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State of Rajasthan - Section

Section 5 in Rajasthan Fisheries Rules, 1958

5. [ Procedure for inviting tender/auction:] [Substituted vide Notification No. F5 agri/6/88/GSR 9 dated 10-3-1997.]

(1)
(a)By 15th March every year, Director of Fisheries shall prepare a list of water of the following category alongwith their reserve price on the basis of average revenue during the last 3 years.
Category 'A' Waters fetching revenue of Rs. 1.00 Lac. And above per annum.Category 'B' Waters fetching revenue of Rs. 25,000 and above but below Rs. 1.00 lac. Per annum.
(aa)Regional Dy. Directors of Fisheries shall prepare a list of waters of their region alongwih reserve price of the following category.
Category 'C' Water fetching revenue of Rs. 10,000/ - and above but below Rs. 25,000/- per annum.Category 'D' Waters fetching revenue below Rs. 10,000/ - per annum.
(b)Prior to inviting tender/auction in respect of water classified under different categories, the reserve price shall be estimated by the following committee:-
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
The reserve price shall be made public. If the highest tender/bid is lower upto 5% than the reserve price, the Director, Fisheries may accept it. If the offered highest tender/bid is 5% to 25% lower than the reserve price, the same may be accepted with the approval of Administrative Department in the case of 'A' and 'B' category waters. In case of 'C' and 'D' Category water such tender or bid may be accepted by District fisheries Officer with the approval of District Collector. If the offered tender/bid is more than 25% lesser than the reserve price, the same !nay be accepted after approval of Finance Department in case of 'A' and 'B' category waters while in case of 'C' and 'D' category waters such tender/bid may be accepted with approval of the District Collector.
(c)Director, Fisheries should complete all the procedure for inviting tender/auction for fishing rights as far as possible before expiry of previous lease period. Highest tender/bidder shall have right of fishing only after confirmation of acceptance of his tender/bid by the Director, Fisheries and issue of licence in the form no. 3 or 3A as the case may be:
Provided that
(a)In some special circumstances as the need be tender procedure can be adopted after 31st March.
(b)Registered Fishermen Cooperative Societies if participate in the tender/bid alongwith the other participants shall be eligible for 5% price preference.
(d)The Director Fisheries or auction committee authorised for accepting tenders or conducting auction shall have the right to reject any tender/ bid offered without assigning any reasons.
(e)Specified waters of all the category may be, by inviting tender/open auction in accordance with the procedure already prescribed, leased out for a period of five years except 'A' category. The 'A' Category waters will be leased for 3 years only. The lessee will have to pay cumulative increasing amount of lease money each year, such increase will be made by 12.5%, 15%, 17.5% and 20% for 2nd, 3rd, 4th and 5th year respectively, in case of 'B', 'C' and 'D' category waters and 12.5% and 15% in case of 'A' category waters. Accordingly 1/4th of the increased lease for coming year shall be deposited up to 31st January of the current year and rest 3/4th shall be deposited up to 15th March [------] [Word 'if the lessee fails to deposit the lease amount in the prescribed period, the Fishing Licence for the remaining period shall be automatically cancelled and the water shall be reauctioned' deleted by Notification No. F. 5(8) AH-97 GSR 118 dated 15-12-1999 (Published in Rajasthan Gazette Extraordinary 5(Ga) dated 23-2-2000 at page 198.]
(f)For the water leased out according to Rule 5 (1) (e), procedure to lease out the same for next term may start in 4th year in case of 13', 'C' and 'D' category waters and 2nd year in case of 'A' category waters of the lease. New Lessee shall deposit 1/4 of the lease amount in cash or through demand draft at the time of acceptance of tender/bid. Lessee will be given 18% interest on the amount which will be adjusted at the time of deposition of 3/4 of the lease amount by the lessee.
(g)Tenders/Bids shall be invited at the Directorate of Fisheries for the 'A' and 'B' category waters, while for 'C' and 'D' category of waters tender/bids shall be invited at their respective District Head Quarters.
(h)Committees for tenders/auction shall be constituted as under:
For 'A' and 'B' category waters: Dy. Secretary, Fisheries, Dy, Secretary, Finance Department nominee of Director Fisheries, (not below the rank of Dy. Director) Accounts Officers, Fisheries Department.For 'C' and 'D' category waters: concerned Regional Dy. Director, Fisheries, Fisheries Development Officer/Fisheries Project Officer/Assistant Director, Fisheries and nominee of District Collector.
(2)[ Water of "C" and "D" category suitable for fisheries production/seed rearing may be allowed on approved terms and conditions for a period of 10 years to the Fish Farmers Development Agencies of the District which in the turn shall allot these waters as per terms and conditions in Form 3B to the trained fish farmers :Provided that in case of waters of "C" category, the lease amount shall be average revenue of preceding 3 years with a 10% increase every year. In case of "D" class waters FFDA shall charge Rs. 400/ - per has. water area while agency shall pay Rs. 300/- per ha. as lease amount to the department, and use rest of the amount for development activities. The rates charged by FFDA shall be increased by 10% each year. Water of "C" category shall be assessed in the month of January by a committee of office including :
(1)Executive Engineer, irrigation of his nominee not below the rank of A. En.
(2)Chief Executive officer of concerned FFDA.
(3)Vikash Adhikari in case of Panchayat water.
(4)Treasury officer/A.T.O.In case of "D" Class water/seasonal water t be leased out for seed rearing, the water area shall be assessed in the month of July by the committee of-
(1)Chief Executive Officer of FFDA.
(2)T.O./A.T.O.
(3)Fishering Development Officer] [Substituted vide GSR No. 17 & 19 dated 20-9-1990 & 19-6-1991.].
(3)[ The State Government reserves the right for allotment of any water to the Tribal Area Development Cooperative Federation, Udaipur falling within its area of jurisdiction for the purpose of exploitation and management of fishery at the reserve price or predetermined annual lease and on the approved terms and conditions specified by the State Government from time to time for a period of 5 years in the initial stage and thereafter on yearly renewal. However the total period of such an allotment shall exceed years.] [Added vide GSR 87 dated 11-12-1981 7 Substituted vide GSR No. 19 dated 24-6-1993.]