State of Rajasthan - Act
Rajasthan Fisheries Rules, 1958
RAJASTHAN
India
India
Rajasthan Fisheries Rules, 1958
Rule RAJASTHAN-FISHERIES-RULES-1958 of 1958
- Published on 11 September 1958
- Commenced on 11 September 1958
- [This is the version of this document from 11 September 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title, extent & commencement.
2. Definition.
- In these rules the 'Act' means the Rajasthan Fisheries Act, 1953 (No. XVI of 1953)3. Issue of Licence.
- Licences under the Act shall be granted by the Fishery Officer in one of the forms annexed to these rules.4. Fee.
- Fees for licences under the Act shall be as follows:-| (a) | For a year | Rs. 60/- |
| (b) | For a period of on month | Rs. 20/- |
| (c) | For one day | Rs. 5/-] |
5. [ Procedure for inviting tender/auction:] [Substituted vide Notification No. F5 agri/6/88/GSR 9 dated 10-3-1997.]
| For Category 'A' | |
| Administrative Secretary Fisheries Department | Chairman, Director, |
| Fisheries Department | Member Secretary, |
| Dy. Secretary, Fisheries Department | Member, |
| Dy. Secretary, Finance Department | Member, |
| Category 'B' | |
| Director, Fisheries Department | Member, |
| Dy. Secretary, Fisheries Department | Member, |
| Regional Dy. Director, Fisheries Department | Member Secretary |
| Accounts Officer, Fisheries Department | Member |
| Category 'C' and 'D' | |
| Director Fisheries Department | Chairman |
| Regional Dy. Director, Fisheries Department | Member Secretary |
| Accounts Officer, Fisheries Department | Member |
4. [ Director, Fisheries shall have right to allot specified 'C' and 'D' category waters in the vicinity of A and B category waters leased on long term basis to lessee of such waters for fish Seed rearing on predetermined reserve price. Fish Seed shall be reared in such 'C' and 'D' category water up to fingerling stage by the lessee and the such reared seed shall be leased out in accordance with the terms and conditions as specified in form No. 3C appended to these rules.] [Added by Notification No. F. 5(8) Agri. 6/88 GSR 9 dated 10-3-1997 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I) dated 11-4-1997 at Page 9(12).]
| (i) | For Category “B” waters - | |
| Chief Executive Officer, Zila Parishad | Chairman | |
| District Fisheries Officer | Member | |
| Senior Most Accounts Officer Zila Parishad | Member-Secretary | |
| (ii) | For Category “C” and “D” water - | |
| Vikas Adhikari, Panchayat Samiti | Chairman | |
| District, Fisheries Officer or his nominee not below the rankof Fisheries Inspector | Member | |
| Senior Accounts Personnel of Panchayat Samiti | Member-Secretary |
| (i) | For Category “B” waters - | |
| Chief Executive Officer, Zila Parishad | Chairman | |
| District Fisheries Officer | Member | |
| Senior Most Accounts Officer Zila Parishad | Member-Secretary | |
| (ii) | For Category “C” and “D” water - | |
| Vikas Adhikari, Panchayat Samiti | Chairman | |
| Nominee of District, Fisheries Officer (Not below the rank ofFisheries Inspector) | Member | |
| Senior Most Accounts Personnel of Panchayat Samiti | Member-Secretary |
6. [ Procedure of payment of fee and security money in case of licence by tender/auction. [Added by Notification No. F. 5(8) Agri. 6/88, GSR 9, dated 10.3.1997 (Published in Rajasthan Gazette Extraordinary 4(Ga)(1), dated 11.4.1997 at Page 9[12]).] (1) The person whose tender/bid has been accepted shall pay 1/4 of the amount offered at the time of acceptance of his tender/bid and shall deposit the rest of the amount within a period of one month from the date of acceptance of his tender/bid, failing which the amount deposited by the date of acceptance/bidder at the time of acceptance of his tender/bid shall be forfeited and the same tenders/bidder shall be debarred from participating in auction/submitting tender for a period of 2 years :
Provided that in case the lessee fails to deposit 3/4 lease amount in the prescribed time, [Director Fisheries and in case of waters transferred to Panchayati Raj Institutions, Chief Executive Officer of Zila Parishad or Vikas Adhikari of Panchayat Samiti, as the case may be,] [ Added by Notification No. F.5(8)AH/97, G.S.R. 76, dated 24.12.2010 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I), dated 29.12.2010).] can extend the period up to 15 days if he is satisfied on the reasons for further 15 days with interest at the rate of 24%.7. [ Term of licence. - Licence granted under rule 5 shall remain in force from the date of the issue of licence to 31st March, each year including the closed season, declared by the State Government under Rajasthan Fisheries Rule, 1958] [Substituted by GSR 45, dated 26.8.1981.].
8. Refund of fees.
- The licence fee may be refund to the licensee or his legal heir on the presentation of a claim for refund within one week from the date of 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 such as change of residence to a place where the licence can not be made use or the death of the licensee immediately after the licence was issued.9. Loss of licence.
- When the licence is lost or destroyed the authority is empowered to grant a duplicate copy of the original licence on payment of a fee of rupee one and thereupon, the original licence which is lost shall be considered as cancelled.10. Conditions of the licence.
11. [ Closed season. - The period from 16th June to 31st August in each year shall be closed season during which no fishing shall be allowed :
Provided that the State Government may, by a notification published in the Official Gazette, reduce the period of closed season for any part of Rajasthan, in any year.] [Sustituted by ibid.]12. Seizure, removal and forfeiture in official enquiries.
- Any fixed engine erected or used in contravention of the provisions of rule 10 sub rule 4(1) may be sized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Govt. in this behalf, and it shall be liable by the order of the Fishery Officer or the licensing authority concerned, to forfeiture.13. Forfeiture of apparatuses used in contravention of these rules.
- All apparatus erected or used for fishing in contravention of these rules may be seized, taken and removed to the nearest police station or the fisheries office by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the fish caught shall be forfeited on conviction of the offender in addition to any punishment awarded under the Act :Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds there of dealt within accordance with the procedure laid down for the receipts under head [Appointment receipt head of fisheries] [Substituted by GSR 45, dated 26.8.1981.] subject to any orders by the Court.14. Cancellation of a licence.
- If any licensee of his agent breaks any of the conditions of the licence the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount already paid by the licensee shall not be refunded to him.15. Fishing by the Department for scientific purpose.
- Nothing in these rules shall prevent the Officers and staff of the Fisheries Department in catching fish of any species and size and in any water at any time and by any means for scientific purpose16. [ Prohibition on the sale/purchase of fish less than 500 grams. [Added by GSR 17, dated 20.9.1990 & GSR 19, dated 19.8.1991.]
- Purchase and sale of fish like Catla, mahaseer, Rohu, mrigal, Grass Carp and Silver Carp less than 500 grams in weight prohibited.Explanation. The aforesaid regulation does not include the fishes sold alive for the purpose of stocking in the tanks. The fish so found being sold shall be seized by the fisheries officer empowered in the Section '9' and shall be destroyed in his presence or shall be handed over to local zoo authorities if existing in the town by the Fisheries Officer with the permission of the 1st class magistrate.]17. [ Interpretation. [Added by Notification No. F.5(8)AH/97, G.S.R. 76, dated 24.12.2010 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I), dated 29.12.2010).]
- If any doubt arises relating to application and interpretation of these rules it shall be referred to the State Government and the interpretation of the State Government whose decision thereon, shall be final.]18. [ Removal of Difficulties. [Added by Notification No. F.5(8)AH/97, G.S.R. 76, dated 24.12.2010 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I), dated 29.12.2010).]
- If any difficulty arises in implementation of these rules it shall be referred to the State Government whose decision thereon, shall be final.]Form No. 1Seasonal Fishing Licence| 1. | BookNo.......................................................... | 2. | Licence No. …............................................. |
| 3. | Class Dragent/Castnet.................................... | 4. | Date of payment to fee …............................ |
| 5. | Free paid….................................................... | 6. | Date of issue of licence …............................ |
| 7. | Period for which issued …............................. | 8. | Name of the licensee …................................ |
| 9. | Resident of …................................................ | S/o…............................................................ | |
| 10. | Identification mark of the licensee …............. | 11. | Licensee's Age …......................................... |
1. The licensee may fish with nets of all kinds (except phalsa) provided that no net shall have at any portion of it a mesh of less than 1- 2 in size from knot to knot or 6' around except for casting nets where the size of mesh may be up to 4" or 1" from knot to knot,
2. Erection of dams or weirs, diversion of water, use of fixed engines (except stake nets) when they are temporarily in water for use in conjunction with other nets, explosive substances, poison, lime or other noxious material are prohibited. No stake net as such and phalsa in any case should be used without the permission of the licencing authority.
3. This licence must be produced on demand by any person authorised to demand it.
Form No. 21. District ..............................
2. Period for which issued ............................
3. Date of payment of fee ..............................
4. Fees paid Rs .....................................
5. Name and address of the licensee .........................................
Permission is hereby granted to the licensee to fish in the water specified below from the date of issue of this licence subject to the conditions laid down under (the Rajasthan Fisheries Rules, 1958.)Water .............................................................................................................................................................Conditions under which the licence is issued:-1. The licensee may fish with:-
2. The licensee shall not employ or engage any person (other than his own children under the age of 16) to help him with his rods unless the person so employed is also licence holder.
Form No. 3Fishing Licence (Rule No. 5)No ..............This Indenture made this ..........day of .........200--- between the Governor of Rajasthan (hereinafter referred to as The Government', which expression shall where the context so admits be deemed to include his successors and assigns) of the one part and ........... son of ............... caste ................age ............. occupation ............... resident of ......... (hereinafter referred to as the licensee which expressed on shall, where the context so admits, be deemed to include his heirs, executors, administrators and permitted assigns of the other part.Whereas upon an auction of the fishing in the waters describe in the schedule annexed hereunder (hereinafter described as 'the said waters') the boundaries of which were shown to the licensee, the licensee gave the highest bid of Rs as fee, which was accepted by the Director of Fisheries Rajasthan, and the licensee has paid the said amount i.e on and Rs on and the Government have agreed to grant the said licensee a licence on the consideration and conditions hereafter appearing.Now these presents witness-In consideration of the fees paid by the licensee as aforementioned and agreements hereafter contained and on the part of the licensee to be observed and performed, the Government hereby grants to the licensee this licence to enter in and upon the said waters to search for, catch and carry fish upon the following conditions namely:-| Signature…..................................................... | Signature................................................... |
| Designation............................................... | |
| Witness :- | Witness :- |
| (1)................................................................ | (1)................................................................ |
| (2)................................................................ | (2)................................................................ |
2. The 'LESSEE' agrees to develop the fisheries of the said tank within the time and in the manner specified by the 'Government as under:-
3. The licensee shall ovserve all the provisions of Rules and Regulation of Fisheries Department and agrees to carry out duly all instructions not inconsistant with these presents of the said Department.
4. No application from the contractor shall be entertained regarding the rise or fall in level of the water of the place auctioned as compared to its position at the time of acutioning nor can be claim compensation.
5. The licensee shall take reasonable precautions to protect Government property in the area under his possession.
6. The Security money shall be realised from the licensee as per Rule No. 6(b) of 1 (The Rajasthan Fisheries Rules, 1958).
7. [ The licensee has no right to take out anything else than the fish from the water leased to him e.g. turtles, crocodilers and others protected a aquatic animals.] [Substituted by Notification No. F.5(8) Agri.-6/88. GSR 9, dated 10.3.1997 (Published in Rajasthan Gazette Extraordinary 4(Ga)(I), dated 11.4.1997).]
8. When the licence is lost or destroyed, the authority granting this licence may grant another licence which shall be a duplicate copy of the original on payment of a fee of rupee one. The original licence which is lost shall be considered as cancelled.
9. A licensee shall be entitled to fish personally or by his agent or nominee and shall be provided with blank written permits by the Fishery Officer.
10. A licensee may use following kinds of gear only for the purpose of fishing.-
12. No licensee shall be entitled to erect any fixed engines except in the case of stake nets when temporarily fixed in water for use in conjunction with drag-nets.
13. The licensee shall not catch any fish less than 500 grams in weight of the following specis (Rohu, Narain-Catla-Mahaseer silver carp and Grass Carp if caught, shall be immediately liberated alive, into the water.
14. The licensee shall maintain regular account of catch and every catch which shall always be open for check without notice by the Fishery Officer or any body authorised in writing by the Director of fisheries. He shall be bound to send fortnightly copies of such account under-registered cover in Form No. 5.
15. The licensee or his agent or nominee shall report to the nearest fisheries station or officer wherever any remarkable feature of scientific of economic importance is noticed by him.
16. The licensee shall always transport fish under cover so as not to rouse public sentiment.
17. The licensee shall not fish in religious water or places or bathing ghats.
18. The licensee shall not use state property or interfere with material or tackle belonging to the State.
19. The licensee shall not erect any but or shed or any other structure on any embarkment etc. except under special orders of the Fishery Officer.
20. On demand the licensee is bound to show his licence or permit.
21. Any fixed Engine erected or used in contravention of the provisions of the Rajasthan Fisheries Rules, 1958 may be seized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf, and it shall be liable by the order the Fishery Officer or the licensing authority concerned to forfeiture.
22. All apparatus erected or used for fishing in contravention of these conditions may be seized, taken and removed to the nearest police station or Fishery Office by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the fish caught shall be forfeited on conviction of the offender.:
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipts under head [Appropriate receipt head of Fisheries] subject to any orders by the Court.23. If the licensee or his agent commits breach of any of the conditions of this licence, the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled & the amount paid by the licensee shall not be refunded to him.
24. Nothing in this licence shall prevent the Officers and staff of the Fisheries Department in catching fish of any species and size in the said water at any time and by any means for scientific purposes.
25. The licensee or his agent shall not dry the fish.
In witness whereof these presents have been executed in the manner hereunder appearing the day year first above written.Signed by the licensee :Signature ...........Signed for and on behalf of the Governor of Rajasthan.Signature...............DesignationForm No. 3-BAgreement form between the Fish Farmer and the Fish Farmers Development Agency[Rule No. 5 (2)]This agreement made on............ day of............ 200--- between the fish Farmers' Development Agency ............ represented by its Chief Executive Officer (hereinafter referred to as the Agency), which expressions shall unless the context otherwise admits, shall include a successive organisation, administrator, executor, or any person entrusted with the work by the Government of one part and Shri............ S/o............ Caste............ age............ resident of (referred to as the fish farmer, which expression shall unless the context otherwise admits includes his heirs/executors, and administrators), or the Fish Farmers' Co-operative Society registered under............ Act-(year) and having its registered office at............(herein referred to 'Lessee') which expression shall, unless the context otherwise admits includes his successors of the second part.Witnesses as follows:-(i)The 'Agency' hereby grants to the Lessee, the rights and liberty to undertake fish culture in the Tank/Pond/other water areas known as ............(hereinafter referred to as ............('The said Tank') situated in/near the Village............ Tahsil............ District............ to exploit, and remove the fishes contained therein by adopting appropriate techniques, for a period of............ years from day ............of month years together with the right to enter on and repass over such portions of the Government land round the said Tank as well be reasonably necessary for the adequate exercise of the right and liberty aforesaid, subject to the following conditions:-1. . The Licensee shall pay to the Government for exercising the said rights, cumulatively increasing amounts of lease money taking in to account the increase factor of 12.5%, 15% 17.5% and 20% at the end of 1st, 2nd, 3rd and 4th year respectively. Hence the licensee shall pay a sum of Rs ............ for the first year of lease period and Rs .........for the second year and Rs........ for the third year and Rs......... for the fourth year and Rs....... for the fifth year.
The prescribed annual lease money will have to be paid within one month from the allotment of the said tank in the first year while the annual lease amount for the 2nd, 3rd, 4th and 5th year will be paid to the Government on advance in or before 15th March of every year".At the end of the lease period [---] [Word 'or earlier' deleted by Notification No. F.5(8) AH 97 GSR 118 dated 15-11-1999 (Published in Rajasthan Gazette Extraordinary 4(Ga) (I) dated 23-2-2000 at page 198.] in case of condition in agreement are not fulfilled, the Fisheries rights shall stand reverted to the Government."2. The Licensee" agree to utilize the said tank only for the purpose of rearing fish up to fingerling stage which shall be stocked later in the tank namely.... given on the long lease to him. The said tank will not be used for any purpose other than fish seed rearing.
3. The Licensee shall observe all the provisions of Rules Regulations of the Fisheries Department.
4. No application from the contractor shall be entertained regarding the raise or fall in level of the said water of the place allotted as compared to its position at the time of auctioning nor can claim compensation.
5. The Licensee shall take reasonable precautions to protect Govt. Property in the area under his possession.
6. The security money shall be realised from the licensee as per rule No. 6(2) of the Rajasthan Fisheries Rules
7. The Licensee has no right to take out anything else than the fish fingerlings from the said water allotted to him e.g. crocodiles, turtles and other protected aquatic animals.
8. Licence granted shall remain in force from the date of issue of licence to 31st March each year.
9. When the licence is lost or destroyed, the authority granting this licence may grant another licence which shall be a duplicate copy of the original on payment of a fee of rupee one. The original licence which is lost shall be considered as cancelled.
10. A licensee shall be entitled to rear and stock the fish seed personally or by his agent or nominee and shall be provided with blank written permits by the Fisheries Officer.
11. The Licensee, may use the nets of suitable mesh size to harvest the fish seed However, the harvesting of seed will be done after obtaining permission of the fisheries Officer of the Fisheries Department at the district. The seed will be harvested in the presence of an official of fisheries department not below the rank of Inspector. The fish seed thus harvested shall be stocked in live condition.
12. The licensee shall not be entitled to erect any fixed engines except in the case of stake nets when temporarily fixed in water for use in conjunction with fingerling collection net.
13. The licensee shall maintain regular account of fish seed stocked which shall always be open for check without notice by the Fishery Officer or any body authorized in writing by the Director of Fisheries. He shall be bound to send fortnightly copies of such account under registered cover.
14. The licensee or his agent or nominee shall report to the nearest fisheries officer or officer where-ever any remarkable feature of scientific or economic importance is noticed by him.
15. The license shall always transport alive fish seed.
16. The licensee shall not use State property or interfere with material on hackle belonging to the State.
17. The licensee shall not erect any but or shed or any other structure on any embankment etc. except under special orders of the fishery officer.
18. On demand the licensee is bound to show his licence or permit.
19. Any fixed Engine erected or used in contravention of the provisions of the Rajasthan Fisheries Rules, 1958, 1981 and 1991 may be seized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf and it shall be liable by the order of the Fishery Officer or the licensing authority concerned to forfeiture.
20. All apparatus erected or used for fishing in contravention of these conditions may be seized, taken and removed to the nearest police station or Fisheries Officer by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the fish caught shall be forfeited on conviction of the offender:
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipts under appropriate receipt head of Fisheries subject to any order by the court.21. If the licensee or his agent commits breach of any of the conditions of this licence, the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount already paid by the licensee shall not be refunded.
22. Nothing in this-licence shall prevent the officer and staff of the Fisheries Department in catching fish of any species and size in the said waters at any time and by any means for scientific purposes.
23. The licensee or his agent shall not dry the fish".
In witness whereof these presents have been executed in the manner here under appearing on the day and year first above written.Signed by the Licensee:Signed for and on behalf of theGovernment of RajasthanDirectorDepartment of Fisheries, Rajasthan, JaipurForm No. 4PermitName ........................ The Fishing permit is valid for.................. and is granted under Licence No ........................dated ............for the period from ............to ............This shall be cancelled along with the above licence, or earlier under the orders of the authority issuing.Issuing Authority.Form No 5Catch Statement1. Name of the contractor ................................................
2. Licence No. ................................................
3. Water ................................................
4. Area ................................................
| S. No. | Dated | Detail of Species | Weight in kgs. | Remarks |
| 1 | 2 | 3 | 4 | 5 |