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Protection of fish in selected waters.

§4

Summary

(1) The State Government may make rules for all or any of the matters specified in sub-section (3); and may, by notification in the Official Gazette, apply all or any such rules to such waters (not being private waters) as the State Government may specify in the said notification. 1[(1A) The State Government may make rules for grant of fishing rights in the tanks situated in all the Village Panchayats and the Scheduled Areas covering total water spread area upto one hundred hectares, to the following local authorities,- (i) if such minor water bodies lies within the jurisdiction of one Gram Sabha, then to its village panchayat, (ii) if such minor water bodies lies within the jurisdictions of two village Panchayats, then to the Panchayat Samiti, (iii) if such minor water bodies lies within the jurisdictions of more than two Panchayat Samitis, then to the Zilla Parishad : Provided that, the revenue generated in the Scheduled Areas including all the Village Panchayats in respect of such minor water bodies shall be appropriated to the village fund and shall be divided in equal proportion between two or more village panchayats, if any, and the same shall be used for development of the area of the respective panchayat. Explanation.- For the purposes of this sub-section,- (i) the expressions "Gram Sabha", "Panchayat" and "Schedule Areas" shall have the meanings, respectively, assigned to them in the Maharashtra Village Panchayats Act (III of 1959); (ii) the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meanings, respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962).] (2) The State Government may, also by like notification, apply such rules, or any of them, to any private water, with the consent in writing of the owner thereof, and of all persons having for the time being any exclusive right of fishery therein. (3) Such rules may,- (a) prohibit or regulate all or any of the following matters, that is to say,- (i) the erection and use of fixed engines; (ii) the construction, temporary or permanent, or weirs, dams and bunds; (iii) the dimension, size of mesh, and kind of nets to be used, and the manner of using them, and the conditions (if any) under which they may be used; (iv) the use of more than one method of taking fish at one time; (b) prohibit the using of any gun, bow, arrow, or the like in any waters, with intent thereby to take or destroy any of the fish therein ; (c) prohibit or regulate the deposit or discharge, in any waters containing fish, of any liquid or solid matter specified in the rule, detrimental to fish, or the food of fish; but not as to prejudice any powers of a local authority to discharge sewage in pursuance of any power given by or under any law for the time being in force; (d) prescribe the seasons during which the killing or taking or sale of fish of any prescribed species, shall be prohibited ; (e) prohibit all fishing in any specified waters for a specified period ; (f) provide generally, for the better execution of this Act, and for the better protection, preservation and improvement of fisheries in the State, or any area thereof. (4) In making any rule under this section, the State Government may provide for- (a) the seizure, removal and forfeiture of any fixed engine or apparatus erected or used, or nets used, in contravention of the rules; and (b) the forfeiture of any fish taken by means of any such fixed engine or apparatus or net. (5) Rules made under this section shall be subject to the condition of previous publication. (6) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following, and publish in the Official Gazette.

(1) The State Government may make rules for all or any of the matters specified in sub-section (3); and may, by notification in the Official Gazette, apply all or any such rules to such waters (not being private waters) as the State Government may specify in the said notification. 1[(1A) The State Government may make rules for grant of fishing rights in the tanks situated in all the Village Panchayats and the Scheduled Areas covering total water spread area upto one hundred hectares, to the following local authorities,- (i) if such minor water bodies lies within the jurisdiction of one Gram Sabha, then to its village panchayat, (ii) if such minor water bodies lies within the jurisdictions of two village Panchayats, then to the Panchayat Samiti, (iii) if such minor water bodies lies within the jurisdictions of more than two Panchayat Samitis, then to the Zilla Parishad : Provided that, the revenue generated in the Scheduled Areas including all the Village Panchayats in respect of such minor water bodies shall be appropriated to the village fund and shall be divided in equal proportion between two or more village panchayats, if any, and the same shall be used for development of the area of the respective panchayat. Explanation.- For the purposes of this sub-section,- (i) the expressions "Gram Sabha", "Panchayat" and "Schedule Areas" shall have the meanings, respectively, assigned to them in the Maharashtra Village Panchayats Act (III of 1959); (ii) the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meanings, respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962).] (2) The State Government may, also by like notification, apply such rules, or any of them, to any private water, with the consent in writing of the owner thereof, and of all persons having for the time being any exclusive right of fishery therein. (3) Such rules may,- (a) prohibit or regulate all or any of the following matters, that is to say,- (i) the erection and use of fixed engines; (ii) the construction, temporary or permanent, or weirs, dams and bunds; (iii) the dimension, size of mesh, and kind of nets to be used, and the manner of using them, and the conditions (if any) under which they may be used; (iv) the use of more than one method of taking fish at one time; (b) prohibit the using of any gun, bow, arrow, or the like in any waters, with intent thereby to take or destroy any of the fish therein ; (c) prohibit or regulate the deposit or discharge, in any waters containing fish, of any liquid or solid matter specified in the rule, detrimental to fish, or the food of fish; but not as to prejudice any powers of a local authority to discharge sewage in pursuance of any power given by or under any law for the time being in force; (d) prescribe the seasons during which the killing or taking or sale of fish of any prescribed species, shall be prohibited ; (e) prohibit all fishing in any specified waters for a specified period ; (f) provide generally, for the better execution of this Act, and for the better protection, preservation and improvement of fisheries in the State, or any area thereof. (4) In making any rule under this section, the State Government may provide for- (a) the seizure, removal and forfeiture of any fixed engine or apparatus erected or used, or nets used, in contravention of the rules; and (b) the forfeiture of any fish taken by means of any such fixed engine or apparatus or net. (5) Rules made under this section shall be subject to the condition of previous publication. (6) All rules made under this section shall be laid before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following, and publish in the Official Gazette.

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