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[Cites 0, Cited by 8] [Entire Act]

State of West Bengal - Section

Section 2 in West Bengal Inland Fisheries Act, 1984

2. Definitions.

—In this Act, unless there is anything repugnant in the subject or context,—
(i)"company" means a domestic company or a foreign company.
Explanation I.—"Domestic company" means a company formed and registered under the Companies Act, 1956 (1 of 1956), and includes a company formed and registered under any law relating to companies formerly in force in any part of India :Provided that the registered office of the company is in India.Explanation II.—"Foreign company" means a foreign company within the meaning of section 591 of the Companies Act, 1956, and includes any foreign association, whether incorporated or not, which the Central Government may, by general or special order, declare to be a foreign company for the purposes of this Act;
(ii)"competent authority" means any person or authority authorised by the State Government by notification to perform the functions of the competent authority under this Act;
(iii)"firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932);
(iv)"fish" includes aquatic plants and animals in any stage of their life cycle; (14 "fisherman" means a person who is by caste or by profession a fisherman and is mainly engaged in culture or capture of fish;
(vi)"fishery" means any activity or occupation connected with conservation. development, propagation, protection, exploitation or disposal of fish and fish products, or any place or water area where such activity or occupation is carried on, and includes a tank fishery.
Explanation.—"Tank fishery" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954);
(via)[ "fishing boat" means a boat or canoe, whether or not fitted with mechanical means of propulsion, which is used or intended to be used for fishing and carrying or transporting fish within the specified area for profit, provided that nothing in this clause shall apply to a boat which is used in any ferry service authorized by the State Government and carries fish owned by passengers on board; [Clauses (via) and (vib) inserted by section 2(1) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (West Bengal Act No. 7 of 2008).]
(vib)"fishery zone" means an area of any ward or wards falling within the jurisdiction of any Municipal Corporation or Municipality or an area comprised in any mouza or mouzas within the jurisdiction of any Panchayat Samiti. declared as such by issue of notification by the State Government, where prime activities of the people residing in such area are associated with production, preservation, conservation, marketing and transportation of fish and fish by-products.
Explanation. —For the purpose of this section, "Fish by-products" mean the products prepared by drying, frying, freezing, deboning of raw fish and value addition in the stage of processing of fish including packaging thereof in the factories;]
(vii)"fixed engine" includes a net, cage, fishing-fence, anchor, trap or contrivance for taking fish, fixed in the soil or made stationary in any other way;
(viia)[ "hatchery" means a unit for production of seeds of various species of fish by induced or natural breeding under certain artificially controlled conditions;] [Clause (viia) inserted by Section 2(2), ibid.]
(viii)"Hindu undivided family" has the same meaning as in the Bengal Agricultural Income-tax Act, 1944 (Bengal Act No. 4 of 1944);
(ix)"multi-ownership tank" means a reservoir for water, held by two or more persons by way of ownership, lease, mortgage or otherwise;
(x)"notification" means a notification published in the Official Gazette;
(xi)"person" includes a Hindu undivided family, company, firm, institution (by whatever name called), fish production group, Gram Panchayat, Panchayat Sarnity, Zilla Parishad, co-operative society or other association of persons;
(xii)"prescribed" means prescribed by rules made under this Act;
(xiii)"public purpose" means any purpose having, or being connected with, any of the following objects :
(a)the improvement or development of fishery,
(b)the supply of fish to consumers from fishery,
(c)any other object ancillary or incidental to the object referred to in sub-clause (a) or sub-clause (b).