S.1 Short title, extent and commencement

(1) This Act may be called the Uttarakhand Fisheries Act, 2003. (2) It extends to the whole of Uttarakhand State. (3) It shall come into force at once.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context --- (1) Fish includes shell fish and fin fish, turtles in all stages of its life history including aquatic plants used by fishes; (2) Fishing craft means any boat, whether manually operated or powered, used for fishing or transport of fish; (3) Fishing Gear means any net, line rod and line, fishing tackle and other appliances used for catching fish; (4) Fishing offence means an offence punishable under this Act or under any rule made there under, (5) fishery officer means any person whom the Uttarakhand Govt. or any other officer empowered by the Uttarakhand Govt. in this behalf, may from time to time, appoint by name or as holding an office, to carry out all or any of the proposes of this Act or to do anything required by this Act or any rule made there under. provided that no police officer below the rank of sub-inspector shall be so empowered( (6) Fixed engine means any net, cage, trap other contrivance for t

S.3 Power to make rules for prohibition and licensing of fishing in selected waters

(1) The State Government may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters, not being private waters, to which all or any of them shall apply. (2) The State Govt. may, by notification in the official Gazette apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein, or if the State Govt. is satisfied that the consent is un-reasonably with held without such consent. Provided that no rules under this section shall apply to any religious waters. (3) Such rules may- (a) Prohibit or regulate all or any of the following maters:- (1) The erection and use of fixed engines, (2) The ownership of check dams constructed on rivers/tributaries would continue with the existing Deptt. but the total control over their fishery management activities and monitoring the harvesting of stocks will vest with the Deptt

S.4 Power to prohibit sale of fish

The State Govt. may, by notification in the official, Gazette, prohibit in such area or areas as may be specified in that behalf the offering or exposing for sale or barter of any fish catched or killed in contravention of any rule made under sub-section (3) of this Act

S.5 Penalties

The breach of any rule made under section 3 or of any prohibition notified under section 4 shall be punishable- (1) On first conviction with fine which may extend to five hundred rupees. (2) On every subsequent conviction with fine which may extend to one thousand rupees.

S.6 Punishment of destruction of fish by explosives

If any person uses any explosive substances in any water with intent thereby to kill, catch or destroy any fish, he shall be punishable with fine which may “Rupees Two thousand minimum” and in addition to the above “ the amount of maximum fine shall be prescribed in such a manner as may be determined by the State Government from time to time.. (2) Whoever, having already been convicted of an offence under subsection (1) is again convicted thereunder, shall, on every subsequent conviction, be punishable with fine which may “Rupees Two thousand minimum” and in addition to the above “ the amount of maximum fine shall be prescribed in such a manner as may be determined by the State Government from time to time. (3) If a person is found to be in possession of a dynamite or any other explosive substance for the purpose of killing the fish near or in the vicinity or on the bank of a river, rivulet, khad, pond, lake, reservoir which are habitated by the fishes, shall unless he explains satisfa

S.7 Punishment for destruction of fish by poisoning

(1) If any person puts any poison, bleaching powder, lime or noxious material and electric current into any water with intent thereby to catch or destroy any fish, he shall be punishable with imprisonment for a term which may extend to three years or with fine of five thousand rupees or with both. *(2) If any person kills or catches fish with a net during the season, in which killing or catching of fish is prohibited under any rule framed under clause (d) of sub-section (3) of section 3, shall be punishable with fine which may “the amount of maximum fine shall be such as may be prescribed by the State Government from time to time. (3) Offences to be cognisable and non-bailable- Notwithstanding anything contained in the code of Criminal Procedure, 1973 all offences under section 6 and 7 of this Act shall be cognisable and non-bailable offences.

S.8 Arrest without warrant for offence under this Act

(1) Any fisheries officer not below the rank of fisheries department officer, police officer not below the rank of the sub-inspector , or any other person specially empowered by the State Government in this behalf, may arrest without any warrant any person committing or attempting to commit, in his view a fishing offence- (a) If the name and address of the person are not known to him; and (b) If the person declines to give his name and address or if there is reason to doubt the accuracy of the name and address if given. (2) A person arrested under this section may be detained until his name and address have been correctly ascertained; Provided that no person so arrested shall be detained longer than it may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (3) Every fishery officer shall have the same powers of search and investigation relating to a fishing offence as a police officer of the rank of the subInspector has under th

S.9 Cognizance of offences

No court shall take cognizance of any offence under this Act, except the complaint of a fishery officer or of a police officer not below the rank of the sub-inspector or any other person or class of persons authorized by the State Government in this behalf.

S.10 Power to compound certain offence

S.11 Public servants indemnified for acts done under this Act

All persons empowered to exercise powers and perform duties under this Act or rules made there under shall be deemed to be public servants within the meaning of section 21 of Indian Panel Code.