TRAVANCORE-COCHIN FISHERIES ACT, 1950

Contents

THE TRAVANCORE-COCHIN FISHERIES ACT, 1950

Sections

1. Short Title

2. Definitions

3. Close time

4. Protection of fish in selected waters by rules passed by Government

5. Offering or exposing for sale or barter any fish killed in contravention of rules under section 4

6. Penalty

7. Destruction of fish by explosives in inland waters and on coasts

8. Destruction of fish by poisoning Waters

9. Grant of license

10. Cancellation of license

11. Period of and fees for license

12. Duty of license holders to produce license

13. Subsequent convictions for offences under the Act

14. Confiscation

15. Presumption of Commission of Certain offences

16. Duty of Court as regards cancellation of license

17. Power of seizure when offence committed in presence of certain Officers and persons

18. Power of Government to make rules

19.

20. Fishing without license in Conceded Waters

21. Power to arrest

22. Prohibition against attracting prawns into private waters except under a license

23. Power to apply provisions of the Act to shells of fish

23A. Recovery of rents, fees etc. On account of fishing leases and licenses

24. Repeal

THE TRAVANCORE-COCHIN FISHERIES RULES, 1952

Rules 1 to 13

Rules prohibiting the Use of Kochumattu

Rules Prohibiting Use of Paithuvala

Rules prohibiting the use of "Othukkuvala'

Rules prohibiting Fishing by using Larger Type of Nets like "Atakamkolli Peruvala” Etc

Rules specifying that Fishing shall not be permitted in Reservoirs of irrigation Projects Except under a License

Notification

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THE TRAVANCORE-COCHIN FISHERIES ACT, 1950

(Act XXXIV of 1950 as amended by Act 7 of 80, Act 21 of 91, & 16 of 2000)

Preamble.- WHEREAS it is expedient to make provisions for matters relating to fisheries in the State of Travancore-Cochin;

It is hereby enacted as follows,-

1. Short Title.-

(1) This Act may be called the Travancore-Cochin Fisheries Act, 1950.

(2) It extends to the whole of the State of Travancore-Cochin.

(3) Commencements: It shall come into force at once.

2. Definitions.-

In this Act, unless there is anything repugnant in the Subject or Context; "Fish' includes shell-fish; "Fixed engine means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationery in any other way;

'Local authority' means a village panchayat constituted under section 4, of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994); "Private Water means water which is the exclusive property of any person or in which any person has for the time being an exclusive right of fishery, whether as owner, lessee or in any other Capacity,

Explanation:- Water shall not cease to be 'Private water' within the meaning of this definition by reason only that other persons may have by Custom a right of fishery therein.

3. Close time.-

(1) The Government may, by notification in the Gazette declare the whole year or any part thereof to be a close time in any area for any kind of fish.

(2) Subject to the provisions hereinafter contained it shall be unlawful except under a license, and in the manner and to the extent permitted thereby to capture any fish during such close time.

4. Protection of fish in selected waters by rules passed by Government.-

(1) The Government may make rules for the purposes hereinafter in this section mentioned and may, by a notification in the Gazette, apply all or any of such rules to such waters, not being private waters, as the Government may specify in the said notification.

(2) The Government may also by a like notification, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.

(3) Such rules may prohibit all fishing in any specified water except under a license granted by the Government and in accordance with such terms and conditions as may be specified therein.

(4) Such rules may also prohibit or regulate either permanently, or for a time or for specified seasons only, all or any of the following matters, that is to say:-

(a) the erection and use of fixed engines;
(b) the construction of Weirs:
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(c) the dimension and kind of the contrivances to be used for taking fish generally, or any specified kind of fish and the modes of using such contrivances;
(d) the minimum size or weight below which no fish of any prescribed species shall be killed;
(e) the variety, description or power of lights used for fishing; and
(f) the destruction of fish or depletion of fisheries by pollution by trade or industrial effluentS.

(5) Notwithstanding anything contained in sub-section (1), (2), (3) or (4), the Government may for the purpose of preserving or protecting fish in any area, make rules restricting, regulating or otherwise controlling fishing in private Waters generally, and they may by notification in the Gazette apply all or any of such rules to such private waters as they may specify in the said notification after giving notice to the owners thereof and to all persons having or believed to have an exclusive right of fishing therein and after hearing there objections, if any.

(6) In making any rule under this section the Government may provide for

(a) the seizure, forfeiture and removal of any fixed engines erected or used or nets or other contrivances used for fishing in contravention of the rules, and
(b) the forfeiture of any fish taken by means of any such fixed engine or nets or other contrivances.
5. Offering or exposing for sale or barter any fish killed in contravention of rules under section 4.-

The Government may, by notification in the Gazelle, prohibit in any specified area the offering or exposing for sale or barter any fish killed in contravention of any rule made under the last foregoing section.

6. Penalty.-

The breach of any notification under section 3 or of any rules made under section 4, or of any notification under Section 5, shall be punishable with fine which may extend to one thousand rupees:

Provided that the Superintendent of Fisheries or any Officer not below the rank of Fishery Inspector Specially authorised by Government in that behalf may accept from any person reasonably Suspected of having Committed an offence against the rules made under sub-section (3) of section 4 by Way of compensation for the offence which may have been committed, and where any property have been seized as liable to forfeiture may release the same on payment of the value thereof as estimated by him.

7. Destruction of fish by explosives in inland waters and on coasts.-

(1) If any person uses any dynamite or other explosive substances in any water with intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two thousand rupees, or with both.

(2) In sub-section (1) the word "water" includes the sea within a distance of one maritime league of the Sea Coast; and an offence Committed under that sub-section in such sea may be tried, punished and in all respects dealt with as if it had been committed on the land abutting on Such Coast.

8. Destruction of fish by poisoning waters.-

(1) If any person puts any poison, lime or noxious material 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 two months or with fine which may extend to two thousand rupees, or with both.

(2) The Government may by notification in the Gazette, suspend the operation of this section in any specified area and may, in like manner, modify or cancel any such notification.

9. Grant of license.-

The Government may from time to time, make rules to determine

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the officers by whom, the form in which and the terms and conditions subject to which any license shall be granted by a Local authority.

10. Cancellation of license.-

Subject to any rule made in this behalf by the Government, any license may be cancelled or suspended by the authority competent to issue the license-

(a) When any of the terms or conditions of the license has been infringed, or
(b) When the holder or any of the holders has been convicted of an offence against the provisions of this Act.
11. Period of and fees for license.-

Every license granted under this Act shall, unless otherwise provided for in the rules be transferable and may be granted and renewed for any period not exceeding one year, subject to the payment of such fee and on such conditions as may be fixed by rules made by the Government from time to time:

Provided that the Government or the local authority may, in the interests of scientific research, exempt any person from taking out a licence under this Act:

Provided further that the provisions of this section shall not apply to fishing stakes and China nets.

12. Duty of license holders to produce license.-

Every holder of a license granted under this Act shall be bound to produce such license for inspection at any time on being required to do so by any Magistrate, or by any Police Officer, or any other person authorised in this behalf, by name or in virtue of his office, by the Government or local authority.

13. Subsequent convictions for offences under the Act.-

Whoever, having been already convicted of an offence under this Act, is again convicted thereunder, shall, on every subsequent conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

14. Confiscation.-

When any person is convicted of an offence punishable under this Act the convicting Magistrate may direct that any fish in respect of which the offence has been Committed or the flesh or any part of such fish, together with the instruments, if any, with which the offence Was Committed, shall be confiscated.

15. Presumption of commission of certain offences.-

Where any person is found carrying any fish recently captured or killed, together with any instruments with which such fish could be so captured or killed, the Court shall presume that he has captured or killed, such fish with such instrument.

16. Duty of Court as regards cancellation of license.-

When the holder of a license granted under this Act has been convicted of an offence thereunder, the convicting Court shall send a copy of its judgement together with the license (if before the Court) to the nearest authority empowered to cancel the license under this Act, for such action as such authority may deem fit.

17. Power of seizure when offence committed in presence of certain Officers and persons.--

Where any person Commits an offence against the provisions of this Act in the presence of a Police Officer, or of any other person authorised in this behalf by name or in virtue of his office by the Government or local authority, such officer or person may seize the fish, if any, captured or killed and also any instrument used in the commission of such offence, and shall send them without unnecessary delay, together with a report of the circumstances, to a Magistrate competent to take cognizance of the alleged offence.

18. Power of Government to make rules.-

The Government may by notification in the Gazette, make rules to carry out the purposes of this Act and to provide for appeals to the local authority from orders made under this Act by any person other than a Magistrate, and Such rules, when so published, shall have the force of law.

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19.

(1) Whenever it appears that adequate arrangements have been made by any club or association for preserving and protecting in any water any non-indigenous variety of fish specified by the Government by notification in the Gazette, the Government may by order in Writing concede to such club or association the exclusive right of taking such fish in such water within such limits and for such period and subject to such conditions as the Government may deem fit.

(2) Any club or association to which such right has been Conceded may, Subject to the approval of the Government, make rules for the protection and preservation of the fish to which the concession applies, and for regulating the manner in which they may be taken. Such rules when approved by the Government shall be published in the Gazette.

(3) In particular, and without prejudice to the generality of the power conferred by the last preceding sub-section, such rules may-

(a) Provide for the issue of licenses by the club or association (either in addition to or in substitution for the licenses prescribed by section (9) enabling the licensees to fish for and take the fish to which the concession applies subject to the rules of the club or association;
(b) prescribe the fees chargeable on the issue of such licenses;
(c) Provide for the application of such fees; and.
(d) Prescribe a close season for the fish with regard to which the concession was given.
20. Fishing without license in conceded waters.-

Any person who fishes or takes, or attempts to take, any fish for the taking of which a license is required by rules made under section 19 without such license, or during the close season prescribed by such rules, or in contravention of any of such rules, shall be liable to the punishment prescribed by Section 6.

21. Power to arrest.-

Any Police Officer or other person specially empowered by the Government in this behalf may, without a warrant, arrest any person Committing in his view a breach of any of the provisions of this Act or of any rule made thereunder, if the name and address of such person be unknown to him and if such person, declines to give his name and address or if the Police-Officer or any person empowered as aforesaid shall have reason to doubt the accuracy of such name or address, if given, such person may, subject to the Code of Criminal Procedure or the time being in force, be detained at the Station house until his name and address shall be correctly ascertained.

22. Prohibition against attracting prawns into private waters except under a license.-

(1) Notwithstanding Anything contained in any other provisions of this Act or any law or custom having the force of law, it shall be unlawful for any person except under a license, and in accordance with the terms and conditions, if any, prescribed by rules made under this section, to attract prawns or cause or allow migration of prawns into private waters from any waters notified under sub-section (1) of section 4 by the use of sluices, openings, alluring lights or other contrivances and catch, destroy, cause injury to or prevent escape of any Such fish by the use of nets, gratings, gears or any other means whatsoever.

(2) Any person contravening the provisions of sub-section (1) shall on conviction, be liable to a fine not exceeding two hundred rupees.

(3) The Government may make rules for the purpose of giving effect to the provisions of this section and prescribe therein the terms and conditions under which a license may be issued.

(4) Fee at such rates as may be fixed by the Government by rules made under sub-section (3) shall be paid in respect of every license issued under sub-section (1):

Provided that the fee payable for any such license shall not exceed sum calculated at rupees one hundred and twenty-five perhectare) of the Private waters into which prawns are attracted or caused or allowed to migrate.

(5) The breach of any rule made under sub-section (3) or of the conditions of any licence

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issued under Sub-section (1), shall be punishable with fine which may extend to five hundred rupees.

23. Power to apply provisions of the Act to shells of fish.-

The Government may, by notification in the Gazette, apply the provisions of this Act to shells of fish, if, in their opinion, it is desirable to prohibit or regulate the collection of the same from any water.

Explanation:- For purposes of this section, the word 'water includes the sea within a distance of one marine league of the sea coast.

23A. Recovery of rents, fees etc. on account of fishing leases and licenses.-

All rents, fees and other moneys payable to local authority on account of fishing leases and licenses granted by it shall be recovered in like manner as if they were arrears of land revenue.

24. Repeal.-

The Travancore Fisheries Act, XI of 1097 and the Cochin Fisheries Act, III of 1092 are hereby repealed:

Provided that all licenses granted under the said Acts shall continue in force for the periods for which the same have been granted subject to the provisions of the said Acts.

THE TRAVANCORE-COCHIN FISHERIES RULES, 1952

Rules regulating fishing in the Kundale lake in Sethuparvathipuram reservoir.

In exercise of the powers conferred by section 4(1) and Section 18 of the Travancore-Cochin Fisheries Act, 1950 (XXIV of 1950) Government are pleased to make the following rules regulating the fishing in the Kundale lake in Sethuparvathipuram Reservoirs.

1. The Executive Engineer, Generation Division, Chitirapuram, under whose control the Kundale Dam works are placed, may grant permission to applicants for fishing in the Kundale lake or may cancel the permission given to anybody for fishing in the said lake.

2. Any visitor, bonafied tourist and staff members of any company operating in the Devicolam taluk may apply for permission to fish in the taluk. No person without permission shall fish in the lake.

3. Fishing shall be with rod and line only. Normally this should be with the artificial fly on a single hook but trolling and spinning the artificial minnow may be permitted. No netting or any other form of fishing shall be allowed.

4. Six rods will be allowed for fishing at any one time.

5. All fish retained must be killed at the waterside.

6. Boats required for the purpose will ordinarily have to be provided at fisher's own cost. The Electricity Department's boats, if any available, will be give on hire at the rates fixed from time to time.

7. Fishing boats shall not be permitted to go within 100 ft. distance of the Dam itself.

8. Three water wardens will be appointed to ensure that the rules are strictly adhered to. For the present, they shall be (1) the Executive Engineer, Generation Division, Chitirapuram, (2) the Chairman of the High Range Angling Association, and (3) the Manager of the Yellappatty or Chittavurrai Estate as nominated by the General Manager of the K.D.H.P.Co., Ltd.

9. A fishing permit will be given to every person who has been permitted to fish in the locality by the Executive Engineer. Generation Division, on application, or by the General Manager of the K.D.H.P.Co., Ltd. or by the Chairman of the High Range Angling Association. A statement of the

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