D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 1 THE RAJASTHAN FISHERIES RULES, 1958 C O N T E N T S
1. Title, extent and commencement.
2. Definitions.
3. Issue of licence.
4. Fees.
5. Procedure by inviting tender/ auction.
6. Procedure of Payment of fee and security money in case of licence by tender/ auction.
7. Terms of Licence.
8. Refund of fees.
9. Loss of licence.
10. Conditions of the licence.
11. Closed season.
12. Seizure, removal and forfeiture in official enquiries.
13. Forfeiture of apparatuses used in contravention of these rules.
14. Cancellation of a licence.
15. Fishing by the Department for scientific purpose.
16. Prohibition of the sale/ purchase of fish less than 500 grams.
17. Interpretation
18. Removal of Difficulties D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 2 THE RAJASTHAN FISHERIES RULES, 1958 [Notification No. F.29(46)/Agr.54 dated 1 [22.8.1958], published in the Rajasthan Gazette, Part IV C dated 11.9.1958. In exercise of the powers conferred by section 5 of the Rajasthan Fisheries Act. 1953 (Act No. XVI of 1953), the Governement of Rajasthan makes 2 [after previous publication] the following rules :- As amended subsequently by the following notifications :-
1. No. F29 (46)Agri./54 dated 16.10.1958, Pub. in Raj. Rajpatra Ext.Pt. IV (Ga), dated 6.11.1958:
2. No. G.S.R. 82 F.1 (15)Agr./Gr.3-75, Pt.I dated 7.2.1978 Pub. in Raj.
Rajpatra Ext. Pt. IV (Ga), dated 9.2.1978 p. 363 (1):
3. No. G.S.R. 45, dated 26.8.1981, Pub. in Raj. Rajpatra Ext. Pt. IV (Ga), dated
26.8.1981, p. 144:
4. No.G.S.R. 87-F.5(36)/Agru-6/81, dated 11.12.1981, Pub. in Raj. Rajpatra Ext., Pt.IV (Ga),dated 11.12.1981, 307 _________________________________________________________________
1.Subs. by No.1 [6.11.58], 2 Ins. by No.1 [6.11.58]
5. No. GSR 17-F5(8) Agri./VI/88, dated 20.9.1990, Pub. in Raj. Rajpatra Ext.,Pt.IV (Ga),dated
20.9.1990, p43:
6. No. GSR 19/F.5(8) Agri/VI/88, dated 19.6.1991, Pub. in Raj. Rajpatra Ext.,Pt. IV (Ga),dated
19.6.1991, p.50:
7. No.F5(8)Agr.-VI/88,SR 19, dated 24.6.1993, Pub.in Raj. Gaz. Ext.Part 4
(ga)(I),d.2.7.1993,p.52
8. No. GSR-9(8)Agri.6/88 dated 13.03.97 Pub. in Rajasthan Rajpatra Part 4 (D) dated 20.3.97
9. No. GSR 118-F5(8) AH/97 dated 19.4.99 pub in Raj/ Rapatra part 3 (B) dated 20.04.1999
10. No.GSR-46-F5(8) AH/97 dated 07.01.2001 pub in Rajpatra Ext.Ori. part 3 (B) dated
17.03.2001
11. No. GSR-88-F5(8) AH/97 dated 19.08.2002 pub in Raj/ Rajpatra Part 3 (B) dated 27.08.02 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 3
1.Title, extent and commencement. (a) These rules may be called Rajasthan Fisheries Rules, 1958 .
(b)They shall come into force from the date of their publication in the Rajasthan Rajapatra.Gazette and shall be apply to all the waters in Rajasthan except 2
(xxx) private waters 3
(xxx)
2.Definitions:- In these rules the “Act” means the Rajasthan Fisheries Act, 1953 (No. XVI of 1953).
3.Issue of licence :- Licenses under the Act shall granted by the Fishery Officer in one of the forms annexed to these rules.
4.Fees :-Fees for licence under the Act shall be as follows:-
(1)Seasonal Fishery Licence (Form No. 1) 4
(xxx)
(2)Angling licence (form No. 2 Rod and line and Head line).:-
(a) For a year Rs. 300/-
(b) For a period of one month Rs. 50/-
(c) For one day Rs. 10/-
(3) In case of Licenses by 6 (auction/tender) (Form No.3) the fees shall be the amount at which the highest 7 (bid/ tender) has been accepted:
Provided that the Government may by notification in the official Gazette from time to time alter these fees.
8
5. (1)Procedure by inviting tender/ auction: -(a) By 15 th March of each year, a list of water in following categories on the basis of average revenue during the last three years shall be prepared by the Director of Fisheries.
Categ"A" Water fetching revenue of Rs. 5.00 lac 9 and above per annum.
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1. Subs. By No.1 [6.11.58]
2. Omitted by No. 3 [26.8.81] 4 Deleted By No. 5 & 6 dated 20.9.1990 & 19.6.1991.
5 Subs. by 11 [27.08.02] 6 Subs. by. No.3 [26.8.81] 7 Subs. by. No.3 [26.8.81] 8 Subs. by No. 5 & 6 dated 20.9.1990 & 19.6.1991] 9 Subs. by No.8 dated 20.3.97 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 4 Careg "B" Water fetching revenue of Rs. 50,000 and above but below Rs.
5.00 lac per annum.
(aa) 2 Fisheries Officer of districts shall prepare a list of waters of their region along with reserve price of the following category.
Categ."C"Water fetching revenue of Rs. 10,000 and above but below Rs.50,000 per annum.
Categ. "D" Water fetching revenue below Rs. 10,000 per annum.
3
(b)Prior to inviting tender/ auction in respect of water classified under different categories, the reserve price shall be estimated by the following committee:- For category ‘A’ Administrative Secretary to the Chairman Government, Fisheries Department Director, Fisheries Department Member Deputy Secretary, Fisheries Department Member Senior Most Accounts Officer, Directorate of Fisheries Member Secretary Category ‘B’ Director, Fisheries Department Chairman Deputy Secretary, Fisheries Department Member Regional deputy Director, Fisheries Member Senior most Accounts Officer, Directorate of Fisheries Member Secretary Category ‘C’ & ‘D’ Director of Fisheries Department Chairman Regional Deputy Director, Fisheries Member Senior Most Accounts Officer, Directorate of Fisheries Member Fisheries Officer of the Concerned district Member Secretary [Note: - For regions, where post of Regional Deputy Director Fisheries is not in existence, the Deputy Director, Fisheries posted at Directorate of Fisheries shall be member of the committee.]
The reserve price shall be made public. If the highest tender/ bid is lower up to 10% than the reserve price, the Director Fisheries may accept it.
If the offered highest tender/ bid is 10% to 25% lower than the reserve price, the same may be accepted with the approval of Administrative Department in the case of “A” and “B” category waters. In case of “C” and “D” category waters such tender or bid may be accepted by District Fisheries Officer with the approval of District Collector. If the offered tender/ bid is more than 25% lesser than the reserve price, the same may be accepted after approval of Finance Department in case of “A” and “B” category waters while in case of D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 5 “C” and “D” category waters such tender / bid may be accepted with approval of the District Collector.
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1.Subs. By No.11 [Dated 2 Jan 2003]
2.Subs. By No. 11 [Dated 2 Jan 2003]
3.Subs. By No. 11 [Dated 2 Jan 2003] D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 6 1
(c) Director, Fisheries in the case of „A‟ and „B‟ category water and Fisheries Officer of concerned district in the case of „C‟ and „D‟ category waters, should complete all the procedure for inviting tender/ auction for fishing rights as far as possible before expiry of previous lease period. Highest tender/ bidder shall have right of fishing only after confirmation of acceptance of his tender bid and issue of licence in the form No. 3 of 3A as the case may be, by Director, Fisheries in the case of „A‟ & „B‟ category waters and by Fisheries Officer of concerned district in the case of „C‟ & „D‟ category waters”.
Provided that :-
(a) In some special circumstances tender procedure can be adopted after 31 st March.
(b) Registered Fishermen Cooperative Societies if participate in the tender/ bid along with the other participants shall be eligible for 5% price preference.
(c) The Director, Fisheries or auction committee authorized for accepting tenders or conducting auction shall have the right to reject any tender/ bid offered without assigning any reasons.
2
(d) Specified waters of all category may be, by inviting tender/ open auction in accordance with the procedure already prescribed, leased out for a period of five years. The lessee will have to pay cumulative increasing amount of lease money each year, such increase will be 12 % of the previous year's lease money. Accordingly 1/4 th of the increased lease amount for coming year shall be deposited upto 31 st January of the current year and rest 3/4 th shall be deposited upto 15 March. [XXX] 3
(e) For the water leased out according to rule 5(1) (e), Procedure to lease out the same for next term may start in 5 th year.
4
(f) Tenders/ Bids shall be invited at the Directorate of Fisheries for the “A” and "B" category waters, while for “C” and “D” category of waters tender/ bids shall be invited at their respective District Head Quarters.
(g) Committees for tenders/ auction shall be constituted as under :- For ‘A’ & ‘B’ category waters.
Deputy Secretary, Fisheries Department Nominee of Director, Fisheries (not below the rank of Dy. Director) Senior Most Accounts Officer in Fisheries Department.
For ‘C’ & ‘D’ category waters.
Assistant Director Fisheries/ Fisheries Development Officer/ Fisheries Project Officer, as the case may be, in the district.
Nominee of District Collector.
Nominee of Director Fisheries.” ---------------
1.Subs. By No. 11 [Dated 22 Jan 2003]
2.Subs. By No. 11 [Dated 22 Jan 2003]
3.Subs. By No. 11 [Dated 22 Jan 2003]
4.Subs. By No. 11 [Dated 22 Jan 2003] [xxx]Subs. By. No.118 Dated 15.12.1999 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 7 1 [2] Water of “C” and “D” category suitable for fisheries production/ seed rearing may be allotted on approved terms and conditions for the period of 10 years to the Fish Farmers Development Agencies of the District which in the turn shall allot these waters as per terms and conditions in Form 3B to the trained fish farmers.
Provided that in case of waters of “C” category, the lease amount shall be average revenue of preceding 3 years with a 10% increase every year. In case of “D” class waters, FFDA shall charge Rs. 400/- per has, water area while agency shall pay Rs. 300/- per ha. As lease amount to the department, and use rest of the amount for development activities. The rates charges by FFDA shall be increased by 10% each year. Water of „C‟ category shall be assessed in the month of January by a committee of officers including.
(1) Executive Engineer, Irrigation or his nominee not below the rank of A.En.
(2) Chef Executive Officer of concerned FFDA
(3) Vikas Adhikari in case of Panchayat water.
3
(4) Treasury Officer/A.T.O.
In case of „D‟ Class water/ seasonal waters to be leased out for seed rearing, the water area shall be assessed in the month of July by the Committee of :-
(1) Chief Executive Officer of FFDA
(2) T.O./A.T.O.
(3) Fishering Development Officer.
(3) The State Government reserves the right for allotment of any water to the Tribal Area Development Cooperative Federation, Udaipur falling within its area of jurisdiction for the purpose of exploitation and management of fishery at the reserve Price or predetermined annual lease and on the approved terms and conditions specified by the State Government from time to time for a period of 5 years n the initial stage and thereafter on yearly renewal. However, the total period of such an allotment shall not exceed 25 years.
3( 4) Director, Fisheries shall have right to allot specified “C” and “D category waters in the vicinity of “A” and “B” category waters leased on long term basis to lessee of such waters for fish seed rearing on Predetermined reserve price. Fish Seed shall be reared in such “C” and “D” category water upto fingerling stage by the lessee and the such reared seed shall be stocked in “A” and “B” category waters belonging to the lessee.
These waters shall be leased out in accordance with the terms and conditions as specified in form No. 3 C appended to these rules.
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1.Subs. by No. 8 Dated 10.03.1997
2.Subs. by No.46 Dated 21.07.2001
3.Subs. by No. 8 Dated 10.03.1997 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 8 "(5) (i) Following procedure shall be followed for leasing out of the waters transferred to Panchyati Raj Institutions:-
(a) By 15th March of each year, a list of waters to be leased out, on the basis of average revenue during the last 3 years, shall be prepared by Chief Executive Officer of Zila Parishad for “B” category waters and by Vikas Adhikari of Panchyat Samiti for “C” and “D” category waters.
(b) Prior to invite tender or auction in respect of water classified under different categories, the reserve price shall be estimated by the following committee:-
(i) For Category “B” waters Chief Executive Officer, Zila Parishad - Chairman District. Fisheries Officer - Member Senior Most Accounts Officer Zila Parishad - Member Secretary
(ii) For Category “C” and ”D” waters Vikas Adhikari, Panchyat Samiti - Chairman District. Fisheries Officer or his nominee not below the rank of Fisheries Inspector.
- Member Senior Accounts Personnel of Panchyat Samiti - Member Secretary (c ) The reserve price determined by the committee shall be made public. If the highest tender/ bid is lower up to 10%, than the reserve price, the Chief Executive Officer/ Vikas Adhikari may accept it. If the offered highest tender/ bid is more than 10% lesser and up to 25% lower than the reserve price, the same may be accepted with the approval of Director Fisheries in case of “B” category waters and in case of “C” and “D” category waters such bids shall be accepted with the approval of District Collector. If the offered tender/ bid is more than 25% lesser than the reserve price, the same may be accepted with the approval of Secretary, Fisheries.
(d) The Chief Executive Officer in the case of “B” category waters and Vikas Adhikari in case of “C” and “D” category waters should complete, all the procedure for inviting tender/ auction for fishing rights as far as possible before expiry of previous lease period. Highest tender/ bidder shall have right of fishing D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 9 only after acceptance of his tender / bid and grant of license in the form No 3 A by Chief Executive officer in case of “B” category waters and by Vikas Adhikari in case of “C” and “D” category waters :
Provided that :-
(i) In some special circumstances, tender procedure can be adopted after 31st March.
(ii) Registered Fishermen Cooperative societies, if participate in the tender/bid along with the other participants, shall be eligible for 5% price preference.
(e) The Auction Committee constituted under clause (h) shall have right to reject any tender/ bid offered without assigning any reasons.
(f) All category of waters shall be leased out for a period of five years. The lessee shall have to pay cumulative increasing amount of lease money each year, such increase shall be 12% of the previous year’s lease money. Accordingly 1/4th of the increased lease amount for coming year shall be deposited up to 31st January of the current year and rest 3/4th shall be deposited up to 15th March.
(g) Tenders/Bids shall be invited at the Zila Parishad headquarters for the "B" category waters and Panchayat Samiti headquarter for C and D category waters.
(h) Committees for tenders/auction shall be constituted as under:-
(i) For “B” category waters Chief Executive Officer, Zila Parishad - Chairman District Fisheries Officer - Member Senior Most Accounts Officer of Zila Parishad - Member Secretary
(ii) For “C” and “D” category waters Vikas Adhikari, Panchyat Samiti - Chairman District Fisheries Officer or his nominee (Not below the rank of Fisheries Inspector) - Member Senior Most Accounts Personnel of Panchyat Samiti - Member Secretary D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 10
(ii) Not withstanding anything contained in sub-rule (1), waters of C and D category suitable for fish production and seed rearing, concerned Panchayati Raj Institutions may allot on approved terms and conditions for a period of ten years to Fish Farmers Development Agencies. The Fish Farmers Development Agency may further sub lease these waters as per terms and conditions in form No. 3-B to the trained fish farmers and preference shall be given to the members of Scheduled Castes, Scheduled Tribes, and Below Poverty Line families as per policy of the State Government.
(iii) In case of cancellation of license, the water body shall be leased out afresh following the procedures as prescribed under the rules.
1
6. Procedure of payment of fee and security money in case of licence of tender/ auction:- (1) The person whose tender/ bid has been accepted shall pay ¼ of the amount offered at the time of acceptance of his tender/ bid and shall deposit the rest of the amount within a period of one month from the date of acceptance of his tender/ bid failing which, the entire money deposited with the government including earnest money shall be forfeited and the same tendered / bidder shall be debarred from participating in auction/ submitting tender for a period of 2 years:
Provided that in case the lessee fails to deposit ¾ lease amount in the prescribed time, Director Fisheries and in case of waters transferred to Panchayati Raj Institutions, Chief Executive Officer of Zila Parishad or Vikas Adhikari of Panchayat Samiti as the case may be, can extend the period upto 15 days if he is satisfied on the reasons for delay subject to the payment of interest at the rate of 18% on the remaining amount and for further 15 days with a interest at the rate of 24%.
(2) The licensee shall deposit 7-1/2% of the total tender/ bid amount as Security money along with the second installment or at the time of taking the licence. The amount shall be refunded after the term of licence is over after deducting any dues or penalty if any imposed by the 2 Director Fisheries and in case of waters transferred to Panchayati Raj Institutions, Chief Executive Officer of Zila Parishad or Vikas Adhikari of Panchayat Samiti as the case may be, as a result of failure to comply with any of the terms and conditions of licence.
(3) For the water leased out, the lessee shall deposit the 1/4 th of the lease amount of subsequent year along with security amount before 31 st January and rest of the amount before 15 th March failing which the deposited amount alongwith security money shall be forfeited and the tendered /bidder shall be debarred from entering into fishing contract for a period of 2 years.
"Provided that in case the lessee fails to deposit 1/4 th lease amount in the prescribed period i.e. before 31 st January, the Director Fisheries and in case of waters transferred to Panchayati Raj Institutions, Chief Executive Officer of Zila Parishad or Vikas Adhikari of Panchayat Samiti as the case may be, can extend the period for 7 days with the condition that the lessee will pay interest @ of 18% per annum. In case the D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 11 lessee fails, to deposit the 3/4 th lease amount in the prescribed time i.e. before 15 th March, Director Fisheries and in case of waters transferred to Panchayati Raj Institutions, Chief Executive Officer of Zila Parishad or Vikas Adhikari of Panchayat Samiti as the case may be, can extend the period upto 15 days if he is satisfied on the reasons for delay subject to the payment of interest at the rate of 18% on the remaining amount and for further 15 days with a interest rate of 24%”.
(4) If the tenderer / bidder, to whom the water has been leased out, agrees to deposit the lease amount of entire lease period in single installment, then to calculate such lease amount procedure shall be adopted to deposit lease money of entire lease period on discounted value of the sum of the lease of first year.
4
7. Term of licence :- Licence granted under rule 5 shall remain in force from the date of the issue of licence to 31 st March each year including the closed season, declared by the State Government under Rajasthan Fisheries Rules, 1958.
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1.Subs. by No. 8 dated 10.03.1997
2.Subs. by No. 11 dated 22.03.2002
3.& 4- Subs. by No. 586 dated 20.09.1998 & 19.06.1991 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 12
8. Refund of Fees: The licence fee may be refunded to the licensee or his legal heir on the presentation of a claim for refund within one week from the date of issue of licence, if it provided to the satisfaction of the officer issuing the licence that the licencee was not availed of under special circumstances such is change of residence to a place where the licence can not be made use or the death of the licensee immediately after the licence was issued.
9. Loss of Licence: When the licence is lost or distroyed , the authority empowered to grant a duplicate copy of the original licence on payment of rupee one and thereupon, the original licence which is lost shall be considered as cancelled .
10. Condition of the Licence:
(1) A licensee shall be entitled to fishing personally or by his agent or nominee and shall be provided with written permits ( Form no.4) by the Fisheries Officer.
(2) The Fishery officer may from time to time as the need be supply to the licensee a sufficient no. of blank permits (From No. 4) fully assigned by him or any officer empowered by him in this behalf.
(3) A licensee by (auction/ tender)(From No.3) may use the following kinds of gears only for the purpose of fishing :-
(a) Nets of all kinds 2
(xxx) not having portion of the mesh less than 1-1/2 inches in sizes from knot to knot or 6 inches all round and a mesh of 1" size or 4" all round in the case of casts nets.
(b) Long line with hooks.
(c) rod and line.
(d) spear.
Provided that :-
(i) no gear except rod and line shall be used in river or stream within a distance of 200 yards of a bridge.
(ii) no net meant for prawn (jhingas) catching shall be used without the permission of the Fishery Officer.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 13
(4) (i) No licensee shall erect without the permission of the Fishery Officer may fixed engines except in the case of stake nets when they are temporarily fixed in water for use in conjunction with other nets.
1(ii)The licensee shall not catch any fish less than 500 grams in weight of species Rohu, Narain, Catla, Mahaseer, Sillver Carp and Grass Carp.
If caught should be immediately liberated alive in the water. However in case of emergency conditions, such as drying up of water or the water level going down endangering the fish life or infection of some disease, the Director Fisheries can grant special permission for catching the fish of less than 500 grams of the above mentioned species, in case of "B","C" & "D" category waters. In case of waters allotted to farmers such permission will be granted by officer's of the Department authorised by the Director Fisheries for this purpose, after seeking the factual report regarding water level from Irrigation Department.
(iii)The licensee except the holder of an Angling licence shall maintain regular account of each and every catch, which shall always be open for check without notice by the Fishery Officer or any person authorised in writing by the Director of Fisheries. He shall be bound to send forthighly copies of such account under registered cover in Form No.5.
(iv)the licensee or his agent or nominee shall report to the nearest fisheries station or office whenever any remarkable feature of scientific or economical importance is noticed by him.
(v) the licensee shall not fish in religious waters or places or bathing ghats.
(vi)the licensee shall always transport fish under cover so as not to rouse public sentiment.
(vii)the licensee shall not use state property or interfere with material or tackle belonging to the State.
(viii)the licensee shall not erect any hut or shed or any other structure or any embankment etc. except under special orders or of Fishery Officer.
(ix)On demand the licensee or his agent shall show his licence or permit to any person empowered to arrest without warrant under section 9 of the Act.
2
(x)The licensee or his agent shall not dry the fish.
(xi)The licesee or his agent shall not stock water with exotic magur (clarius gariepineus) or big head (hypophthalomichthys nobilis) fishes.
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1.Subs. by No. 11 dated 22.01.2003
2.Added by No. 5 & 6 dated 20.9.90 & 19.6.1991 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 14 1
11.Close season: The period from 16 th June to 31 st August in each year shall be closed season during which no fishing shall be allowed:
Provided that the State Government may be a notification published in the official Gazette reduce the period of closed season for any part of Rajasthan, in any year.
12. Seizure, removal and forfeiture in official enquiries. Any fixed engine created or used in contravention of the provision of rule 10 sub-rule 4(1) may be scized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Govt. in this behalf, and it shall be liable by the order of the fishery Officer or the licensing authority concerned to forfeiture.
13.Forteiture of apparatuses used in contravention of these rules. All apparatus created or used for fishing in contravention of these rules may be seized, taken and removed to the nearest police station of the fisheries office by any person empowered under section 9 of the Rajasthan Fisheries Act.
1953, and all apparatus and the fish caught shall be forfeited on convention of the offender in addition to any punishment awarded under the Act.
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and sale proceeds thereof dealt with in accordance with the procedure laid down for all receipts under head 2 [appropriate receipt head of Fisheries] subject to any orders by the Government.
14.Cancellation of a licence : If any licensee or his agent breaks any of the conditions of the licence the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount already paid by the licensee shall not be refunded to him.
15.Fishing by the Department for scientific purpose : Nothing in these rules shall prevent the officers and staff of the Fisheries Department in catching fish of any species and size and in any water at any time and by any means for scientific purpose.
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16.Prohibition on the sale/ purchase of fish less than 500 grams:
Purchase and sale of fish like Catla. Mahaseer, Rohu, Mrigal, Grass Carp and Silver Carp less than 500 grams in weight is prohibited. However this prohibition will not be applicable on the fish caught after obtaining permission from the competent authority as mentioned in rule 10(4)(ii).
Explanation: The aforesaid regulation does not include the fishes sold alive for the purpose of stocking in the tanks. The fish so found being sold shall be seized by the fisheries officer empowered in the Section '9' of Rajasthan Fisheries Act, 1953 and shall be destroyed in his presence or shall be handed over to local zoo authorities, if existing in the town by the Fisheries Officer with the permission of the I st class magistrate.
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1.Subs. by No. 4 dated 11.12.1981
2.Subs. by No. 3 dated 26.08.1997
3.Subs. by No. 11 dated 22.01.2003 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 15
17. Interpretation: If any doubt arises relating to application and interpretation of these rules it shall be referred to the State Government and the interpretation of the State Government, thereon, shall be final.
18. Removal of Difficulties: If any difficulty arises in implementation of these rules it shall be referred to the State Government whose decision, thereon, shall be final.
1.Subs. by Notification dated 24.12.2010 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 16 FORM No.1.
Seasonal Fishing Licence.
1. Book No.............
2. License No.........
3. Class Dragnet/castnet......
4. Date of payment of fee....
5. Fee Paid....................
6. Date of issue of licence....
7. Period for which issued....
8. Name of the licensee......S/o.....
9. Resident of .........
10. Identification mark of the licensee....
11. Licensee's Age.....
Permission is hereby granted to the licensee to fish in the waters specified below from the date of issue up to the ........20 subject to the conditions laid down under [ the Rajasthan Fisheries Rules, 1958] Waters.......... District........
Rs................. Fishery Officer Conditions under this licence us issued:-
1. The licensee may fish with nets of all kinds (except phalsa) provided that no net shall have at any portion of it a mesh of less than 1 ½" in size from know to knot of 6" all round except for casting nets where the size of mesh may be up to 4" or 1" from knot to knot.
2. Erection of clams or weirs, diversion of water, use of fixed engines (except stake nets) when they are temporarily in water for use in conjunction with other nets, explosive substances, poison, lime or other noxious material are prohibited. No stake net as such and phalsa in any case should be used without the permission of the licensing authority.
3. This licence must be produced on demand by any person authorised to demand it.
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1.Subs. by No. 1 dated 6.11.1958 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 17 FORM NO. 2
1. Distcit.............
2. Period for which issued.............
3. Date of payment of fee.............
4. Fees paid Rs..........
5. Name and address of the licensee..........
Permission is hereby granted to the licensee to fish in the water specified below from the date of issue of this licence subject to the conditions laid down under [the Rajasthan Fisheries Rules, 1958] Water..............................................................................................................................
........................................................................................................................................
..........
Conditions under which the licence is issued:-
1. Licensee may fish with:-
(a) Rod and line, hand line and long line only and can use not more than two rods or two lines or one rod and one line at a time. The line should not contain more than 10 hooks.
2. The licensee shall not employee or engage any person [other than his own childern under the age of 16 to help him with his rods unless the person so employed is also licence holder.
______ D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 18 FORM NO.3 Fishing Licence (Rule No.5) No...........
This indenture made this........day of.... 20 between the Governor of Rajasthan (hereinafter referred to as "the Government, which expressions shall where the context so admits be deemed to include his successors and assigns) of the one part and .............son of ..................caste.................age............occupation resident of...................(hereinafter referred to as the licensee which expression shall, where the context so admits, be deemed to include his heirs, executors, administrators and permitted assigns) of the other part.
Whereas upon an auction of the fishing in the waters described in the schedule annexed hereunder (hereinafter described as the said waters) the boundaries of which were shown to the licensee, the licensee gave the highest bid of Rs.......as fee, which was accepted by the [Director of Fisheries], Rajasthan and the licensee has paid the said amount i.e. .........on ........and Rs..........on ..........and the Government have agreed to grant the said licensee a licence on the consideration and conditions hereafter appearing.
Now these presents witness: - In consideration of these fees paid by the licensee as afore mentioned and agreements hereafter contained and on the part of the licensee to be observed and performed, the Government hereby grants to the licensee this licence to enter in and upon the said waters, to search for, catch and carry fish upon the following conditions namely: -
(1) The licensee shall observe all the provisions of Rules and regulation of Fisheries Department, and agrees to carry out duly all instructions not inconsistent with these presents of the said department.
(2) No application from the contractor shall be entertained regarding the rise of fall in level of the water of the place auctioned as compared to its position at the time of auctioning nor can be claim compensation.
(3) The licensee shall take reasonable precautions to protect Government property in the area under his possession.
(4) The security money shall be realised from the licensee as per Rule No.
6(b) of [the Rajasthan Fisheries Rules, 1958].
(5) The licensee has no right to take out anything else than the fish from the water auctioned to him, e.g. prawns, crocodiles etc.
1
(6)Licence granted by inviting tenders/ auction shall remain in force from the date of issue upto 31 st March each year].
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 19
(7) When the licence is lost or destroyed, the authority granting this licence may grant another licence which shall be a duplicate copy of the original on payment of a fee of ruppee one.The original licence which is lost shall be considdered as cancelled.
(8) A licensee shall be entitled to fish personally or by his agent or nominee and shall be provided with blank written permits by the Fishery Officer.
(9) A licensee may use the following kinds of gear only for the purpose of fishing : -
(a) Nets of all kinds (xxx) not having any portion of a net less than 1, ½ inches in size from knot to knot to 6 inches all round and a mesh of 1" size or 4" all round the case of cast nets.
(b) Long line with books nets.
(c) Rod and line
(d) Spear
Provided that :- i. No net for prawn (jhingas) catching shall be used without the permission of the Fishery Officer.
ii No gear except rod and line shall be used in river or stream within a distance of 200 yards of bridge
(10) No licensee shall be entitled to erect any fixed engines except in the case of stake nets when temporarily fixed in water for use in conjunction with dragnets.
(11) Licensee shall not catch any fish less than 500 grams in weight of species, Rohu, Narain, Catcla, Mahaseer, Silver Carp and Cross Carp, if caught should be immediately liberated alive into the water.
(12) The licensee shall maintain regular account of catch and every catch which shall always be open for check without notice by the Fishery Officer or any body authorized in writing by the [Directore of Fisheries]. He shall be bound to send fortnightly copies of such account under registered cover in form No. 5.
(13) The lecensee or his agent or nominee shall report to the nearest fisheries station or officer wherever any remarkable feature of scientific or economic importance is noticed by him.
(14) The licensee shall not fish in religious waters or places of bathing ghats.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 20
(15) The licensee shall always transport fish under cover so as not to rouse public sentiment.
(16) The licensee shall not use state property or interfere with material or tackle belonging to the State.
(17) The licensee shall not erect any hut or shed or any other structure or any embankment etc. except under special orders of the Fishery Officer.
(18) On demand the licensee is bound to show his licence or permit.
(19) Any fixed engine erected or used in contravention of the provisions of [the Rajasthan Fisheries Rules, 1958] may be seized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf, and it shall be liable by the order of the Fishery Officer or the licensing authority concerned to forfeiture.
(20) All apparatus created on used for fishing in contravention of these conditions may be seized, taken and removed to the nearest police station or Fisheries Office by any person empowered under section 9 of the Rajasthan Fisheries Act. 1953 and all such apparatus and the fish caught shall be forfeited on conviction of the offender:
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipt under 2 (appropriate receipt head of Fisheries) subject to any order by the Court.
(21) If the licensee or his agent commits breach of any of the conditions of this licence, the Fishery Officer may cancel the licence or permit.
On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount already paid by the licensee shall not be refunded to him.
(22) Nothing in this licence shall prevent the officers and staff of the Fisheries Department in catching fish of any species and size in the said in the said waters at any time and by any time and by any means for scientific purposes.
(23) The Licensee or his agent shall not dry the fish.
(24) In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 21 Signature by the licensee Signed for and on behalf of the Governor of Rajasthan Signature............. Signature...........
Designation............
Witness :- Witness :-
(1).............. (1)..........
(2).............. (2)...........
------------ D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 22 2 [FORM No. 3-A Fishing Licence [Rule No. 5(1)(c)] No................
This Indenture made this.......... day of 19 between the Governor of Rajasthan ( hereinafter referred to as "The Government ",which expressions shall where the context so admits be deemed to include his heirs executors administrations and permitted assigns) of the one part and ......................... son of ................. caste ............ age ......... occupation ................... resident of .................................. / or a Fisheries Co-operative Society registered under..............Act......... year.......... and having its registered office at............(hereinafter referred to as the licensee which expression shall, where the context so admits, be deemed to include his heirs executors administrations and permitted assigns) of the other part.
WITNESSES AS FOLLOWS:
The "GOVERNMENT" hereby grants to the "LICENSEE" the rights and liberty to undertake fish culture in the Tank/pond/other water area known as...............(hereinafter referred to as "THE SAID TANK") situated in the village................... Tehsil............ District.............and to develop exploit and remove the fish contained therein by adopting appropriate techniques, for a period of...........year from............. day............month...........year to the end of ............day..........month and........... year subject to the following conditions:
(1)1 The licence shall pay to the Government for exercising the said rights, cumulatively increasing amounts of lease money taking into account the increase factor of 12.5%, 15%,17.5% and 15% at the end of Ist, 2nd year in case of "A" category water. Hence the licensee shall pay a sum of Rs......for the first year of lease period and Rs......... for the 2nd year of lease period and Rs........for third year of lease period and Rs................for the fourth year of lease period and Rs.......... for the fifth year of the lease period. The prescribed annual lease money will have to be paid with in one month from the acceptance of his tender/ bid in the first year, while the annual lease amount for the 2nd, 3rd, 4th and 5th year, as the case may be will be paid in two instalments. First installment i.e. One fourth of lease amount of coming year shall be deposited on or before 31st January, of current year while Second Installment i.e. three fourth amount shall be deposited on or before 15th march of the first, second, third and fourth year on the lease period as the case may be".
At the end of the lease period in case of conditions in agreement are not fulfilled, the Fisheries rights shall stand reverted to the Government."
(2) The "LESSEE" agrees to develop the fisheries of the said tank within time and in the manner specified by the "GOVERNMENT" as under:-
1. Repairs and renovation of tanks:
---------------
1.Subs. by No. 8 dated 11.04.1997 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 23
12. Stocking the leased water with (except river) with fish seed of Indian Major Carp every year. The rate of stocking of fish seed will be as prescribed by Director of Fisheries Department.
3. Management of tank which shall include manuring: corrective measures to tone-up the plankton productivity: and eradication of weeds, and unwanted fishes, etc.
(3) The licensee shall observe all the provisions of Rules and Regulations of Fisheries Department , and agrees to carry out duly all instructions not inconsistent with these presents of the said department.
(4) No application from the contractor shall be entertained regarding the rise or fall in level of the water of the place auctioned as compared to its position at the time of auctioning not can be claim compensation.
(5) The licensee shall take reasonable precautions to protect Government property in the area under his possession.
(6) The security money shall be realised from the licensee as per Rule No.
6(b) of the Rajasthan Fisheries Rules, 1958.
2(7) The licensee has no right to take out anything else than the fish from the water auctioned to him. e.g. prawns, crocodiles and other protected aquatic animals.
3
(8) Licence granted by inviting tenders/ auction shall remain in force from the date of issue of licence to 31 st March, each year].
(9) When the licence is lost or destroyed, the authority granting this licence may grant another licence which shall be duplicate copy of the original on payment of a fee of rupee one. The original licence which is lost shall be considered as cancelled.
(10) A licensee shall be entitled to fish personally or by his agent or nominee and shall be provided with blank written permits by the Fishery Officer.
(11) A licensee may use the following kinds or gear only for the purpose of fishing:-
(a) Nets of all kinds not having any portion of net less than 1 ½"inches in size from know to know to 6 inches all round and a mesh of 2" size or 4" all round the case of cast nets.
(b) Long line with hooks.
(c) Rod and line.
(d) Spear.
-----------
1.Subs. by No. 11 dated 22.01.2003
2.Subs. by No. 8 dated 11.04.1997
3.Subs. by No.5&6dated 20.09.90& 19.6.91 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 24
Provided that :-
(i) No net for prawn (jhingas) catching shall be used without the permission of the Fishery .
(ii) No gear except rod and line shall be used in river or stream within a distance of 200 yards of bridge.
(12) No licensee shall be entitled to create any fixed engines except in the case of stake nets when temporarily fixed in water for use in conjunction with dragnets.
1
(13) The licensee shall not catch any fish less than 500 grams in weight of species namely Rohu, Narain, Catla, Mahaseer, Silver Carp and Grass Carp, if caught should be immediately liberated alive into the water.
(14) The licensee shall maintain regular account of catch and every catch which shall always be open for check without notice by the Fishery Officer or any body authorised in writing by the [Director of Fisheries]. He shall be bound to send fortnightly copies of such account under registered cover in form No.5.
(15) The licensee or his agent or nominee shall report to the nearest fisheries station or officer wherever any remarkable feature of scientific or economic importance is notice by him.
(16) The licensee shall always transport fish under cover so as not to rouse public sentiment.
(17) The licensee shall not fish in religious waters or places or bathing ghats.
(18) The licensee shall not use state property or interfere with material or tackle belonging to the state.
(19) The licensee shall not erect any hut or shed or any other structure or any embankment etc. except under special orders of the Fishery Officer.
(20) On demand the licensee is bound to show his licence or permit.
(21) Any fixed engine erected or used in contravention of the provisions of the Rajasthan Fisheries Rules, 1958 may be seized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf, and it shall be liable by the order of the Fishery Officer or the licensing authority concerned, to forfeiture.
------------
1.Subs. by No. 5 & 6 dated 20.09.1990 & 19.6.1991 D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 25
(22) All apparatus erected or used for fishing in contravention of these conditions may be scized, taken and removed to the nearest police station or Fishery Office by any person empowered under section 9 of the Rajasthan Fisheries Act.,1953 and shall such apparatus and the fish caught shall be foreited on conviction of the offender:
Provided that the seized fish which is subject to speeedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipt under 1 [appropriate receipt head of Fisheries] subject to any order by the Court.
(23) If the licensee or his agent commits breach of any of the conditions of this licence, the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount paid by the licensee shall not be refunded to him.
(24) Nothing in this licence shall prevent the officers and staff of the Fisheries Department in catching fish of any species and size in the said waters at any time and by any means for scientific purposes.
2
(25) The licensee or his agent shall not dry the fish.
(26) The licensee or his agent shall not stock the water with exotic magur (clarius gariepineus) or big head (Hypophthalmichthys nobilis) fishes.
In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.
Signture of the licensee Signed for and on behalf of the Governor of Rajasthan Signature.......... Signature.................
Designation.............
----------------------------------------------------
1.Subs by No.3 (26.8.81) 2 Added by No.5&6 dated 20.9.1990 & 19.6.1991.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 26 FORM NO.3 –B Agreement Form between the Fish Farmer and the Fish Farmers Development Agnecy.
[Rule 5 (2)] This agreement made on............... day of.................... between the Fish Farmers Development Agency................. represented by its Chief Executive Officer (hereinafter referred to as the Agency, which expression shall unless the context otherwise admit, shall include a successive organisation, administrator, executors or any person entrusted with the work by the Government) of one part and Shri.......................................................s/o.........................................caste..............
....age........resident of ......................................................................(referred to as the fish farmer, which expression shall, unless the context otherwise admits includes his heirs, executors and administrators), or the fish farmers cooperative society registered under............. Act (year) and having its registered office at........... (herein referred to as "Lessee" which expression shall, unless the context otherwise admits incldes his successors of the second part).
Withness – as is as follows:-
(i)The "Agency" hereby grants to the Lessee, the rights and liberty to undertakes fish culture in the Tank/ Pond/ other water areas known as...........(hereinafter referred to as "The said Tank") situated in /near the village .......Tehsil..........District...........to exploit, and remove the fishes contained therein by adopting appropriate techniques, for a period of ............years from....... day......... of month........ year together with the right to enter on and repass over such portions of the Government land round the said Tank as well be reasonably necessary for the adequate exercise of the right and liberty aforesaid, subject to the following conditions :- 1
(1) The lessee shall pay to the Agency for exercising the said rights, a sum of Rs. 400/- per ha. water, The first annual lease amount shall be paid before the execution of this lease agreement and annual instalment for subsequent years shall be paid on or before 7 th may every year with 10% increase on the initial lease amount.
At the end of the lease period or earlier in case the conditions in the agreement are not fulfilled, fisheries right shall stand reverted to the Agency.
(2) The "Lessee" agrees to develop the fisheries of said Tank within the time, and in the manner specified below by the Agency :-
2.1 Improvements to the said Tank.
2.2 Specified schedule of manuring, stocking with seed of cultivable species, and feeding the fish.
2.3 Checking plankton intensity, and growth of fish.
2.4 General corrective measures necessary to tone-up plankton production, eradication of weeds and parasites.
2.5 Timely purchase of required Number of fish seed of D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 27 cultivable species from the Agency.
(3) The "Lessee" shall obtain fish seed of cultivable species in whatever combination on the prescribed price from the Agency.
(4) No request from the Lessee shall be entertained regarding the rise, or fall in the level of the said Tank. The Lessee shall not prevent any person/ concern department entitled to use the water from the Tank either for drinking purpose or Irrigation purpose.
(5) The Lessee shall take reasonable precautions to protect the said Tank including its banks, fences, hedges, trees, or other Government property, and agrees to give such compensation to the Agency as may be determined by him in respect of any damages which may be caused to the said Tank. Provided that decision of the Agency regarding such damage shall be final.
(6) The lessee shall not open or shut any sluice belonging to the said Tank whether for the exercise of the fishing rights or privilege for fishing or for any purpose whatsoever without the permission of Agency.
(7) The lessee has not right to take out anything else than the fish from the said Tank leased to him.
1
(8) The lease year for the purposes of harvesting of fish shall be from the date of issue of licence to 31 st Match, every year.
(9) When the licence is lost or destroyed, the Agency may agree to grant another licence which shall be a duplicate of the original on payment of Re. 1/-. The original licence which is lost or destroyed shall be considered as cancelled.
(10) The Lessee shall be entitled to fish personally or to issue permits to those who fish for and on his behalf in the said Tank and not to allow or permit any other person to do fishing in the said Tank.
(11) The Lessee agreed to avail of the facilities for conducting fishing provided by the Agency subject to the terms and conditions, as may be stlipulated in this regard. If for no reason the facilities cannot be provided by the Agency the Lessee agrees to make his own arangement for fishing.
(12) The Lessee may use the following kinds of gear only for the purpose of fishing :- -------------
1.Subs. by No. 5 & 6 dated 20.09.1990 & 19.6.1991
(a) Nets of all kinds not having any portion of net less in one and D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 28 half inches in size from know to know to make six inches all round and mesh of three inches size.
(b) Long line with hooks.
(c) Rod and line"provided that no net for prawn (Jhingas) catching shall be used without permission of the Agency.
(13) The Lessee shall not be entitled to erect in fixed engine except in the case of stakenets when temporarily fixed in water for use in conjuction with dragnets.
2
(14) The lessee shall not catch any fish less than 500 grams in weight of the following cultivable species, Rohu, Catla, Mirgla, Silvercarp, Grass Carp, Common Carp and Mahaseer. If caught, should be immediately liberated alive in the water.
(15) The Lessee shall maintain regular account of catch and every catch which shall always be open for check without notice by the Agency or any body authorised in writing by the Agency. He shall be bound to send fortnightly copies of such account in prescribed form under registered cover to the Agency.
(16) The Lessee shall report to the Agency wherever any remarkable feature of scientific or economic importance is noticed by him.
(17) The Lessee shall always transport fish under cover so as not to rouse public sentiment.
(18) The Lessee shall not use State property or interfere with material or tackle belonging to the State.
(19) The Lessee shall not create any permanent structure on the Tank/Ponds or in the vicinity of Tank/Ponds however he may be permitted to put such temporary structures for supervision of fish culture activities, as approved by the Agency provided the agrees to remove all such structures within fifteen days of the expiry of the lease.
(20) On demand the leasee is bound to show his licence or permit.
---------------------
1.Subs. by No. 5 & 6 dated 20.09.1990 & 19.6.1991
(21) The Lessee shall not discharge or permit the discharge into the said Tank of any solid or fluid of a poisonous nature or contaminated or polluted water which may destroy, sicken or injure the fish, cattle, or other animals or humans, who may use the water for drinking or other purpose.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 29
(22) The Lessee agrees to any arrangement introduced by Irrigation or any other State Government's Department for the release or regulation of water supply for Irrigation purposes or to regulate operation of fishing nets or sluiees in order to prevent damage of the said Tank.
(23) Any fixed engine erected or used in contravention of the provisions of the Rajasthan Fisheries Rules, 1958 may be seized or removed by the Agency or by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf and it shall be liable by the order the Fishery officer or the licensing authority concerned to forfeiture.
(24) All apparatus created or used for fishing in contravention of these conditions may be seized taken and removed to the nearest police station or Fishery Office or the Agency Office, by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the Fish caught shall be forfeited on conviction of the offender.
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fishery Officer and the sale proceeds thereof dealt with in accordance with the procedure laid down for all receipts under the relevant head of the Agency subject to any order by the Court.
(25) The Lessee agrees to observe all the provisions of Rajasthan Fisheries Rules 1958 made under Rajasthan Fisheries Act, 1953.
(26) If the licensee or his agent commits breach of any of the conditions of this licence, the Fishery Officer may cancel the licence or permit. On the cancellation of the licence all permits issued along with it shall also be considered as cancelled and the amount paid by the licensee shall not be refunded to him.
(27) Nothing in this licence shall prevent the officers and staff of the Fisheries Department in catching fish of any species and size in the said waters at any time and by any means for scientific purposes.
(28) Lessee shall not claim any compensation for any losses due to natural causes, defective methods adopted for fisheries development or due to theft of fish or any other reasons whatsoever.
(29) The licensee or his agent shall not dry the fish.
(30) The licensee or his agent shall not stock the water with exotic magur (clarius gariepineus) or big head (Hypophthalmichthys nobilis) fishes.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 30 In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.
Signed by the lessee Signed for and on behalf of the Agency Signature----------- Signature--------------- Designation----------- ---------------------------- D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 31 1FORM NO.3 (C) LICENCE [Rule No. 5 (4)] This Indenture made this................. day of..............199....between the Governor of Rajasthan (hereinafter referred to as "the Government" which expression shall where the context to admits be deemed to include his successors and designs) of the one part of and ---------------son---------------of Shri ------------ --------------Caste------------age---------occupation------------------------resident of a Fisheries Cooperative Society, resident of -----------------/or a Fisheries Cooperative Society, registered under-------Act--------- year---------- and having its registered office at -------------(hereinafter referred to as the licence which expressed on shall, where the context so admits be deemed to include his heirs, executors administrators and permitted assigns) on the other part.
The "Government" hereby granted to the "LICENSEE" the right and liverty to undertake fish seed rearing in the Tank/ Ponds/ other water area known as-------- ------(hereinafter referred to as "THE SAID TANK') situated in the Village------- -----Tehsil--------District------- and to develop fish seed upto fingerling stage to stock the fish fingerling in the "A" & "B" category waters of the licensee herein by adopting appropriate techniques, for a period of ------------------ years from---- ----day------month-------YEARS to end of -------- day------- moth and ------------ year, subject to the following conditions :-
1. "The Licensee shall pay to the Government for exercising the said rights, comulitatively increasing amounts of lease money taking into account the increase factor of 12.5%, 15%, 17.5% and 20% at the end of 1 st , 2 nd , 3 rd and 4 th year respectively. Hence the licensee shall pay a sum of Rs.------- for the first year of lease period and Rs.-------for the second year and Rs.--------- for the third year and Rs.------ for the fourth year and Rs.----- for the fifth year.
The prescribed annual lease money will have to be paid within one month from the allotment of the said tank in the first year while by the annual lease amount for the second, third, fourth and fifth year will be paid to the Government in advance on or before 15 th March of every year.
At the end of lease period or earlier in case of condition in agreement are not fulfilled, the fisheries rights shall stand reverted to the Government.
-------------
1.Subs. by No. 8 dated 11.4.1997
2. The licensee agree to utilize the said tank only for the purpose of rearing fish seed upto fingerling stage. which shall be stocked letter in the tank names -------- given on long lease to him. The said tank will be allotted any purpose other than fish seen rearing.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 32
3. The licensee shall observe all the provisions of the rules and regulations of the Fisheries department.
4. No applications from the contractor shall be entertained regarding the raise or fail on level of said the water of the place allotted as compared to its position at time of auctioning nor can claim compensation.
5. The licensee shall take reasonable precautions to protect government property in the area under his possession.
6. The security money shall be release from the licensee as per Rule No. 6(2) of the Rajasthan Fisheries Rules.
7. The licensee has no right to takeout anything else than the fish fingerling from the said water allotted to him e.g. crocodiles, turtle and other protected aquatic animals.
8. Licensee granted shall remain in force from the date of issue of licence to 31 st March of each year.
9. When is licensee is lost or destroyed, the authority granting this licence may grant another licence. Which shall be a duplicate copy of the original on payment of a fees of Rs. 1/- the original licence which is lost shall be considered as cancelled.
10. A licensee shall be entitled to rear and stock the fish seed personally or by his agent or nominee and shall be provided with blank written permits by the Fisheries Officer.
11. The licensee may use the nets of suitable mesh size to harvest the fish seed. However, the harvesting of fish seed will be done after obtaining permission of the Fisheries Officer of the Fisheries Department of the district the seed will be harvested in the presence of an official of fisheries department not below the rank of Inspector.
The fish seed thus harvested shall be stocked in live condition.
12. The licensee shall not be entitled to erect any fixed engines except in the case of stake nets when temporarily fixed in water for use in conjunction with fingerlings collection net.
13. The licensee shall maintain regular account of fish seed stocked with shall always be open for check without notice by the Fishery Officer or any body authorized in writing by the Director of Fisheries. He shall be bound to age fortnightly copies of such account under registered cover.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 33
14. The licensee or his agent or nominee shall report to the nearest fisheries officer or officer where-even any remarkable feature of scientific or economic importance is noticed by him.
15. The licensee shall always transport alive fish seed.
16. The licensee shall not use state property or interfere with material on hackle belonging to the state.
17. The licensee shall not erect any hut or shed or any other structure on any embankment etc. except under special orders of the Fishery Officer.
18. On demand the licensee is bound to show his licence or permit.
19. Any fixed Engine erected or used in contravention of the provisions of The Rajasthan Fisheries Rules, 1958, 1981, and 1991 may seized or removed by the Fishery Officer or any person specially empowered by name or by virtue of his office by the Government in this behalf and it shall be liable by the order the Fishery officer or the licension authority concerned to forefeiture.
20. All apparatus erected or used for fishing in contravention of these conditions may be seized, taken and removed to the nearest police station or Flisheries office by any person empowered under section 9 of the Rajasthan Fisheries Act, 1953 and all such apparatus and the fish caught shall be forfeited on convection of the offender.
Provided that the seized fish which is subject to speedy and natural decay may be sold by open bids by the Fisheries Officer and the same proceeds there of deals in accordance with the procedure laid down for all receipts under appropriate receipt head of fisheries subject to any orders by the court.
21.. If the licensee or his agent commits breach of any of the conditions of this licence The Fisheries Officer may cancel the licence or permit. On the cancellation of the licence all permit issued along with it shall also be considered as cancelled and the amount already paid by the licensee shall not be refunded.
22. Nothing in this licence shall prevent the officers and staff of the Fisheries department in catching fish of any species and size in said waters at any time and by any means or scientific purpose.
23. The licensee or his agent shall not dry the fish.
24. The licensee or his agent shall not stock the water with exotic magur (clarius gariepineus) or big head (Hypophthalmichthys nobilis) fishes.
D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 34 In witness where of these present have been executed in the manner here under appearing the day and year first above written.
Signed for and on behalf of the Government of Rajasthan, DIRECTOR, DEPARTMENT OF FISHERIES, RAJASTHAN, JAIPUR/.
Signed by the Licensee:
SIGNATURE --------- D:\1Projects\Fisheries\Rajasthan Fisheries Rules,1958.doc 35 FORM NO 4 Permit Name------------ The Fishing permit is valid for ------------ only and is granted under Licence No -------------- dated --------------- for the period from ---- to -----.
This shall be cancelled along with the above licence, or earlier under the orders of the authority issuing.
Issuing Authority ----------------- FORM NO 5 Catch Statement
1.Name of the Contractor---------
2.Licence No.------------
3.Name of water----------
4.District---------
5.Area------------- S.No Date Details of Species Weight in kg. Remarks 1 2 3 4 5 Signature of Contractor Note :- In Col. No 3 the names of species like Rohu, Narain, Catla, Mahaseer, Lanchi, Singara, Sanwal etc. shall have to be indicated separately.
-----------------------------
1.Added by No. 5 & 6 dated 20.9.1990 & 19.6.1991.
2.Subs by No. 3 [26.8.81]