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State of Assam - Section

Section 8 in Fishery Rules

8.

(a)Settling authority. - The Deputy Commissioners or the Additional Deputy Commissioners in case of Sadar Sub-Divisions and Sub-divisional Officers in case of other sub-divisions be the authorities for settlement of all registered fisheries under tender system of sale in their respective jurisdiction.
(b)Extension of the term of lease. - (i) Where the period of lease of registered fisheries being ordinarily not less than three years is interfered with, due to any natural cause or for any unavoidable reasons beyond the control of the lessees, Government may extend the period of such lease supported by official reports as to the nature of cause in exceptionally special case for a reasonable period so as to enable such losses to make good the loss.
(ii)The State Government may also, on the recommendation of the Director of Fisheries, extend the period of lease of a fishery with an intending pisciculturist who shall invariably be the sitting lessee and who agrees to accept such an extension at the revenue and for such additional terms and conditions as may be specified by Government:
Provided that one of the conditions of extension of lease against piscicultural plan shall invariably be the implementation of approved scheme or schemes of development and improvement of such a fishery at the lessee's own cost within a target period to be fixed by Government.The orders of extension of lease on the aforesaid grounds, passed by the State Government shall be final and no appeal shall lie against such orders of extension.
(c)
(i)Development of Fisheries and their consequential settlement. - The State Government on expiry of the term of settlement, may at any time, by a notification in the official Gazette, stop any fishery from further settlement under tender system and vest management of such a fishery with the Director of Fisheries for development. On publication of such notification, the Deputy Commissioner or Sub-divisional Officer, as the case may be, shall hand over the fishery to the Director of Fisheries :
Provided that the Director of Fisheries may call for tenders consistent with the relevant provisions of these rules for settlement of such a fishery and submit the same with his views thereon fifteen days of date of opening the tenders to Government for approval. The decision of the State Government in this behalf shall be final:Provided further that such settlement shall not interfere on conflict with the work of development of such a fishery and that the provisions of Rule 50 of the Fishery Rules will not apply in case of such settlement.
(ii)The State Government may, at any time after constitution of the Assam Fisheries Development Corporation by Notification in the official Gazette, vest management of any of any registered fishery with the Assam Fisheries Development Corporation as considered necessary for the purpose of its development and management. On publication of such Notification, the Deputy Commissioners, Sub-Divisional Officers and the Director of Fisheries, Assam, as the case may be, shall handover such fisheries to the Corporation.
(d)[* * * *]
(e)Re-sale of fisheries. - When for default of kist money or for violation of any of the conditions of the fishery lease including any of the provisions of these rules by a lessee, the fishery shall be put to re-sale under tender system at the risk of original lessee, notice of re-sale shall be given as in the case of the original sale with the additional proviso that the re-sale shall be at the risk of and on account of the original lessee :
Provided that the question of such re-sale shall not be applicable where State Government permits extension of time for payment of kist money.