(1) Every person seeking previous permission for fishing under sub-section (1) of section 42 of the Act shall submit an application in Form No.9A, to the Irrigation Officer accompanied by a fee of rupees 100(Hundred Only) to be paid by means of a treasury chalan remitted in the Head of Account “0701-80-Gen-other receipts-103- sale of water for other purpose.”
(2) On receipt of an application under sub-rule (1), the Irrigation Officer shall call for a detailed report from the Custodian Officer of the reservoir within 7 days of such receipt and thereafter on the basis of the report and after due enquiry he may grant or refuse to grant permit, by a speaking order within 7 days of receipt of the report.
(3) The report of the custodian officer shall among other details if any, contain the following details, namely:--
(a) whether fishing can be allowed during the period applied for;
(b) whether it is safe to allow fishing;
(c) whether the antecedents of the applicant allow issuance of the permit;
(d) whether the antecedents of the workmen engaged by the applicant for fishing allow issuance of the permit.
(e) whether the ecology, environment, or natural resources would be adversely affected.
(f) if permit should not be issued, the specific reasons thereof.
(4) Where permit is decided to be issued, it shall be issued by the Irrigation Officer, in the format given in Schedule III.
(5) The permit shall be valid for a period of thirty days, subject to the terms and conditions of the permit.
(6) The details of the permit holder and his workmen shall be recorded in the permit.
(7) It shall be the duty of the Custodian Officer to ensure that no person other than the permit holder and workmen of the permit holder as noted in the permit, are allowed to fish in the reservoir.
1. Substituted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
(8) The number of persons who may be given permit for fishing and the area where each permit holder and his workmen may be allowed to fish shall be fixed by the Irrigation Officer in consultation with the Custodian Officer and specified in the permit.
(9) Where an application is rejected by the Irrigation Officer, the reasons thereof shall be informed in writing to the applicant.
(10). Where an application is rejected, the applicant may file an appeal before the Superintending Engineer under whose jurisdiction the reservoir falls, whose decision thereon shall be final.
1 [19(A) Issue of license for navigation in an irrigation work – (1) Every person seeking license for navigation under section 43 shall submit an application in Form No.9B to the Chief Engineer, concerned under whose jurisdiction the irrigation work falls, accompanied by a fee of rupees 500 (Rupees Five Hundred only) to be paid by means of a Treasury Chalan remitted in the Head of Account “0701-80- Gen-other receipts-103-sale of water for other purpose.”
(2) On receipt of an application under sub-rule(1) the Chief Engineer concerned shall call for a detailed report from the Superintending Engineer under whose jurisdiction the irrigation work falls within 30 days of such receipt and thereafter on the basis of the report and after due enquiry, grant or refuse to grant license for navigation, by order, within 30 days of receipt of the report.
(3) The report of the Superintending Engineer shall among other details if any, contain the following details, namely:--
(a) whether it is safe to allow navigation for the purpose applied for;
(b) whether navigation can be allowed for the purpose applied for during the period specified in the application or if navigation for the purpose applied for can be allowed for a different period or periods, the reasons and details thereof may be stated;
(c) whether the vessel intended to be used for navigation satisfies the statutory prescriptions under the Inland Vessels Act, 1917 and the rules made thereunder as certified by the Coastal and Inland Navigation Department or Port Department.
(d) whether the safety of the vessel and the passengers are ensured and the details thereof;
1. Inserted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
formed under section 49 of the Act, shall submit an application for registration before the Chief Engineer (Irrigation and Administration), Water Resources Department who shall be the Registering Authority for the purpose of sub-section (9) of section 49 of the Act.
(e) whether the ecology, environment or natural resources would be adversely affected, if navigation is permitted;
(f) whether pollution would be caused, if navigation is permitted;
(g) if license can be granted upon complying with any special conditions, the conditions thereof.
(h) if license cannot be granted, the specific reasons thereof;
(4) Where license is decided to be granted, it shall be granted by the Chief Engineer concerned under whose jurisdiction the irrigation work falls, in the format given in Schedule IV.
(5) The license shall be valid for a period of one year, subject to the terms and conditions of the license.
(6) It shall be the duty of the Superintending Engineer under whose jurisdiction the irrigation work falls, the Irrigation Officer and the Custodian Officer in the case of reservoirs, to ensure that navigation is not conducted in any irrigation work except under a license issued under the Kerala Irrigation and Water Conservation Act, 2003 and the rule made there under;]