(1) This Act may be called the Arunachal Pradesh Fisheries Act, 2006.
(2) lt extends to the whole of Arunachal Pradesh except the Reserved Forests; Wildlile Sanctuaries, National Parks and Protected Forests as notified by the Government ol Arunachal Pradesh from time to time.
(3) lt shall come inlo lorce on such date as the Slale Government may by noti{ication in the Official Gazette, appoint.
2. ln this Act, unless the context otherwise requires,
(1) 'The Government" means the Government of Arunachal Pradesh ;
(2) "Deputy Commissioner" means Deputy Commissioner of a District which includes Additional Deputy Commissioner;
(3) "Fishery Office/' means any Otficer appointed by the Government as Oistrict Fisheries Development Otficer or, Fishery Officer for the purpose of this Act to exercise the powers and perform the duties as District Fisheries Development Ofricer and Fishery Otficer respectively;
161 8, Every rule made under this Act shall be laid, as soon as may be after it is made, before the House oI Stales Legislature, while it is in session and il the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall therealter have etfect only in such modified lorm or be of no effect, as the case may be ; so, however, that any such modi{ication or annulment shall be without preludice to the validityol anything previously done under that rule.
9. No suit, prosecution or other legal proceedings shall lie against the State Governmen't or any otficer ol the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
Rules to be iaid before Legislature.
Protection ol action taken in good taith.
Provided that no order shall be made under this section after the expiry of two years {rom the commencemenl of this Act.
Note : Published in the Arunachal Pradesh Gazette Extraordinary No. 26 Vol. XIV dated 30th March,
2006.
10. The provisions of this Act shall be in addition Application of to, and not in derogation of the provisions of any other other laws not law Ior the time being in force. barred.
11 . (1 ) lf any difficulty arises in giving effect to the Power to provisions o{ this Act, the State Government may, by remove order published in the Off icial Gazette, make such difficulties.
provisions nol inconsistent with the provisions of this Act as may appear to be necessary lor removing the difficulty:
(2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislalure.
163
(4) "Fish" includes Iin fish, shell fish, tortoise and any other aquatic animals of economic importance;
(5) "Fishery'means the water bodies declared to be a fishery by proclamation issued under section 3 of this Act and will not include any such water bodies on which indigenous communities have acquired customary rights of lishing;
(6) "Prescribed" means prescribed in the rules f ramed under the Act;
(7) "Private Wate/' means water bodies which are the exclusive property ol any person or in which any person has, Ior the time being, exclusive right Ior Fishelies enhancements whether as owner, lessee or in any other capacity ; and
(8) "Fixed Engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or, made stationary in any other way.
3. Right to fisheries shall be determined as follows:
(1) The Fishery Department shall manage all the natural water logged and swampy areas, lakes, beels, Fish Mahals, Rivers and Streams.
(2) The revenue earned lrom the natural resources developed and where pisciculture practices have been taken up bythe Department ol Fisherieswall be deposited in the Departmental Head olAccount.
(3) The revenue earned from other natural lishing areas where no pisciculture practices are involved, the revenue would be shared as under:
(i) 50 per cent ot the revenue would be deposited in the public exchequer.
(ii) 50 per cent of the revenue would be shared by the bodies (e.9. Gram Panchayat, Anchal Samity, Zilla Parishad as the case may be) or, in such proportions as may be prescribed in the rules.
Right to Fisheries Destruction of fish by explos ives or by bimilar/allied substances.
Destruction of fish by poisoning waters.
Power to make rules.
164
(4) The Deputy Commissioner with the permission/ sanction ol the Government and in consultation with lhe concerned District Fisheries Development Olficer may, by notif ication in the prescribed manner, declare any group of water bodies, running or stagnant, except privale waters to be a fishery and shall be declared/ deemed to be acquired by the public or any persons (if interested lor the Fisheries development), immediately alter the enactment of this Bill and the rules made thereunder.
I
4. ll any person uses dynamite or any olher explosive substances like crackers, hand grenade or similar explosives in any water intentionally, thereby to catch or destroy fishes therein, he/she shall be punishable with imprisonment, for a term which may exlend to lwo months, or with fine which may extend to two thousand rupees or with both.