executive Engineer or an officer deputed by him to grant such permission.
8. The licensee's children below the age of 16 may fish along with the licensee without a licence.
Rules for the Prohibition and Regulation of Fishing in the Waters of Rivers in the Proximity of Canal Head-worksAdded by Punjab Government notification No. 3266 Agricultural, dated 22nd May, 1947.Part I – Rod and Line Fishing
1. No person shall fish in any of the waters specified in Schedule 'A' appended hereto otherwise than with rod and line and except a licence to be granted by the Executing Engineer in charge of the Headworks concerned or by the Warden of Fisheries, Punjab.
[-] [Proviso omitted - It related to territory now forming part of Pakistan.]2. The fees for different classes of licence shall be as follows:-
| Rs | A. | P. | |
| (i) For a season licence | 10 | 0 | 0 |
| (ii) for a monthly licence | 1 | 0 | 0 |
| (iii) for a daily licence | 0 | 3 | 0 |
3. Where a licence granted under the last preceding rule, is lost or accidentally destroyed, the authority which granted it may issue a duplicate, on payment of fee of one rupee or the original fee of such a licence, which ever is less.
4. A licence granted under rule 1 shall authorize the holder to fish with rod and line only using nor more than two at any one time.
Provided that the licensee may either himself or through servant in his presence net Chiwa for use as bait and for no other purpose with a small meshed casting net not exceeding 2-½ feet in diameter.5.
Part II – Fishing otherwise than with Rod and Line
6. No person shall fish in any of the waters specified in Schedule 'B' appended hereto under a licence to be granted by the Executive Engineer incharge of the Canal Division concerned.
7. On or after the first day of August each year the Executive Engineer incharge of the Canal Division concerned or any Sub-Divisional Officer specially appointed for the purpose by him shall put to auction the right of fishing in the waters lying within his Division which are mentioned in Schedule 'B':
Provided that the Executive Engineer may auction the water either individually or in such groups as he may deem fit.8. (i) All auctions shall be subject to a reserve price to be fixed by the Executive Engineer.
9. (i) The Executive Engineer shall grant a licence to fish on payment of the full amount of bid as hereinabefore provided.
10. In respect of waters for which no licence is granted under rule 9, the Executive Engineer or officer appointed by him in this behalf may grant season licences or daily licences for rod and line fishing and may issue duplicate thereof in accordance with rules 3 and 4 of Part I on payment of the following fee:-
| Rs. | A. | P. | |
| (i) for a season licence | 3 | 0 | 0 |
| (ii) for a daily licence | 0 | 8 | 0 |
11. The following shall, inter alia, be conditions of every licence granted under these rules:-
| Rs. | A. | P. | |
| (i) for a season permit | 3 | 0 | 0 |
| (ii) for a daily permit | 0 | 8 | 0 |