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State of Tamilnadu- Act

Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights In Water Sources Vested and Regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999

TAMILNADU
India

Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights In Water Sources Vested and Regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999

Rule TAMIL-NADU-PANCHAYATS-LEASE-AND-LICENSING-OF-FISHERY-RIGHTS-IN-WATER-SOURCES-VESTED-AND-REGULATED-BY-VILLAGE-PANCHAYATS-AND-PANCHAYAT-UNION-COUNCILS-RULES-1999 of 1999

  • Published on 16 August 1999
  • Commenced on 16 August 1999
  • [This is the version of this document from 16 August 1999.]
  • [Note: The original publication document is not available and this content could not be verified.]
Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights In Water Sources Vested and Regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999Published vide Notification No. G.O. Ms. No. 169, Rural Development (P3), dated the 16th August 1999 - No. SRO A-62(a)/99Published in Part III - Section 1(a), of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd August, 1999.G.O. Ms. No. 169. - In exercise of the powers conferred by section 242 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of1994) and in supersession of the Tamil Nadu Lease and Licensing of Fishery Rights in Panchayats, Panchayat Union Rules, 1983, the Governor of Tamil Nadu makes the following rules: -

1. Short title.

- 1. These rules may be called the Tamil Nadu Panchayats (Lease and Licensing of Fishery Rights in Water Sources Vested and Regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999.

2. The rules hereby made shall come into force on the 23rd August 1999.

2. Prohibition of fishing without lease or licence in water sources under the control of village panchayat or panchayat union council.

- No person shall take any fish from the water sources specified in Appendix I of these rules except under a lease or licence granted by the village panchayat or the panchayat union council, as the case may be, or by such authority as may be authorised by them with such conditions as may be specified in the lease or licence, as the case may be, which may be suitably modified or amended, from time to time.

3. Penalty.

- Whoever commits a breach of the provisions of rule 2 shall be punishable with fine which may extend to [one hundred rupees] [Substituted by G.O. Ms. No. 1, R.D. (C4), dated the 5th January 2005.] and when the breach is a continuing one, with a further fine which may extend to [fifteen rupees] [Substituted by G.O. Ms. No. 1, R.D. (C4), dated the 5th January 2005.] for every day after the date of commission of first offence, during which the breach is proved to have been persisted in.

4. Forfeiture.

- A Magistrate may, on the imposition of the penalty specified in rule 3 on any person for the breach of these rules, order the seizure, forfeiture and removal of the fixed engines erected or used or net used in contravention of these rules, and also order the forfeiture of any fish taken by means of any such fixed engine or net:

5. Proof of possession of fish within the jurisdiction.

- A licensee or his authorised agent found in possession offish within two hundred metres of the licensed area shall be liable to prove to the satisfaction of the executive authority of the village, panchayat or the commissioner of the panchayat union as to how he came into possession of the fish, failing which the fish shall be forfeited to the village panchayat or the panchayat union council concerned, as the case may be.

6. Production of licence on demand.

- The licence issued under these rule shall be produced on demand to the executive authority of the village panchayat or the panchayat union commissioner or any person authorised by them.

7. Transfer of licence.

- The licence shall not be transferable, but in the event of the death of the licensee or in case, he becomes incapable or physically disqualified for fishing, it may be transferred in the name of his legal heir on an application to the village panchayat or panchayat union council, as the case may be.

8. Issue of duplicate licence.

- If a licence is lost and cannot be recovered or mutilated, a duplicate licence shall be issued on payment of five rupees.

9. Conditions and form of licence.

- The licence shall be in the form appended to these rules. The conditions of the licence shall be as specified in the said form in Appendix-II.

10. Cancellation of licence.

- The executive authority of the village panchayat or the panchayat union commissioner may cancel any licence, if the licensee fails to conform to any of the conditions prescribed in the licence, after giving a reasonable opportunity to the licensee.

11. Lease of fishery rights.

- The lease of fishery rights in the water sources vested in the village panchayats or the panchayat union council shall be given after conducting public auction by the respective village panchayats or panchayat union council, as the case may be. Such lease shall be for a period of five years. Lease amount shall be raised every year at the rate of 10 per cent over the lease amount of the previous year.Upset lease amount shall be fixed by the village panchayat and the panchayat union council concerned in consultation with the Inspector of Fisheries of the respective area.

12. Authority competent to conduct auction of fishery rights.

(1)The executive authority of village panchayat concerned shall be competent to conduct public, auction of fishery rights in its respective water sources specified in item (3) of Appendix-I. The commissioner of panchayat union concerned shall be competent to conduct public auction of fishery rights in the water sources specified in items (1) and (2) of Appendix-I. Such auction of fishery rights shall be conducted after giving sufficient notice and publicity. When the auction for the fishery rights takes place, if any fisheries Co-operative Society participating in the auction comes forward to match the highest bid, preference shall be given to such fisheries Co-operative Society. In case of more than one fisheries Co-operative Society participating in the auction, the highest bid of the Co-operative Society shall be finalised.
(2)The fisheries Co-operative Society not participating in the auction shall have no right to claim for fishery right by offering to match the highest bid amount.
(3)For the purpose of participating in the auction, earnest money deposit amount shall be fixed at the rate of 5 per cent of upset lease amount.

13. Authority competent to confirm the auction.

- The Inspector of Panchayats shall confirm the auction. In case the lease or auction amount is less than the previous year, it shall be referred to the Inspector for disposal.

14. Termination of lease.

- The lessee shall remit 25 per cent of the lease amount at the time of the lease and the balance of 75 per cent shall be remitted within seven days from the date of confirmation of the auction as provided in rule 13. In case of default, the lease shall be terminated without assigning any reason. The village panchayat or panchayat union council concerned shall have the right to re-lease.

15. Appeal.

- Any person aggrieved by the orders of the village panchayat or panchayat union council in accepting the bid under rule 13 may prefer an appeal to the Inspector within thirty days from the date of confirmation of the auction. The decision of the Inspector in the matter shall be final.

16. Revisionary powers.

- Any person aggrieved by the orders of the Inspector may prefer a revision application within thirty days from the date of the receipt of the orders by the Inspector to the Director of Rural Development.Appendix-1(See rules 2 and 12)
(1)Irrigation sources which are entrusted to Panchayat Union Council under section 133 (1) of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and maintained by them and non-provincialised water sources of the Public Works Department and maintained by them.
(2)Irrigation sources which are entrusted to Panchayat Union Council under section 133(1) of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), but maintained by village panchayats.
(3)All public water sources vested with village panchayats.Appendix-IIForm of Licence(See rule 9)District
District District
Village Panchayat/Panchayat Union CouncilFishing PermitLicence issued forfishingin........tankLocation details withS.No. and RevenueVillageName of the LicenseeAddress of theLicenseeMode of fishingAmount paidPeriodSignature and dateDesignation(Counterfoil - Office copy) Village Panchayat/Panchayat Union CouncilFishing PermitLicence issued forfishingin........tankLocation details withS.No. and RevenueVillageName of the LicenseeAddress of theLicenseeMode of fishingAmount paidPeriodSignature and dateDesignation(Original to the Licensee)
Conditions: -
(i)..........kind.,...size quantity of species alone shall be caught.
(ii)No fishing is allowed between.............period.
(iii)........tank.............hours.........days is allowed for fishing.
(iv)The licensee shall maintain and surrender the licence when called for.
(v)The licensee shall produce the fish at...................for inspection and weighment and for calculation of dryage.
(vi)The licensee shall abide by any other condition that may be stipulated by the competent authority, from time to time.