(1) This Act may be cited as the 4[MADHYA PRADESH] Fisheries Act, 1948 5[(2) Extends to and shall be in force in the whole of Madhya Pradesh].
6[(3) ..............................]
2. In this Act, unless there is anything repugnant in the subject or context, -
(i) "fish" includes shell fish, and fish in all stages in its life history;
(ii) "Fishery Officer" means such officer as the State Government may appoint for the purpose of this Act includes any officer or class of Officers empowered by the State Government to act as Fishery Officer;
Provided that no Police Officer below the rank of Sub-Inspector shall be so empowered;
(iii) "fixed engine" means any net, cage, trap or other contrivance for taking fish fixed in the soil of made stationary in any other way;
--------------------------------------------------------------------------------------------------- 1 For Statement of Objects and Reasons, see Central Provinces and Berar Gazette, dated the 26th September 1947, Part II, Page 277. For Report of Select Committee See Central Provinces and Berar Gazette, dated the 16th January 1948, part II page
18. For proceedings in Assembly see Central Provinces and Berar Legislative Assembly Proceedings, 1947 Vol. IV, Pages 14-27 of No. 14 Dated the 30th October 1947 and Vol. pages 62-64 of 4, dated the 4th March 1948.
The Act came into force in the former state of Madhya Pradesh on 2nd July 1948, see Agriculture Department Notification No. 2976-1583-X dated the 29th June 1948, published in Central Provinces and Berar Gazette dated the 2nd July 1948 Part I , page 356.
2 The Act was extended to the whole of Madhya Pradesh by S. 3(1) of the M.P. Extension of Laws Act, 1958 (23 of 1958); vide item 52 of Part A of the Schedule to the said Act, with effect from 1st January, 1959, vide Govt. of M.P. Law Preamble.
Short title extent and.
commencement Definition Deptt. Notification No. 4177-XXI-A(Dr), date 31.12.58 published on p.17 of the M.P.
Gazette Extraordinary dated 1.1.1959.
3 Substituted for "the Central Provinces and Berar" by Adaptation Order,.
1950.
4 Substituted by S.3(4) of the M.P. Extension of Laws Act 1958(23 of 1958) for the words :"Central Provinces and Berar".
5 Substituted by S.3 (3) of the M.P. Extension of Laws Act, 1958 (23 of 1958) for the words "It extends to the whole of Mahakoshal region".
6 Omitted by S.3 (3) of the M.P. Extension of Laws Act, 1958 (23 of 1958).
(iv) " private water " means water--
(a) Which is the exclusive property of any person, or
(b) In which any person has for the time being an exclusive right of fishery whether as owner, lessee or in any other capacity, but does not include any river, canal, stream, jhil, or any piece of water which ordinarily has direct communication with any river, canal, stream or jhil.
Explanation:- Water shall not cease to be "private water" within the meaning of this definition by reason only of the fact that persons other than the owners may have by custom a right of fishery therein;
(v) "prescribed" means prescribed by rules made under this Act.