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State of Madhya Pradesh - Section

Section 3 in The M.P. Fisheries Act, 1948

3. Protection of fisheries by making Rules.

(1)The State Government after previous publication may make rules for the purpose hereinafter in this section mentioned and shall in such rules declare the waters, not being private to which all or any of them shall apply.
(2)The State Government may, by notification, apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.
(3)Such rules may,-
(a)prohibit or regulate all or any of the following matters, that is to say-
(i)the erection and use of fixed engines;
(ii)the construction, temporary or permanent, of weirs, dams and bunds;
(iii)the dimension, size of mesh and kind of nets to be used and the mode of using them;
(iv)the use of more than one method of catching fish at one time;
(b)prohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow, arrow or the like in inland waters;
(c)prohibit the destruction of, or any attempt to destroy fishes by using a chemical or any other substance likely to. cause pollution of water;
(d)Prohibit the throwing into any water of any solid or liquid which may be harmful to fishes in such water;
(e)prohibit fishing except under a licence and regulate the grant of such licences, the fees payable therefor and the condition to be inserted therein;
(f)[ prohibit sale or purchase of fish transport or movement of fish within or outside the State in excess of the prescribed quantity except under a licence; [Substituted by M.P. Act No. 34 of 1981.]
(ff)prescribe the seasons during which-
(i)the killing or catching of fish or any prescribed species shall be prohibited;
(ii)sale, movement or transport of any prescribed species shall be prohibited except under a licence;
(fff)regulate the grant of licences under clause (ff), and/or prescribe the fees payable therefor and the conditions to be attached thereto; and;]
(g)prescribe a minimum size or weight below which no fish of any prescribed species shall be sold.
(4)Such rules may also prohibit all fishing in any specified waters for a specified period.
(5)In making any rule under this section the State Government may provide for :-
(a)[ the seizure, removal and forfeiture of any fixed engine, apparatus or equipment erected or used for fishing in contravention of the rules; [Substituted by M.P. Act No. 34 of 1981.]
(b)the forfeiture of any fish procured by means of any such fixed engine, apparatus or equipment or transported in contravention of the rules; and
(c)the seizure, removal and forfeiture of any animals, carts, vessels, rafts, boats or vehicles used for transport in catching fish in contravention of the rules.]