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Section 5: Power to make rules to protect fish.

The Jammu and Kashmir Fisheries Act, 2018Union territory Act of Jammu and Kashmir · Act 16 of 2018

(1) The Government may, by notification in the [Official Gazette], make rules for any water other than private waters for all or any of the following matters, namely:––

(a) prohibiting or regulating,––

(i) the erection or use of fixed engine and/or fishing gear or any other operators used to catch or destroy fish ;

(ii) the construction of weirs, dam and bunds ; and

(iii) the release of any industrial waste, sewage or any other pollutant to the waters which may be harmful to the species of fish or the food of fish ;

(b) regulating the dimension and the kinds of fish gears to be used and the mode of using them ;

(c) prohibiting all fishing in the specified waters for a specific period ;

(d) prohibiting the use of any gun, spear, arrow, any means of electrocution or the like in any water, with intent thereby to take or destroy any fish therein ;

(e) prohibiting introduction of any kind of fish which may be harmful to the existing species of fish, without obtaining prior permission of the Government ;

(f) to lease out public water resource for a specified period and to charge fees for such lease ;

(g) regulating the standard of sale of fish and the fish seed ;

(h) prohibiting the fishing and marketing of fish during the closed season.

Explanation:––For the purpose of this clause, ‘closed season’ means such period as the Government may, by notification in the [Official Gazette], specify.

(2) In making rules under this section, the Government may provide for––

(i) the seizure, forfeiture and removal of fishing gear erected or used in contravention of the rules ;

(ii) the forfeiture of any fish taken by means of any such fish gear ; and

(iii) the forfeiture of fish taken or sold during the period specified in clause (h) of sub-section (1).

(3) The Government may, by notification in the [Official Gazette], apply such rules or any of them to any private water with the consent, in writing, of the owner thereof and all persons having for the time being any exclusive right of fishing therein.

Where this provision sits

ActThe Jammu and Kashmir Fisheries Act, 2018
Section5
Marginal notePower to make rules to protect fish.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.

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