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State of Assam - Section

Section 46 in Fishery Rules

46.

Fisheries shall be settled to the best advantage and subject to this condition, the agency of the middleman as lessee shall be done away as far as possible-
(a)a Co-operative Fishery Society formed by the actual fisherman belonging to the Scheduled Castes/Maimal Community of Cachar/Scheduled Tribes/other Backward Classes and registered under the Assam Co-operative Societies Act, 1949 shall be given option to accept settlement of Fisheries at the highest tender out of not less than 40 per cent quota : Provided that the tender of such a Co-operative Society is within 7½ per cent of the highest tender;
(b)when the tenders of such Co-operative Societies are below 7½ per cent of the highest tender, (i) Co-operative Societies as stated above, (ii) individual members of actual fishermen belonging to the Scheduled Castes and the Maimal Community of the district of Cachar, (iii) individual members of the Scheduled Tribes and the other Backward Classes who may submit tenders at not less than 60 per cent of the highest tender, may be given option to accept settlement of fisheries out of the quota as stated in sub-rule (a) above, at the highest tender in order of preference stated above subject to the suitability of the tenderer;
(c)when the fishery of the category as referred to in sub-rule (a) above fetching a tender not exceeding Rs. 50,000 (Rupees fifty thousand) per annum is settled with any individual member from actual fishermen belonging to Scheduled Castes/Scheduled Tribes/Maimal Community of the District of Cachar or other Backward Classes, the tenderer shall get a rebate of 7½ per cent as concession. But when such a fishery, the tender for which does not exceed rupees one lakh per annum is settled with a Fishery Co-operative Society formed by members of the aforesaid community, the tenderer society shall be entitled to a rebate of ten per cent as concession :
Provided that 10 per cent rebate as aforesaid shall not, in any case be extended to Fishery Co-operative Societies formed with 100 per cent shareholders from community as stated in proviso to sub-rule 13(e), if they accept settlement of fisheries out of the quota not to more than 60 per cent of fisheries reserved for them :Provided further that in no case the highest individual tenderer or tenderer society from any protected community shall be entitled to any rebate as provided above;
(d)any tenderer who may claim the concession as provided in this rule shall indicate the same in his tender.