AnneX- I:
Registered No. WB/SC-247 No. 155(I) The Calcutta Gazette Extraordinary Published by Authority VAISAKHA (16) Monday, May 6, 1985 (SAKA 1907)
PART - I : Orders and notification by the Governor of West-Bengal, the High Court, Government Treasury, etc.
GOVERNMENT OF WEST BENGAL FISHERIES DEPARTMENT NOTIFICATION NO. 1979-Fish/C-I/29th April 1985. In exercise of the Sower conferred by section 19 of the West Bengal Inland Fisheries Act, 1984 (West Ben. Act XXV of 1984). the Governor is pleased to make the following rules, namely :
THE WEST BEANGAL INLAND FISHERIES RULES, 1 '-185
CHAPTER - I General
1. Short Titles : These rules may be called the \Vest Bengal Inland Fisheries Rules, 1985 Definitions : (1) In these rules unless there is anything repugnant in the subject or context
(a) "the act" means the West Bengal Inland Fisheries Act 19S4 (\Vest Ben. Act XXV of 1984) ;
(h) "Section" means a section of the Act ;
(2) Any expression used but not defined in these rules shall have the same meaning as defined in the Act.
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CHAPTER - II Proper Utilization of multi-ownership or other tanks Prevailing norms of proper utilization of multi-ownership or other tanks. The prevailing norms of pisciculture shall mean and include.
(a) The embankment of the tank shall be such as to prevent unregulated ingress or egress of water ;
(b) The tank shall be deweeded regularly so that at least three fourth of the waterbody remain free from weeds ;
(c) The stocking of fish seed in the tank shall be at least four thousand caltivable carps or at least eight thousand other cultivuble species per ha.
Explanation : For the purpose of this rule cultivable carps shall mean and include rohu, catla, mrigal, calbasu, silver carp, grass carp and common carp and other, cultivable species shall mean and include magur, singhi, kai, puntias javanias, bata, sarpunti, galda, bagda, parse, bhangan and bhetki.
(d) These shall be supplementary feeding, manuring and liming as may be required in a given condition and as the competent authoricv may consider reasonable.
4. Notice and manner of serving notice : (1) The notice as per subsection (1) of section 8 shall be served on every owner and occupier of the tank inviting their objection as to the intention of such taking over the management and control of such tank. The notice shall also be served by the hanging a copy thereof in a prominent place near the tank in the presence of at least two witnesses of the locality. (2) If after due deligence, any owner or occupier is found not available, the notice may be served on an adult male member of his family.
5. Disposal of objections If any objection is received within the date specified in the notice, the competent authority shall consider the same by giving a personal hearing to the objector or objectors. If he finds the objection reasonable, he shall accept the same by giving the reasons in writing therefore and shall issue an order cancelling the notice unck2r rule 4. If, however, he finds the objection unreasonable or otherwise not
(3) 235 tenable he shall reject the same after giving the reasons in writing therefore and shall proceed to take further action.
6. Take over Where no objection has been received or where any objection has been rejected, the competent authority shall issue an order stating that the Government has taken over the management and control of the tank and the copies of such order shall be published by affixing on the official notice board and in aprominent place near the tank and shall also be served on the owners and occupiers of the tank in the manner prescribed in rule 4.
7. Taking possession : immediately after service of the order asper rule 6 the competent authority or an officer authorised by him in this behalf shall take over physical possession of the tank.
8. Rent : The rent payable per annum to the co-shares or co-owners of a multi-ownership tank for taking over the management and control of a tank shall be assessed at the rate of four percentum per annum of the market value of the tank. In addition, the co-shares or co-owners shall also be paid a reasonable non-recurring lump sum amount on account of any fish not removed by them.
9. Appointment amongst co-shares or co-owners : The rentpayable under rule S shall be apportioned by the competent authority to each co-sharer or co-owner in accordance with the nature and extent of share or interest held by each such co-sharer or co-owner as the case may be after makin, necessary local enquiry.
10. Claims : After determination of the rent as per the foregoing rule and apporprtionment therefore, the competent authority shall intimate the quantum of such rent receivable by each person holding an interest in the tank and asking them to submit their respective claims.
11. Payment of rent : Such claims shall be paid off annually by the competent authority after due verification within aperiod of six months from the date of receipt of claims.
16. Method of assessment of rent : The rentpayable per annum by a person to the competent authority for taking the tank on lease shall be assessed at the rate of four and a quarter percentum per annum of the market value of the tank. In addition, the lessee shall also pay to the competent authority a reasonable non-recurring lump sum amount on account of any fish not removed by the competent authority.
12. Utilisation of tank after taking over : After a tank is taken over for management and control, the competent authority shall either arrange to start pisciculture therein by the officer and staff under him or arrange to transfer it to some other person for starting pisciculture in accordance with the prevailing norms.
13. Notice of transfer : Where the competent authority decides to transfer the management and control of a tank to any •person for proper utilisation, he shall issue a notice stating such intention and the copie ta s of such notice inviting applications shall be published in his own office and in the office of the Gram Panchayet having jurisdiction over the tank.
14. Manner of selection of lessee : (1) All eligible persons making the tank on lease shall be examined by the competent authority by giving an opportunity of being heard to all of them and thereafter the competent authority shall select a person who in his opinion is the best suited for the purpose having regard to his experience and financial capability and any other factor incidental to the proper control, management and utilisation of the tank.
(2) While selecting a person for the purpose, the competent authority may give preference to a fish production group of a fishermen's cooperative society or a co-owner or co-sharer of the tank if they are found otherwise fit.
15. Execution of lease deed and transfer ofpossession : After selecting a person as per the foregoing rule the competent authority shall transfer the possession of the tank to such person on his execution of a lease deed.
CHAPTER - III Fish production Group
17. Fish Production Group : Not less than eight and not more than twenty persons may apply to the District Fishery Officer for forming themselves into a fish production group with the object of efficient production and sale of fish in a collective way.
18. Application : The application for formation of a fish production group shall be made in the prescribed form appended at Schedule I to these, rules.
19. Qualifications : All the members of a group shall be adult individuals preferably residing in the same or adjoing areas and shall together not less than four hectares of water area in the aggregate.
20. Associate member : In addition to the members referred to in rule 17 a fish production group may also include not more than two persons as associate members who shall have a right to attend a meeting of the group but shall not have any right to vote in any such meeting.
21. Registration :After receipt of an application for •registration of a group, the District Fishery Officer shall, after making such enquiry as he may deem fit and proper and on being satisfied about the object for which the group is to be formed and about the fitness of the members for achievement of that object, issue a certificate of registration and shall enter the relevant particulars in respect of the- group in a register to he maintained for this purpose.
Validity : The registration of a group shall remain valid until the same is cancelled by the District Fishery Officer.
23. Meeting : A group shall hold at least one meeting in every three months and one annual general meeting and all annual general meetings shall be presided over the Fishery Extension Officer having jurisdiction over the water areas possessed by the members of the group.
24. Rights and duties : the rights and duties of the members of a group interse and those between the group and the associate members shall be such as the members may decide from time to timein a meetino- 238 6
25. Removal and inclusion of members : The group may remove an existing member or may include a new member at any time if such removal of inclusion is approved by all other members in a meeting.
26. Books and Accounts : The group shall maintain such books and accounts as the District Fishery Officer may from time to time direct.
Reports and Relurns : The group shall submit such reports and returns to the District Fishery Officer with a copy to the concerned Fishery Extension Officer as may be required by the Director of Fisheries, West Bengal, by a notification.
28. Cancellation of registration : The District Fishery Officer may after giving to the group an opportunity of being heard, cancel the registration of a group on any of the following grounds:—
(a) That the majority members of the group have decided in a meeting to dissolve the group ;
(b) that the group is not functioning for more than a year
(c) that the group has become unable to function towards achieving the object for which it was formed ;
(d) that the number of members has failed below eight ; •
(e) that the registration of a group was obtained on the basis of any wrong information on any material point ;
(t) that the group has persistently violated the provisions of the Act and the rules, or neglected to abide by any direction lawfully issued by the District Fishery Officer.
29. Formation of Central Fish Production Group : application made by not less than 20 Fish Production Groups within the jurisdiction of a District Fishery Officer the Director of Fisheries may register a Central Fish Production Group. On the registration of such a Central Group, all the Fish Productions Groups within the aforesaidjurisdiction shall be of to that Central Group.
30. Managing Committee : The affair of a Central Group shall be managed by a Managing Committee of not less than six and not more than twelve members to he elected every Year by the affiliated Groups provided that not more than to such members may be nominated by the Government for each Central Group.
31. Bye-laws : The power and functions of a Central Group and its internal management shall be such as may be provided in the bye-laws prepared by each such Central Group with the approval of the Director of Fisheries.
32. Appex Group : All the Central Fish Production Groups in the State may form themselves into an Appex Group and on receipt of an application from the Group the Director of Fisheries may register the Appex Group.
The affair of the Appex Group shall he managed by a Managing Committee of not less than six and not more than twelve members to be elected every year by the affiliated Central Groups, provided that not more than two such members may, be nominated by the Government.
The powers and functions of the Appex Group and its internal management shall be such as may be provided in the bye-laws prepared by the Appex Group with the approval of the Director of Fisheries.
CHAPTER - IV Levy of Fish
33. Levy Roll : The competent authority on.tl-fe. basis of his own information or otherwise shall prepare a levy roll showing therein the name and address of the dealers, the quantum and species of fish to be delivered by them, the procurement agent to whom such delivery shall be made and other relevant particulars :
Provided that for the purpose of rules under this Chapter a dealer shall mean and include a catcher, a wholesaler, an importer, an auctioneer and a commission agent of fish.
34. Publication of levy rolls : The levy roll prepared under rule 33 shall be published in the office of the competent authority and copies thereof shall also be served on the dealers affected by the levy roll.
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35. Objection : If any objection is received by the competent authority against any levy within thirty days of its service to a dealer affected, the competent authority shall consider such objections by giving to the objecting dealer an opportunity of being heard.
36. Final levy roll : After considering the objections under the foregoing rule, the competent authority shall forward to the Government the levy roll, the objections, if any received against the levy roll and his views on those objections. On considering the objections if any, and the views of the competent authority on those objections, the Government shall prepare the final levy roll and send the same to the competent authority for publishing the same in his office and for serving relevant pEirts thereof to all dealers affected by that levy roll.
37. Procurement Agent : A 'procurement agent' for the purpose of the rules under this Chapter means a person who has been appointed by the government for procurement of levy fish at specified rates from the dealers of fish and for sale of such fish to the consumers at the rates specified by the Government.
38. Quantum of Fish : The quantum of fish to be delivered by a dealer shall be ten per cent by weight of the fish dealt in by the respective dealers in a year and shall be delivered to the procurement agent throughout the year in instalments on two fixed dates of every week.
39. Delivery : The dealer shall deliver at his usual place of business, the specified quantum of levy, fish to the procurement agent specified in the levy roll.
40. Rebate : A rebate or Idhaltal on the weight of levy fish shall be allowed at the rate of five per cent by the dealer to the procurement agent.
42. Procurement Price : The procurement price payable by the procurement agent to the dealer for different species of levy fish shall be such as may be fixed by the Government from time to time by notification.
42. Quality : The dealer shall deliver to the procurement agent standard quality of fish fit for human consumption and any dispute regarding quality and fitness for human consumption shall be decided by the competent authority whose decision shall, subject to the provisions of the Act and these rules, be final.
43. Payment : The procurement agent shall make payment to the dealer for the levy fish taken delivery of by him within fort 'eight hours of such delivery failing which he shall be liable to pay interest at the rate of eighteen per cent per annum on any outstanding amount.
44. Entry, search and seizure : The requiring authority or a police officer not below the rank of Assistant Sub-Inspector with a view to securing the delivery of levy fish
(a) inspect or cause to be inspected and document or books of account as well as any stock of fish belonging to a dealer ;
(b) require any dealer to give any information of hispossession with respect to any purchase or sale or shortage of fish ;
(c) stop and search the person and vehicle or vessel or animal used or suspected of being used for delivery of fish from premises where has reason to believe that fish are stored ;
(d) enter and inspect or break upon and search at any time between sunrise and sunset and premises where he has reason to believe that fish are stored :
Provided that in exercising the powers under this rule regard shall be paid to the social and religious custom of the occupants of thep laces and premises, vehicles or vessels :
Further provided that the requiring authority or police officer shall have power to take such aid or assistance as may be necessary for taking any action under this rule.
45. Exemption : The Government having regard to the conditions prevailing in any locality and if it finds it necessary to do so in the public interest may be notification exempt, subject to any condition as it may think fit to impose, any class or classes of dealers from the operation of the provisions of the rules under this chapter.
SCHEDULE - I (Rule - 18) Form of application for registration of fish production Group.
To The District Fishery Officer, (Fishery) District.
Sir, We, the undersigned persons, of whom relevant particu !ars have been given in list 1 appended, have resolved to form a fish production group in terms of section 10 of the West Bengal Inland Fisheries Act, 1984 (West Ben.
Act XXV of 1984) and rules made thereunder initially with the tanks the particulars of which are given in list 2 appended.
2. It has been resolved by us that initially Shri/Sm ...shall function as the Leader and Shri/Sm shall function as the Deputy Leader of the Group.
3. The name of the group shall be and its office shall be located at (full address stating locality, villae, post office, police-station, block and district).
The object of the group shall he :
(a)
(b) 5, We are to request You to please register the group as per rules and communicate to us the fact of such registration in due course.
Place Date Signature 3 and so 00.
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r.4 z 2 0-G rt 9 8 ' 1 L 1 . / 'N ) r S, C 246 itsteret 6271/201 CR Extraordina Published b Authority .T.IIVIKSPAY,..NPYPIBER. :..):7,...J:99&:::
:=..,,..._. _ , •..._ __ __...,..,,,,,........... - ,..,..• ....:.PARTI- OrOers'.404 ions y he Govy the:::•.0overnorof W.Ost.flenga, be ..fig t Coo,.Overtot.0.717reasury,.0tc.;7,, Q:0Y.1..,.RNIVILENT •Or.INEST: TIEN(7;AL ..FiSHEAWS DEPARTMENT 2127-hsh/C-1/7R-7l84 P V Calcutta, the 1 th Novem 1998« NOTIFICATION cxotose..st,..f.....(40. power coOlerred ..1-.T•serti.?0. 1 :..:the:•.West •11*,ogal -lifland Wost...171e#. ct . .
6th:Mty:1:98 .4tr op4trottn.
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Amendn en • , .12 millimOtres.instie or below, any .part e. ye
(2) F..(...)cr the purpose - of conservation 0.1.'-fisti stock in the open water system, no....personor catch fish from the .15th ,dun e to the: 30th . September each year in any river or.its tribOtay ls rniiiiinctre-s in sue or below, 47, Angling in specified area.—No person shall catc I fish by angling from an veste waler area .wit hout taining permission from the competeRt authority.
open water system or KARTIKA -11 tSAKA 920 ra..e$:,. aft. r.:rrule- ert ...c4apter:— c1JAPT...1 V goo .. --Conser and, at - of grOup r . of der sons for:: th.e. putposg::. • tc: mesh; or any..or fist:tipg- .1...ahyo0.0 ou ofpersons s a usingnets i cs.
159627:112021/..CRISCELL(F1.)..
TIll CNI.C1)177:1A.: rIZAOKPINAKY 2.,...1.998 4L Broocliish att.elotyttN0:pcts9n or group of persons shall, or any 'purpose. other -th411.:•:seie41:4 rarch tn0OrtnkeiridoCed.':-breOdiriglof..Indiari....M4j9r using broOt1.41sh.not attaining the mnU of iieandahal[ ye1rs or weighing less thant one.,k11ograttl,...-ot not having 49, Standard measure in sale of fish spawns—No person or group of persons shall be allowed to sell in a container, other than a container laving capacity of either $0 millilitres or 100 miliilitres By order of Governor, • N. CHATURV Secy. to the Govt. of West II ttga 1)y the controller of Printing. and Stationery. West Bengal anc •printed-..at Saria..w.nt lvernrnent of West Bengal Enterprise). Calcutta 700-05-0 25 1596271/2021/CRU CULT!)
Registered No. MSC-247 CAITRA 19] [SAKA 193 Extraordinary Published by Authority
PART PART I—Orcersand N ifications by the Governor of West Ben al. the High Court, Government Treasury, etc_ GOVERNMENT OF WEST BENGAL Fisheries Department NOTIFICATION No_ 719 Fish/C-1/9R-3/2012 (Part-1), dated the 4th April, 2013.— In exercise of the power conferredby section 19 of the West Bengal Inland Fisheries Act, 1984 (West Ben. Act XXV of 1984) and in supersession of all earlier notification on the subject„ the Governor is pleased hereby to make the following amendments in the West pengalnland Fistieries Rules, 1985, published in Part-1 of the Calcutta Gazette, Extraordinary, dated the 6th May, 1985, vide this Department notification no. 1979- Fish/C-1 dated. the 29th April 1985 (hereinafter referred to as the said rules):
Amendments In th said rules,— aftOt sob4ule. (2). of rule 40,..msert.t "(3.).-For-thepOrpose".017. eortserwation,•Qf hjIsi'fish - stOck .nt,..persons0:' • group-of perSOns.or.,'11...Sher.s.:01.- .fishertnat. or .'tbefr,:assiStants under-no eire4mstaness.hall-Patch hilS4H(specles -group 1 familyt l had,G000-1 Species: :ffilsa:iacha and.. Species group .f0miltr Genus speoies .ottic.Hilsa?!,,pecie$,(teh4108.44,-. maer4ra.oha too:: using-any kindO.I7=i0lonolilattient0.1-nettinets havit)g.
mesh size below '$)0 (binptyypctitlipmetOr:antl'otber:hets: haying mesh: size below 40 (fOrtyYtnillimer for other..
fishes..
o person shall transpor , market, sell and possess hilsa (species group / Hilsa shad- Genus I Species. Hasa ilisha and s•pecies group / family: other shads- Genus / Species: other Hilsa species (tenulasa, maerura and tad!) having length below 23 (twenty three) centimeter and the same is banned.";
(2 after rule 49, ins rt the following rule:— "50 Declaration f Hilsa Sanctuary and protection of Hilsa, ) The riverin Addt le! to:the Govt; of st Bengal.
By order of the Governor, "ublished by the Controllerof Printine and Stationem West Bengal and rimed n't Slara4AvAtty Pi-pc,N: I .1 26 1596271/2021/CRU c44(FI) THF:.KoL.KATA G. -ZETTE,. ::ENTRAQRDINA.W .APKIL 9, 7013 [PART' BOrdwatt & HOghtyDistrict ,.(C) Diamond HObautto 'Nischintapur.Godakballat4(0)-fivet±)square:•10metet arta:4round the¢ Sand-Bar" Iocat0d. riyet-iMatia;:Roymongal. :Th.aktOan,in. SuOarbans.:tirea and...Fmk:1qt Barrav,.ate:declated::45.:HitStiSanCtLiatie$:.(prOtdOed (..) In order to -: -facilitate.spawningi all types of .fisb. catching are banned in the :11i sa anctuari:es during - june•to.August and October to:December every yeaL (.3) Fishing ofhilsa. is pro to within five (5) square- Kilomete. "the Farakka Barrage round. thi -yeat..to .pro eet, the •:17i:11sa specieS,an0 aciiitate.:brooders spawningin the area.
.(4) For - the...purOoSe-of conservation •of Jurrifles titkai khoka..131sh •rnigraung downstreamtowarOs. sea, use - • of -bag -net scoop Jilt nit antt.srhallmeshed•.gitrnos Imesk.$ize below :one :(1. )1nett) .for. catching hils4:
below -210: centimetersin the. water -SyStem Icludii*ostliatiti 'area:S.....tOtally:prObibitod•--Ouring.
Fobtuary,t6-- April eVOy. year?'
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