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15. Power to make Rules :- The State Government may by notification, make Rules for implementation of all or any of the provisions of this Act."

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25. The advertisement dated 16.09.2007 as contained in Annexure '1' to the writ application was issued inviting expressions of interest from willing parties to construct and to run fish seed hatcheries on the Govt. fish seed farms located in different districts on Public Private Partnership (PPP) basis. The advertisement specifically states that these fish seed farms are presently under the control of Directorate of Fisheries, Govt. of Bihar. So far as this Fish Seed Farm is concerned, it is known as Sisaura Ramgarh in the District of Rohtas and the area of this farm Patna High Court CWJC No.6134 of 2020 dt.09-11-2020 is 15.56 acres. After giving the description of different Fish Seed Farms, the advertisement (Annexure 1) lays down the following conditions:

1. The hatchery shall be constructed and maintained by the concerned private partner from their own resources.

2. The fish hatchery would be constructed by the private parties on the above mentioned farms on 'as is where is' basis. Details of assets available in each fish farm can be seen at the website of PRDA, Government of Bihar.

3. The information regarding the status of fish farms can e obtained from Directorate of Fisheries Bihar, Patna as well as from District Fisheries Officer's office of the district concerned.

35. In course of argument, however, no rule, if any, framed under Section 15 has been brought to the notice of this Court.

Fish Seed Farm - Fish Seed hatchery policy

36. By notification dated 22nd April, 2010 published in Bihar Extraordinary Gazette on 28th April, 2010 the Government of Patna High Court CWJC No.6134 of 2020 dt.09-11-2020 Bihar notified its policy decision to establish Fish Seed hatcheries in the Fish Seed Farms (eRL; cht iz{ks=ksa) under the control of Directorate of Fisheries, Government of Bihar on Public-Private Partnership basis. For purpose of analysis of data and evaluation and for the purpose of establishment of Fish Seed hatcheries a Committee has been constituted under the chairmanship of the Director Fisheries, Bihar Patna. The notification provides that the Committee shall make recommendations to the Government and after obtaining approval of the Government, in the prescribed form an agreement shall be executed with the Public-Private Partner. Detail procedures are also provided under the notification for selection of the Public-Private Partner and the manner in which offer is to be considered. One of the provisions under the notification lays down that the settlement of the Fish Seed hatcheries shall be done for 10 years and on successful operation of hatcheries for 10 years, on the request of the offerer consideration shall be given for extension of settlement for 10 years.

37. It is evident from above conditions that terms of settlement of a Fish Seed Farm for fish seed hatchery are quite different and distinct from the term of settlement of 'Jalkars' under the Act of 2006 (as amended up-to-date). At the very beginning it says that a list of those Fish seed Farms which are to be provided on PPP Mode shall be prepared. The agreement further shows that there Patna High Court CWJC No.6134 of 2020 dt.09-11-2020 is participation of the Government. In this connection Clause '9' of the agreement talks of use of inputs, Clause '11' of the agreement talks of not using it for any other commercial purpose, Clause 18 says that department will give free consultancy. All these are in accordance with the policy of the Government. To this Court, it is crystal clear that the provisions relating to settlement of Jalkers on long term as envisaged under Sections 5 and 6 of the Act of 2006 would not be applicable in respect of settlement of Fish-Seed Farms. As noticed herein above under Section 5(ii) the long term settlement of Jalkars will be done for ten settlement years after the approval of Collector and under Section 5(iii) the Director, Fishery may in given cases of Jalkars go on for settlement with the approval of the Government for a maximum period of ten years. Under Section '6' the long term settlement of Jalkar of water area up to 4 hectares shall be done only with trained fishermen/or trained fishermen self help group selected by the 'Managing Committee'. The long term settlement under Section '6' may be done of only those Jalkars which fulfill at least one of the conditions: (a) The Jalker which has been declared Parta or is in the process of being declared Parta; (b) The Jalkar which has an average depth of less than four feet deep between 15th December to 15th January and there may be possibility of perennial water retaining capacity by increasing its depth; (c) The Patna High Court CWJC No.6134 of 2020 dt.09-11-2020 Jalkar in which there is a possibility of increasing water retaining capacity by developing embankments; (d) The Jalkar in which there is a possibility of increasing its water retention capacity up to 50% by making improvement in the water approach system of the Jalkar and (e) The Jalkar pertaining to which letter of consent is received from any financial institution, Bank or Government for financial assistance for its proper development.