WEST BENGAL INLAND FISHERIES ACT, 1984
(1) This Act may be called the West Bengal Inland Fisheries Act, 1984.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint, and different dates may be appointed for different provisions of this Act.
In this Act, unless there is anything repugnant in the subject or context,-
(i) "company" means a domestic company or a foreign company.
Explanation I.-"Domestic company" means a company formed and registered under the Companies Act, 1956 (1 of 1956), and includes a company formed and registered under any law relating to companies formerly in force in any part of India :
Provided that the registered office of the company is in India.
Explanation II.-"Foreign company" means a foreign company within the meaning of section 591 of the Companies Act, 1956, and includes any foreign association, whether incorporated or not, which the Central Government may, by general or special order, declare to be a foreign company for the purposes of this Act;
(1) The State Government may, for the purpose of conservation and propagation of fish, by notification restrict, for any specified area and for a specified period, fishing of specified size, group or species of fish, and 1[ * * * ] regulate the conservation and propagation of fish including the following-
(i) the erection or use of fixed engine;
(ii) the construction, temporary or permanent, of any weir, dam or bundh;
(iii) the dimension and kind of any net or size of any mesh or any other fishing contrivance, and the mode of using them.
1. Omitted the words "may by rules" by s. 3(1) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (W.B. Act VII of 2008).
2[(1A) No person shall use the kind of ne
(1) Fishing activities in any fishery zone shall be such as may be specified by the State Government, by notification.
1. Ins. by s. 4 of the West Bengal Inland Fisheries (Amendment) Act, 2008 (W.B. Act VII of 2008).
(2) The State Government may create such infrastructural facilities as may be necessary in any fishery zone in the interest of promotion of pisciculture, improvement or construction of roads, establishment of training centre and health care services, setting up of market complex and generation of employment for the fishermen community in particular and others in general.]
No person shall, without obtaining permission from the competent authority, catch fish by angling in such area as the State Government may by notification specify.
2[(1) If any person uses any dynamite or other explosive substance or puts any poison, lime or noxious material in any fishery or other water area with intent to catch or destroy any fish therein, he shall be punished with imprisonment for a term which may extend to 3[one year], or with fine which may extend to 4[one lakh] rupees, or with both.
2. Renumbered as sub-section (1) by s. 5, ibid.
3. Subs. by s. 5(1)(a), ’ibid, for "six months".
4. Subs. by s. 5(1)(b), ibid, for "two thousand".
5[(2) If any person in connection with preservation of fish uses any unhygenic substance or cooler or colour which may cause deterioration of the quality of fish for which image of the State Government is tarnished in the export market, the competent authority shal
(1) No person shall discharge into any flowing water or any confined water area any industrial waste, sewage or other polluting substance that may affect the health or life of fish or cause destruction of fish, or act in contravention of any rules regulating the protection of fish.
6[(1A) No person shall use any antibiotic substance, as may be prescribed, which may affect the health or life of fish or cause destruction of fish farm in any brackish-water farm in the State.]
6. Ins. by s. 6(1), ibid.
1[(2) Any person causing pollution of any flowing water or in any confined water area or use any antibiotic substance in any brackish-water fish farm in the State in contravention of provisions of sub-section (1) or sub-section (1A) shall be directed by the State Government for the prevention of suc
The State Government may prescribe by rules the minimum age, length and weight of fish that shall be used for induced breeding for any purpose other than scientific research.
(1) If the competent authority, on receipt of an information or on his own motion or otherwise, is satisfied with that a multi-ownership tank is not utilized in accordance the prevailing norms of pisciculture and that it is necessary for any public purpose so to do, he may, after giving 3[fifteen days] notice to the owner and the possessor of such tank, by order in writing take over the management and control of such tank.
3. Subs. by s. 7(1), ibid, for "one month’s".
(2) The management and control of 4[such tank or water area] may be transferred by the competent authority to any person for proper utilization of 4[such tank or water area] in such manner as may be prescribed.
4. Subs. by s. 7(2), ibid, for "such tank".
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(1) The State Government may, for the purpose of making an equitable distribution or sewage water for the sewage-fed fisheries, set up a committee with such members as may be prescribed.
(2) The committee shall exercise such powers as may be prescribed.
A cluster of fishermen or other persons or both may, for the purpose of efficient production and sale of fish in a collective way, form and register a fish production group in such manner as may be prescribed:
Provided that no person who is a member of any fishermen’s co-operative society, registered or deemed to be registered under the West Bengal Co-operative Societies Act, 1973 (W.B. Act XXXVIII of 1973), shall be a member of a fish production group.
(1) The State Government may, if it thinks fit so to do, build up a buffer stock of fish for the purpose of ensuring a steady supply to consumers.
(2) For the purpose mentioned in sub-section (1) the State Government may impose a levy on producers and wholesale dealers of fish at such scale and in such manner as may be prescribed:
Provided that such imposition of levy shall come into force in such areas and in respect of such species of fish as the State Government may by notification specify.
Explanation.-"Producer" shall include a catcher.
No fish or fish product rejected by any authority empowered to do so under any law for the time being in force as being unfit for export shall be put to sale for human consumption, unless the same has been certified by an authority, appointed by the State Government by notification, to be fit for such consumption and such authority shall also indicate in the certificate the period of validity thereof.
No person shall sell fish-spawn without using such standard measure as may be specified by the State Government by notification.
Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government may by notification declare any area as a fish-market area within which purchase and sale of fish shall be regulated in accordance with such rules as may be prescribed.
The owner or lessee of a fish-market wholly or partly meant for sale of fish shall ensure such hygienic condition in such market as may be prescribed.
(1) Every person ordinarily dealing in fish of any quantity exceeding ten kilograms by way of sale, exposing for sale, transportation, storage, preservation or processing shall observe such hygienic and sanitary conditions as may be prescribed.
(2) If any person fails to observe any hygienic or sanitary condition as provided in the rules referred to in sub-section (1), he shall be punished with fine which may extend to ten thousand rupees.
(1) The State Government may make rules regulating the payment of wages, either in cash or in kind or in both, the weekly duty hours and other terms and conditions of employment of the labour employed in fishing activity of any kind.
(2) Such rules may also provide for the mode of settlement of disputes between a fisherman and the labour employed by him.
(1) No person shall-
(a) put any water area including embankment 2[ * * * ], which is capable of being used as fishery, or any naturally or artificially depressed land holding 2[* * *], which retains water for a minimum period of six months in a year, to such use, other than fishery, as may result in abolition of fishery 1[within the jurisdiction of any Municipal Corporation or any Municipality], or
1. Ins. by s. 8(1)(i)(b) of the West Bengal Inland Fisheries (Amendment) Act, 2008 (W.B. Act VII of 2008).
(b) fill up any water area 2[in part or in full] including embankment or naturally or artificially depressed land holding as aforesaid, with a view to converting it into solid land for the purpose of construction of any building thereon or for any
(1) An appeal against any order of the competent authority made under this Act or the rules made thereunder may be preferred within a period of thirty days from the date of communication of the order to the person aggrieved by such order:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) An appeal under sub-section (1) shall lie with such officer, not below the rank of Deputy Director of Fisheries, as the State Government may by notification appoint.
(3) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, pass such orders thereon a
(1) The State Government may by notification make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed.
Whoever commits any offence by-
(a) contravening any of the provisions of this Act, or
(b) failing to comply with any direction lawfully given to him or any requisition lawfully made to him under this Act,
shall, except as otherwise provided in this Act, be punished with fine which may extend to five thousand rupees.
(1) No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
(2) No suit or other legal proceeding shall lie against the State Government or any officer or authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
No court shall take cognizance of any offence punishable under this Act, save on complaint made by a fishery officer not below the rank of a District Fishery Officer or a police-officer not below the rank of a Sub-Inspector.
The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, express or implied, or in any instrument having effect by virtue of any law other than this Act or in any custom or usage.
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