(1) This Act may be called the West Bengal Inland Fisheries Act,
1984.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint, and different dates may be appointed for different provisions of this Act.
Short title, extent and commencement.
2. In this Act, unless there is anything repugnant in the subject or Definitions.
context,—
(i) "company" means a domestic company or a foreign company.
Explanation I.—"Domestic company" means a company 1 of 1956. formed and registered under the Companies Act, 1956, and includes a company formed and registered under any law relating to companies formerly in force in any part of India:
177 The West Bengal Inland Fisheries Act, 1984.
[West Ben. Act (Chapter I.—Preliminary.—Section 2.)
Provided that the registered office of the company is in India.
Explanation H.—"Foreign company" means a foreign company within the meaning of section 591 of the Companies Act, 1956, and includes any foreign association, 1 of 1956.
whether incorporated or not, which the Central Government may, by general or special order, declare to be a foreign company for the purposes of this Act;
(ii) "competent authority" means any person or authority authorised by the State Government by notification to perform the functions of the competent authority under this Act;
(iii) "firm" has the same meaning as in the Indian Partnership 9 of 1932.
Act, 1932;
(iv) "fish" includes aquatic plants and animals in any stage of their life cycle;
(v) "fisherman" means a person who is by caste or by profession a fisherman and is mainly engaged in culture or capture of fish;
• (vi) "fishery" means any activity or occupation connected with conservation, development, propagation, protection, exploitation or disposal of fish and fish products, or any place or water area where such activity or occupation is carried on, and includes a tank fishery.
Explanation.—"Tank fishery" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953;
(vii) "fixed engine" includes a net, cage, fishing-fence, anchor, trap or contrivance for taking fish, fixed in the soil or made stationary in any other way;
(viii) "Hindu undivided family" has the same meaning as in the Bengal Agricultural Income-tax Act, 1944;
(ix) "multi-ownership tank" means a reservoir for water, held by two or more persons by way of ownership, lease, mortgage or otherwise;
(x) "notification" means a notification published in the Official Gazette;
(xi) "person" includes a Hindu undivided family, company, firm, institution (by whatever name called), fish production group, Gram Panchayat, Panchayat Samiti, Zilla Parishad, co-operative society or other association of persons;
West Ben.
Act I of
1954.
Ben. Act IV of 1944.
178 The West Bengal Inland Fisheries Act, 1984.
XXV of 1984.]
(Chapter 11.—Conservation and propagation.—Sections 3-6.)
(xiii) "public purpose" means any purpose having, or being connected with, any of the following objects:—
(a) the improvement or development of fishery,
(b) the supply of fish to consumers from fishery,
(c) any other object ancillary or incidental to the object referred to in sub-clause (a) or sub-clause (b).
CHAPTER II Conservation and propagation