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The Protection and Conservation of Fish Act, 1950 (East Bengal Act)

( ACT NO. XVIII OF 1950 )

[ 18th May, 1950 ]

Power to make rules
3. (1) The 1[* * *] Government may make rules for the purposes hereinafter in this section mentioned.
 
 
 
 
2[(2) The Government may, by notification, apply such rules or any of them to any water or waters.]
 
 
(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, bunds, embankments and other structures;
 
 
 
 
(iii) the use or method of operation of any kind of 3[fishing net] and the size of the mesh of any 4[fishing net];
 
 
 
 
5[(iv) the manufacture, import, marketing, carrying, transporting or possessing of such fishing nets, traps, gears and other contrivances as may be specified in the rules;]
 
 
 
 
(b) prohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow and arrow in inland water or within coastal territorial waters;
 
 
 
 
(c) prohibit the destruction of, or any attempt to destroy, fishes by the poisoning of waters or the depletion of fisheries by pollution by trade effluents or otherwise;
 
 
 
 
(d) prescribe the seasons during which the killing or catching of fishes of any prescribed species shall be prohibited;
 
 
 
 
(e) prescribe a minimum size below which no fish of any prescribed species shall be killed or sold; 6[* * *]
 
 
 
 
(f) prohibit all fishing in all waters or in any specified waters for a specified period 7[;
 
 
(g) prohibit the destruction of or any attempt to destroy fishes by drying or dewatering of any fishery:]
 
 
 
 
Provided that the 8[* * *] Government may for the purpose of pisciculture, collection of data and scientific investigation for biological study on fish permit the catching of fishes in any closed season or in any prohibited water or below the prescribed minimum size and disposal thereof subject to the condition of the licence issued for the purpose.
 
 
 
 
9[(4) In making any rule under this section, the Government may provide for-
 
 
 
 
(a) the seizure, removal and forfeiture of any fixed engine 10[, finishing net, Current Jal] or any other contrivance erected or used for fishing in contravention of the rules;
 
 
 
 
(b) the forfeiture of any fishes taken by means of any such fixed engine 11[, finishing net, Current Jal] or any other contrivance; and
 
 
 
 
12[(c) the procedure for disposal of forfeited fixed engine, fishing net 13[, Current Jal] or other contrivance or forfeited fish.]]
 
 
 
 
(5) The power to make rules is subject to the condition of previous publication; and the date to be specified under clause
 
 
(3) of 14[section 23 of the General Clauses Act, 1897,] shall not be less than two months from the date on which the draft of the proposed rules was published.
 
 
 
 
(6) All such rules shall be published in the official Gazette and shall, unless some later date is appointed, come into force on the date of such publication.
  • 1
    The word “Provincial” was omitted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
  • 2
    Sub-section (2) was substituted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
  • 3
    The words “fishing net” were substituted for the word “net” by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 4
    The words “fishing net” were substituted for the word “net” by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 5
    Sub-clause (iv) was inserted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 6
    The word “and” was omitted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 7
    The semi-colon (;) was substituted for the colon (:) and clause (g) was inserted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 8
    The word “Provincial” was omitted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
  • 9
    Sub-section (4) was substituted by section 4 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
  • 10
    The commas and words “, finishing net, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)
  • 11
    The commas and words “, finishing net, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)
  • 12
    Clause (c) was substituted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)
  • 13
    The comma and words “, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)
  • 14
    The words, figures and commas “section 23 of the General Clauses Act, 1897, ” were substituted for the words, figures and commas “section 24 of the Bengal General Clauses Act, 1897,” by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
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