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1914 : Ph. Act IL | FISHERIES 527 THE PUNJAB FISHERIES ACT, 1914. PUNJAB AcT II OF 1914. CONTENTS, SECTTONS 1. Title and Extent. 2. Meaning of terms 2-A. Definitions: 3. Prohibition and licensing of fishing in selected waters by rules of Central Government: 4 Power to prohibit sale of fish: 5. Penalty: 6_ Arrest without warrant for offences under the Act: 7, Saving f powers under Indian Fisheries Act. 8_ Power to compound certain offences: The Schedule: 1914 : Pb. Act IL | FISHERIES 529 'THE PUNJAB FISHERIES ACT; 1914 PUNJAD Acr II Or 1914, [Received the assent_of the Lieutenant-Governor of the Punjab on the 15th January, 1914, and that of the Governor-General on the 29th January ,1914, and was first published in the Punjabe Gazette'' of the 13th February, 1914.] Where (he repealed Or olherwisa affec:ed by legislation Amended by Punjab Act, Iv of 1923' Year No. Short title 1914 II Tho Punjab Fisheries Act, 1914 Amended, byGovernment of India (Adaptaiion of Indian Laws) Order _ 1937 Amendej by Punjab Act II of 1941' Amended by the India Inde- Pendence Adapia ion € f Bengal and Panjab Aics) Order of i948 (G.G.0. 40) Amended by 4he Adaplation of Laws Order, 1950 Amended by the" Acaplalion of Laws (Third Amendmenl) Order, 4951 Extended to the tatritories which immediately before the [t Nove: mber. 1956. were comprised in the State of Patiala and East Punjab States Union by Punjab Act 5 of 1959' Amended by the Reorganisation (Chandigarh) (A daptation) of Laws On State and Concurrent Subjects Order , 1968) 'For Statenuent ot Objects end Reesons, see Punjab Gazette, 1013, Fart V, page 265, for Report of the Select Committee, see Punjab Gazette, 19i3, Part V page_365, and tor Proceedings in Council, see Punjab 'Gazette_ 1913 _ Part V, pezes 298 End 381. "See Punjab Gazette, i9i4, Part V, page %3 'For Statement of Objects and Reasons, see Punjab Gazette, 1928 Part V, pages 45_ 47, for Report of the Select Committee, see bid , 1923, Part V, pages 119_22 and tor Proceedings in Council,see Punjab Legis- Jative Council Debates; Volume IV, peges 906 ~Jo; This Act came into force on Ist January 1924, vide Punjab Gazette, 1923, Part [, pEge 991, 'For Statement of Objects and Reasons, see Punjab Gazette, Extra- ordinary, 1940, page 243 End for Proceedings In Assembly, see Punjeb Legislative Assembly Debates, Vol XV, pp 85 and 86, 'For Statement of Objects and Reasons, see Punjab Government Gazette, (Eztraordinary 1958, page 1487 . 530 FISHERIES [1914 : Pb. Act II, An Act t0 extond tho Lw relating to Fishcrlcs in: 'Punjab. WHEREAS it is expedient to extend the law Fisherics in 'Punjab relating to It is hereby enacted as follows Title, 1. (1) This Act may be called the Punjab Fisheries Act, 1914 (2) It extends to the whole of ?[Union territory Chandigarh]. of Extent, Meaning terms of 2 In this Act and the Rules thereunder unless there is something repugnant in the subject or context, the ex- pression "fish" and "private water" shall have the meanings assigned to them in section 3 of the 'Indian IV of Fisheries Act; 1897. 1897 Deinitions '2-A In this Act; unless there is anything repug: nant in the subject Or context (1) "Fishery Officer" means any person whom the '[Central Government] Or any officer em- powered by the '[Central Government] in this behalf may from time to time appoint by name; or as holding an office, to carry out ali or any of the purposes of this Act or to do anything required by this Act o any rule made there under to be done by a Fishery Officer Provided that no police officer below the rank of Sub Inspector shall be so empowered "Substituted for the words "East Punjab" (which had been insert - ed fOr the words "the Punjab"" by the Indian Independence , (Adaptation of Beng 1 and Punjab Acts) Order, 1948) , by the Adaptation OI Laws (Third Arnendrnent) Order, 1951. 'Substituted for the word "Punjab" by the Punjab Reorganisation (Chandiga h) (Adaplation of Laws On Order, 1968. State and Concurrent Subjects) 'Unrepealed Centrel Acts. Volume III "Added by Punjeb Act, IV of 1923, by section 9. 'Substituted for the words "State Government" by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State &nd Concur rent Subjects) Order; 1968. 1914 Ph. Act IL| FISHERIFS 531 (2) "Fishing offence" means an offencc under this Act o under punishablc under]. any rule made there- 3. (1) The '[Central Governmenth for the purposes hereinafter may make rules Prohlbltlon and shall in such rules in this section mentioned, and "ccnslng of fIgh- declare the waters, not being Ing In nelected waters, to which all o any of them shall private walcrs by rules apply. of Central Gov- crnmont. (2) The '[Central Government] may by apply such rules O any of them to notification the consent in any private writing of water with the owner persons having thereof and of for the time all being fishery therein. any exclusive right of (3) Such rules may (a) prohibit fishing except under license and iate the granting of such licenseenthe eesregy: able therefor; and the conditions to befeeserted therein (b) prescribe seasons in which the killing of ish of any prescribed speciesnshall beg prohidiy ed ; and (c) prescribe a minimum size or weight below which no fish of any prescribed species shall be killed (4) In making any rule under this section the '[Central Government] may provide for (a) the seizure, forfeiture and removal of any ap- paratus erected Or used for fishing in contraven- tion of the rules, and (6) the forfeiture of any fish taken by means of any such apparatus: (5) The power to make rules under this section is subject to the condition that they shall be made after pre- vious publication: 'Substituted for the words "State Government" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1988. 532 FISHERIES [1914 Pb, Act II, Powor to pro- The '[Central Government] may by notification hibit sale of fish: 'prohibit in any specified areas the offering or exposing sale or barter of any fish killed in contravention of for any rule made under section 3 (3) (6) and (c) of this Act. Penalty _ 5. The breach of any rule made under section 3 Or of any_prohibition notified under section 4 shall be punisor able with fine which may extend to one hundred and when the breach is a continuing breach; with a {ureer fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in: Arrest without 6_ (1) Any police ofiicer or other person specially encesantnder ohe ences empowered by the '[Central Government] in this behalf, Act: may without a warrant arrest any person committing in his view a breach of any rule made under section 3 Or of any prohibition notified under section 4 (a) if the name and address of the person are un- known to him, and (6) if the person declines to give his name and address, Or if there is reason to doubt the accu- racy of the name and address, if given: (2) A person arrested under this section may be de: tained until his name and address have . been correctly ascertained Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention: Saving 0i po- Nothing in this Act shall be deemed to limit the wers under powers of the "[Central Government] to make rules under {YS 0( Indien Figheries 1897. Act. section 6 of the ?Indian Fisheries Act, 1897. Power to com- '8. (1) The '[Central Government] may by notifica: pound certain tion empower a fishery officer by name or as holding an offences. office (a) to accept from any person concerning whom evi- dence exists which if unrebutted would prove that he has committed any fishing ofience as 'Substituted {or the words "State Government" by the Punjab Reorganisation (Chendigarh) Adaptation of Laws on State and Con - current Subjects) Order, 1968. ?Unrepealed Central Acts, Vol; III #Added by Punjab Act, IV of 1923, gection 4_ J914 Ph Act IL] FISHERIES 533 described in the first column of the Schedule a sun of money by way of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer such person if in custody shall be dis- charged and no further proceedings shall be taken against him (6) when any property has been seized as liable to confiscation. to release the same without further payment, or on payment of the value thereof as estimated by such officer, and on the payment of such value such property shall be released and no further proceedings shall be taken in respect thereof: (2) The sum of money acceptable as compensation under clause (a) of sub-section ( 1 ) shall in no case exceed the amount mentioned in the second column of the Schedule as the amount acceptable as compensation for the parti: cular offence described in the first column of the Schedule ] 'THE SCHEDULE: (See section 8.) Maximum amounts acceptable as compensation for certain fishing offences under section &. Maximum amount acceplable as compensation Description of offence Fishing with & net having a smaller mesh than that prescribed under the rules made under the Act 2 Fishing without license 3_ Killing fish of a size or Weight less than then tbe standard presecribed undcr this Act Killing any fish of prohibiled spccies during a close scason 'I5. Fisbing with any g-ar or method othcr than that Permitted, under Ihe rules 6. Using & any one time more than (Wo of cither or any of gears permitled under the rules 7. Licence-holders, employing or engaging non-licensces I0 help !hem with (heir nets while fishing 8 Fishing in prohibiled waters 9 Offering 0r exposing for sale or bartcr any fish, the sale of which is prolibited in any specilied area by nolification issued under sec ion 4 of the Act Rupees ten Rupces ten Rupees ten Rupees ten Rupees ten Rupees ten Rupees ten Rupees ten Rupees ten 'Added by Punjab Act, IV of 1923, section 4 (2)_ "Items 5, 6, 7, 8 and 9 added by Punjab Act, II of 1941, section 2