FISHERY RULES
In these rules, unless there is something repugnant in the subject or context—(a) the term “fishery” means the waters declared to be a fishery by proclamation issued under Section 16 of the Assam Land and Revenue Regulation, 1886 (1 of 1886) and includes Khoes or fish ways, doabas and beels; and “fish” includes shell-fish and turtles ;(b) the term “year” means twelve months from the 1st April to the 31st March.
A register of Government fisheries (including navigable rivers which are public property) must be kept up by each District and Sub-divisional Officer in Form No. 97 of the Assam Land Revenue Manual, Volume II and no alteration in the registers, whether by the addition or removal of the fisheries, or revision of fishery boundaries, may be made without the previous sanction of Government.
(a) The Deputy Commissioner or the Additional Deputy Commissioner in case of Sadar Sub-divisions and the Sub-divisional Officers in case of other sub-divisions shall annually fix a date ordinarily not later than the 16th February, for the sale of all registered fisheries held under leases expiring on the last day of the current year or which at the last previous auctions were reserved from sale under Rule 9. The date fixed shall be proclaimed by the Deputy Commissioner or the Additional Deputy Commissioner or Sub-divisional Officer at least a month in advice; by a written notice in Form No. 101 of the Assam Land Revenue Manual, Volume II, posted at the Sadar or Sub-divisional Cutchery, as the case may be, and at the Munsiff’s Court and Police Station within the local limits of which the fishery or any part of it is Pargana within which it is situated, and any other particulars that may be necessary for its id
The place of sale shall be the Sadar Cutchery of thedistrict for fisheries in the Sadar Sub-division and Sub- divisional fisheries in other sub-divisions.
The following conditions of sale shall in the notice and shall be proclaimed before the sale begins :(1) The officer conducting the sale does not bind himself highest tender or any tender.(2) (a) Conditions of sale of fisheries.—Any tender including co-operative societies formed by communities other than members of actual fishermen belonging to Scheduled Castes or members of Maimal Community 0f the District of Cachar shall, immediately after the acceptance of their tenders furnish in cash, as security a sum equal to twenty five per cent of the revenue of the fishery for the first year of the full term of settlement.(b) Provided that Fishing Co-operative Societies with 100 per cent shareholders from members of actual fishermen belonging to Scheduled Castes of the State or Maimal Community of the District of Cachar and registered under the Assam Co-operative Societies A
When for default of furnishing the additional security mentioned in Rule 5(2) or of executing a counterpart under Rule 5(3) the fishery has to be put up to sale a second time, at the risk of the first purchaser, notice of sale shall be given as in the case of an original sale, with the additional security; provided that the re-sale shall be at the risk of and on account of the first purchaser.
When the sale has been concluded, a lease and counterpart shall be interchanged in Forms Nos. 98 and 99 of the Assam Land Revenue Manual, Volume II.
(a) Settling authority.—The Deputy Commissioners or th0 Additional Deputy Commissioners in case of Sadar Sub-Divisions and Sub-divisional Officers in case of other sub-divisions be the authorities for settlement of all registered fisheries under tender system of sale in their respective jurisdiction.(b) Extension of the term of lease.—(z) Where the period of lease Of registered fisheries being ordinarily not less than three years is interfered with due to any natural cause or for any unavoidable reasons beyond the control of the lessees, Government may extend the period of such lease supported by official reports as to the nature of cause in exceptionally special case for a reasonable period so as to enable such losses to make good the loss.(ii) The State Government may also, on the recommendation of the Director of Fisheries, extend the period of lease of a fishery with an intending pi
If the highest tender for any registered fishery is less than ten rupees, such fishery shall be reserved from sale until the ensuing year, unless in the mean time a tender of not less than ten rupees is made for it. Fisheries thus reserved may be declared open to the public by the Deputy Commissioner or Sub-divisional Officer at the conclusion of the sale with the proviso that they will be sold whenever a sufficient tender is made for them.
In the Assam valley, the Deputy Commissioners and the Sub-divisional Officers are authorised to abstain from leasing any fishery or group of fisheries for which the tender is below Rs. 50 unless there are special reasons for leasing them, but this but this Rs. 50 limit would not apply in the cash of fisheries which are framed in the interest of sport, to prevent the indiscriminate destruction of fish.
All appeals against the orders of the settling authority passed under these rules shall lie to the Assam Board of Revenue. Appeals must be preferred within thirty days of the date of such order.
Except those referred to in sub-rule 8 (b) above, all registered fisheries shall be settled under tender system of sale in place of sale by auction :Provided that the State Government may settle any registered fishery otherwise than under tender system with fishery co-operative society formed with 100 per cent actual fishermen of the fishing population in the neighbourhood of the fishery concerned and belonging to the Scheduled Castes of the State or Maimal Community of the Cachar District at a revenue calculated and for a period decided by the State Government from time to time.
(a) With prior approval of the State Government not more than 60 per cent of the fisheries in a sub-division available for settlement in a yea}- be selected for sale under tender system only with the Co-operative Fishery Societies formed with 100 per cent shareholders from members of actual fishermen belonging to the Scheduled Castes of the State and/or Maimal Community of the District of Cachar and Registered under the Assam Cooperative Societies Act, 1949. Settlement of all such fisheries tenders of which have been accepted Under Rule 5 shall be with the highest tender.(b) The remaining fisheries in the sub-division available in that year under tender system of sale, shall remain open for settlement to all communities including Co-operative Societies as referred to in sub-rule (a) above.(c) A Co-operative Fishery Society by members of actual fishermen belonging to the Scheduled Caste
Fisheries cannot be settled as land. In Cachar, however small, i.e. second class fisheries which adjoin settled land shall be entered in a separate register in the Deputy commissioner’s office and not included in the ordinary jamabandis. The lease for such fisheries is in a special form sanctioned at the time of settlement. Fisheries which have silted up shall be settled as waste land under the ordinary rules. As by the terms of lease the rights of the lessees extend to fishing only, they cannot acquire the status of a landholder.
The fishing rights in Cachar dealt with in Rule 14 shall be valued by the Settlement Officer and the mahal shall be settled to the best advantage with any candidate who will undertake to collect the rates per net and basket hitherto in force. These rates shall be recorded, and it shall be a condition of the settlement that the holder of the mahal shall not exceed more. Another condition should be that he shall allow the continuance of the right of fishing to all who have hitherto enjoyed it, but shall not permit its extension to outsiders. Leases of such fisheries are exempt from the payment of stamp duty.Fisheries of the river Barak or any other area which exceeds the limits of a single mauza must be entered on the fishery lease and lease by auction, the income being credited in this case to “Miscellaneous Revenue”:Provided that the Settlement Officer shall submit the settlement proposal
The fisheries to the upper reaches of the river Barak and its tributaries in the district of Cachar which are determined to be breeding ground shall be declared by the^ Deputy Commissioner to be reserved fisheries by a notification in the official Gazette specifying their boundaries therein with the previous sanction on the State Government. Such reserved fisheries shall be settled by the Deputy Commissioner in public auction subject to the following special conditions which shall be specified in the notice and shall be proclaimed before the sale begins and inserted in the lease :(i) that construction of dams and weirs shall be prohibited;(ii) that the minimum size of the mesh of the fishing net shall not be less than 4 inches square;(iii) that the use of Mahajal or Berjal, for the purposes of catching fish shall be not be permitted ;(iv) that the lease for these fis
Notwithstanding any provision in the condition of the fishery lease, remissions of fishery revenue may be granted in exceptional cases by the Deputy Commissioner up to the extent of Rs. 50 in any one case, arid by the Commissioners of Plains Division up to the extent of Rs. 500 in any one case, provided the Officer authorised to grant the remission is satisfied that the refusal of remission will cause serious hardship to the lessee. A remission of revenue to the extent of more than Rs. 500 in any one case will require the sanction of the State Government.
All fishing, without a lease previously obtained from the Deputy Commissioner of the district concerned 6r such other officer as he may appoint for the purpose, in the fisheries of the Province proclaimed under Section 16 of the Assam Land and Revenue Regulation, 1886, is prohibited. Any person fishing in the proclaimed water must carry his lease or an authority from the lessee and produce it when called upon to do so by any officer duly authorised.
No fishery shall be drained dry b y the lessee, who shall be required to leave sufficient water for the protection of fishery and for drinking purposes for cattle. The Deputy Commissioner or the Sub-divisional Officer will, in the event of the dispute, fix the volume of water to the maintained in respect of any particular beel and his decision shall be final.
The lessee of beel and tank fisheries must keep their fisheries clear of water hyacinth and other water weeds.
Fishing in Government fisheries by more than 25 persons at a time for their own consumption, even on payment of the lessee’s dues (i.e., 4 annas per instrument per annum) is prohibited inasmuch as it is highly detrimental to the interest of both the lessee and the Government. On infringement of this rule the person at fault shall be liable to the penalties provided in Rule 22.
If any person pollutes by the retting of jute the water of a Government beel fishery proclaimed under Section 16 of the Assam Land and Revenue Regulation and included in the District Register of Fishery he shall be punishable with fine as prescribed in Rule 22 :Provided that the lessee of a fishery shall be held responsible for any deterioration of the fishery under his lease due to the retting of jute in it—(i) if he himself rents it or permits others to do so, or(ii) if he fails to inform the Deputy Commissioner or Sub-divisional Officer, as the case may be, when other persons do ratting in his fishery.
(1) Any person contravening the provisions of these rules or who fishes, attempts to fish or abets fishing contrary to the above provisions, shall be liable to a penalty which may extend to rupees five thousand but not less than rupees one thousand and when the breach is a continuing one, to a further fine which may extend to rupees one hundred for every day, after the date of the first conviction, during which the breach is proved to have been persisted in.(2) If the contravention or breach of any provisions of these rules is committed by a lessee, the lease of such fishery shall be liable to cancellation in addition to any other penalty such as forfeiture of security deposit and daily recurring fine as provided above if the offence be continued for some time.
(1) The use of Berjal/Mahajal or Fasijal or any type of net with meshes less than. 7 c.m. bar/14 c.m. mesh is prohibited during breading season beginning from the first day of the month of May and ending on the fifteenth day of the month of July, both days inclusive, in any proclaimed fishery:Provided that this restriction may be relaxed by the State Government for Hilsa Fishing only.(2) The use of net with less than 1 c.m. bar/2 c.m. mesh (Mosarijal) in size is prohibited in any fishery throughout the year :Provided that this restriction may be relaxed by the Deputy Commissioner/Sub-divisional Office for catching of smaller species like, Mowa, Puthi, Sella, Karati, etc., between the first day of the month of May and the fifteenth day of the month of July, both days inclusive.
(1) Catching of brood fish (fish carrying eggs and sperm) of the following species, namely : Rahu, Catla (Bahu), Mrigal, Mali (Calbasu), Chitai, Kharia, Pithia, (Mahasul), Gharia and Kuri (Gonius) is prohibited during the breeding season beginning from the first day of the month of May and ending on the fifteenth day of the month of July, both days inclusive, in any proclaimed fishery.(2) Catching and killing, by any method, of fish for any purpose whatsoever including consumption and selling of under sized fish of the following species, namely : Rahu, Catla (Bahu), Mrigal, Chitai, Kharia, Pithia (Mahasul), Gharia below 23 c.m. in length and Mali (Clabasu), Gonius, Kurhil, Bhagum below 10 c.m. in length is prohibited between the first day of August and thirty-first day of October :Provided that the above restrictions may be relaxed by the order of the Director of Fisheries in w
No movable Bana with gap less than 7 c.m. sq shall be used for fishing between the first day of the month of May and the fifteenth day of the month of July, both days inclusive, in any rivers, doabas or beels or fisheries.
Bala with less than 7 c.m. sq. gaps fixed at the month of beels or doabas or at the boundaries of river fisheries by which water is drained out is permissible to be used only during fishing season excepting the period between the first day of the month of May and the fifteenth day of the month of July of the year, both days inclusive.
Subject to the above rules and with the previous sanction bf the State Government, Deputy Commissioner, may prescribe the mesh of fishing nets, the fixed engines or other contrivances which can be used and the manner in which the fishing operations shall be carried on and may lay down any other conditions which may be considered necessary from time to time. Such conditions shall be specified in the sale notices and shall be proclaimed before the sale begins.
Any Magistrate, any police officer or any person specially empowered by the State Government under Section 7 (1) of the Indian Fisheries Act, 1897, to arrest any person committing any offence punishable under the aforesaid rules, may seize and removed any net or fixed engine which is used in his presence for fishing in the Government fisheries in contravention of these rules. Any person other than a Magistrate or an officer in charge of a police station who, under the authority of this rule, seizes or removes any net or fixed engine, shall forthwith report the fact to the nearest Magistrate or to the officer in charge of the nearest police station and shall make over to the said Magistrate or officer any net or fixed engine which he has seized and removed.
The Magistrate may order the forfeiture of any net or fixed engine proved to have been used for fishing in the Government fisheries in contravention of these rules.
(a) Any Magistrate, any police officer or any person empowered under Section 7 (1) of the Indian Fisheries Act, 1897, to make arrests, may seize and remove any fish caught in his presence in the Government fisheries in contravention of these rules.(b) Any fish so seized by a person, other than a Magistrate or an officer-in-charge of police station, shall be made over with as little delay as possible to the nearest Magistrate or the nearest officer-in-charge of a police station.(c) A Magistrate or office-in-charge of a police station who has seized fish, or has received fish seized by an authorised person may, if the fish are likely to go bad before they can be brought to court, cause them to be sold by auction.(d) On proof that any fish were unlawfully caught in the Government fisheries the Magistrate may order them to be forfeited to the State Government, and if they have alre
The State Government may, by notification in the official Gazette, declare any specified water to be a sanctuary for the protection of fish prohibiting all fishing therein for a period not exceeding two years, or declare any period to be a closed season for fishing in any fishery. The period of reservation as a sanctuary may be extended further by notification in the official Gazette.
All fishing in a sanctuary shall be prohibited except for the purpose of pisciculture and on a licence containing the terms and conditions issued by the officers of the Fishery Department not below the rank of Superintendent of Fisheries. On infringement of fishing conditions in a sanctuary the licensee shall be liable to a fine of Rs. 100 for the first offence and for the second offence the security money shall be forfeited and the licence cancelled in addition.
Unless otherwise specified as a condition in a licence issued under Rule 31 a licence holder shall be permitted to fish with nets of all kinds varying from spawn collecting nets of very fine mesh to nets no portion of which has meshes of more than 1-1/2 inches from knot or 2 inches all round. The length of such nets shall not exceed fifty feet in length :Provided that the licensee shall not use at any time more than two of either or any of the gears permitted to him to be used under the rules.
All licensee under Rule 31 shall not employ or engage any person below the age of 16 to help with his nets.
(i) A licence to the authorised person shall be given under Rule 31 primarily with the object of catching spawn, fry and fingerlings of major carps and any species other than carps caught in the operation of the nets allowed under Rule 32.(ii) Any species other than caught in the net may be sold by the licensee in live or dead condition, but carps above fingerling size shall be put back into water alive immediately after they are caught.(iii) Carp shall include Row (Rohu) Bahu or Bhakua (Catla), Mirika (Mrigal), Nadani (Nadni), Malyi (Kalbose), Kurhi (Kurcha).
When a closed season is declared by the State Government in any water no person other than the residents of neighbouring villagers may fish in such water during the period so declared unless he is in possession of a valid licence issued by and on such conditions as may be fixed by the Director of Fisheries, Assam:Provided that the neighbouring villagers may fish only with rod and line, hand line or jokai for their own consumption only.
The licensee under these rules shall be not make any use of poison, lime, dynamite or other noxious or explosive substances with intent thereby to catch or kill fish. On infringement of this rule the licensee shall b£ punishable under Sections 4 (1) and 5 (1) of the Indian Fisheries Act (Act 4 of 197).
(i) Unless expressly allowed by the conditions of his licence, a licensee or any person acting on his behalf, shall not erect fixed engines, dams, weirs or divert water for catching any fish.(ii) All apparatus erected or used in contravention of sub-rule (i) may be seized, removed and forfeited and the licence cancelled.
(i) The Fishery Officer or any other person authorised under the provisions of Rule 31 shall make full arrangements for the keeping alive of fish caught, except where scientific research necessitates the killing of arty fish.(ii) The authorised person shall arrange under the supervision of the Fishery Officer for hatchery pits or nursery tanks near the catching Centres.
A licensee under these rules shall be bound to report to an officer of the Fishery branch of the Agriculture Department or the Deputy Commissioner or Sub-divisional Officer any breach of the rules in a declared sanctuary that comes to his knowledge or notice.
When a licence granted under these rules is lost or destroyed, another licence which shall be a duplicate copy of the original may be issued free of cost.
Penalties on breach of rules.—(a) Any person contravening any of the provisions or who fishes, attempts to fish or abets fishing, contrary to the above provisions shall be liable to a fine which may extend to Rupees five thousand but not less than Rupees one thousand and if the breach is a continuing one, to a further fine which may extend to rupees one hundred for every day during which the offence is continued after the date of the first conviction.(b) In addition to the penalty as provided above, the nets land all other fishing equipments used in the commission of the offence shall be liable to confiscation.For a second offence the lease shall be liable to cancellation in addition to any other penalty such as forfeiture of security deposit and daily recurring fine as provided above if the offence be continued for some time.
The Government may, from time to time, select any fishery or fisheries to be settled by tender system and instruct Deputy Commissioner or the Sup-divisional Officer to lease them out for any specified periods.
On receipt of Government’s instruction in any particular year the Deputy Commissioner or the Sub-divisional Officer shall fixed a date not later than the 5th February, on which the settlement of the registered fisheries selected by Government will be made by him after calling for tenders from the public. The date fixed shall be proclaimed by the Deputy Commissioner or Sub-divisional Officer at least a month in advance by a written notice in the form in Appendix A posted at the Sadar and Sub-divisional Cutchery and at the Munsiff’s Court and Police Station within the local limits of which the fishery, or any part of it is situated. The notice shall state the name of the fishery, the mauza or pargana within which it is situated and any other particulars that may be necessary for its identification, the term and price for which it was last settled, the term for which it will now be settled and the date, place a
The place of settlement shall be Sub-division Cutchery for fisheries laying within an outlying sub-division of a district and the Sadar Cutchery of the district for those in the headquarter’s sub-division,
The Deputy Commissioner or the Sub-divisional Officer, as the case may be, shall open the tenders in the presence of an Advisory Board consisting of not less than five persons out of which one member should preferably be from actual fishermen of the Scheduled Castes called at the moment and in consultation with that Board submit the proposal to the Commissioner of Divisions for sanctions. The selection of members of the Board shall be strictly confidential.
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 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 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 member
When the settlement has been concluded, a lease and counterpart shall be interchanged in Forms Nos. 98 and 99 of the Assam Land Revenue Manual, Volume II.
The Deputy Commissioner or the Sub-divisional Officer with the approval of the Deputy Commissioner shall fix the value of each fishery at the time of registration. The value once fixed shall not be changed except with the sanction of Government.
In settlements of fisheries under the tender system, the year shall be reckoned as beginning from the 1st April and ending on the 31st March following.
The right of fishing in registered fisheries shall not ordinarily be for less than three years.
Government may, at any time after the expiry of the term of the current settlement, stop any fishery previously selected by it from further settlement under tender system and order it to be settled under the auction system.
In all matters not covered by the above rules, the settlement shall be subject to the General Fishery Rules framed from time to time.
APPENDIX A
Sale Notice
1. Tenders are invited for &
FORM No. 98
FISHERY LEASE(For use in Assam District)No....of.......I,................Deputy Commissioner/Sub-divisional Officer on behalf of the Governor of Assam hereby authorise you......son of........residing at..........district..........to fish within the limit of the................fishery known as............Register • No.............belonging to Government, situated in Mauza...............Pargana.............District............for a period of..............from...........to........on payment by you of annual sum of Rs.......................to be paid in the following instalments and upon the dates named below subject to the following conditions :I. You shall permit the raiyats of the adjoining villages to catch fish for their own consumFORM No. 99
FISHERY ACCEPTANCE FORMFrom ToThe Deputy Commissioner/Sub-divisional Officer of..Dated.Whereas I have taken the lease of the fishery known as Register No.................from the Deputy Commissioner/Sub-divisional Officer of......for a term of.................year............namely, from the...............to the..............I do hereby declare that I accept and hold myself bound by all the conditions expressed in that lease.FORM No. 101
NOTICE OF SALE OF FISHERIESIt is hereby notified for general information that Government Fishery known as.............registered No............situated in Zila..........within the boundaries specified below, which was settled last...............with...........of Mouza..........for a period of.............years at an annual rent of Rs.............will be sold by tender at the office of the..........on............day of.......next, corresponding to.........B.S. for a period of..............years, the term of the last settlement having expired. Tenders will be received up to.............on.......and will be opened on................at...........in the office of the undersigned. Intending tenderers are invited to submit their tenders accordingly.The sale will be made subject to the following conditions :(1) The Officer conducting the sale does not bind himself
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
