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THE PUNJAB FISHERIES ORDINANCE, 1961

(W.P. Ordinance XXX of 1961)

C O N T E N T S

 

Section                                Heading

 

        1.           Short title and extent.

        2.           Definitions.

        3.           Appointment of Inspectors of Fisheries.

        4.           Powers of the Director General to lease out any water other than private water.

        5.           Power of the lesee to issue permit.

        6.           Destruction of fish by explosives.

        7.           Destruction of fish by poisoning water.

        8.           Fish that shall not be taken.

        9.           Net, fixed engine, trap, etc., shall not be employed without a permit or licence.

      9-A.        Quality control.

       10.          Duty to produce licence or permit on demand made by employees of Fisheries Department.

       11.          Power to declare any water to be a sanctuary for fish.

       12.          Duty of Lambardars, Village Watchmen, etc.

       13.          Powers of magistrate to issue search warrant.

       14.          Power to search without warrant.

       15.          Arrest without warrant for offences under this Ordinance.

       16.          Power of seizure.

       17.          Penalties.

       18.          Police assistance.

       19.          Persons who may lodge complaints.

       20.          Confiscation of any [fish,] net, trap, cage, etc.

       21.          Jurisdiction as respects offences within one marine league of sea coast.

       22.          Protection taken under this Ordinance.

       23.          Power of Government to add or exclude from First Schedule.

       24.          Power to compound certain offences.

       25.          Delegation of powers.

       26.          Power to make rules.

       27.          Repeal and savings.


 

First Schedule

 

Second Schedule

 

 

[1]THE [2][PUNJAB] FISHERIES ORDINANCE, 1961

(W.P. Ordinance XXX of 1961)

[13 December 1961]

An Ordinance to amend and consolidate the law

relating to fisheries in the province of [3][the Punjab].

Preamble.– WHEREAS it is expedient to amend and consolidate the law relating to fisheries in the province of [4][the Punjab];

      NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan, is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-

1.   Short title and extent.– (1) This Ordinance may be called the [5][Punjab] Fisheries Ordinance, 1961.

      (2)  It extends to the whole of the province of [6][the Punjab] except the [7][Tribal Areas.]

2.   Definitions.– In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-

      (a)  “Director [8][General] of Fisheries” means the Director [9][General]of Fisheries, [10][Punjab] and includes any person appointed by Government to discharge the functions of the Director [11][General] of Fisheries under this Ordinance;

      (b)  “fish” includes shell-fish;

      (c)  “fixed engine” means any net, cage, trap, or other contrivance for taking fish, fixed in the soil or made stationery in any other way;

      (d)  “Government” means the [12][Provincial Government of the Punjab];

      (e)  “licence”, “permit”, “special licence” and “special permit” means, respectively, a licence, permit, special licence and special permit, issued under this Ordinance or any rule made thereunder;

                  [13][Explanation– Provincial licence shall be issued by the Provincial Fisheries Department.]

      (f)   “prescribed” means prescribed by rules made under this Ordinance;

      (g)  “private water” means water which is the exclusive property of any person, [14][a water area which is land locked by his own survey numbers] or in which any person has for the time being an exclusive right of fishery, whether as owner, lessee or in any other capacity;

                  Explanation– Water shall not cease to be “private water” within the meaning of this definition by reason only that other persons may have by custom a right of fishery therein;

      (h)  “water” includes the sea within a distance of one marine league of the sea coast.

    [15][(i)  “Provincial water” means rivers, canals and barrages/pond areas which are not confined within the district boundary or which receives water from the river canal;

      (j)   “District Water” means a water except rivers, canals, barrages/ pond areas and all those waters which have no permanent or seasonal link with rivers etc.;

                  Explanation– District Fisheries Officer shall be responsible for the conservation and management and development of district water areas and will be empowered to lease out fishing rights of the water area exclusively confined within the district boundary.]

 

3.   Appointment of Inspectors of Fisheries.– (1) Government may, by notification appoint such persons as it thinks fit to be Inspectors of Fisheries for the purposes of this Ordinance within such local limits as may be specified.

      (2)  Inspectors of Fisheries shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code[16].

 

4.   Powers of the Director [17][General] to lease out any water other than private water.– (1) The Director [18][General] of Fisheries, or such other officer as he may empower in this behalf by general or special order in writing may, for a period not exceeding three years, lease out, on such conditions as may be prescribed, the right to catch fish in any water other than private water [19][and district water].

      (2)  Any amount due to Government under the provisions of sub-section (1), and remaining unpaid one month after it has become so due, may be recovered as arrears of land revenue.

 

5.   Power of the lessee to issue permit.– (1) The person in whose favour a lease under section 4 is granted, may issue permits in such form, subject to such conditions and on payment of such fees, as may be prescribed, for the taking of fish in the water the right of fish wherein has been leased to him.

      (2)  A permit issued under sub-section (1) shall cease to be valid upon the termination or cancellation of the lease in favour of the person issuing the permit.

 

6.   Destruction of fish by explosives.– No person shall use any dynamite or other explosive substance in any water with intent thereby to catch or destroy any of the fish that may be therein.

 

7.   Destruction of fish by poisoning water.– No person shall put any poison, lime or noxious material into any water with intent thereby to catch or destroy any fish that may be therein.

 

8.   Fish that shall not be taken.– No person shall kill, capture, or possess any species of fish specified in the second column of the First Schedule, of a size less than that specified in the third column of the said Schedule against such species.

 

9.   Net, fixed engine, trap, etc., shall not be employed without a permit or licence.– (1) No person shall use or employ for the capture of any species of fish specified in the First Schedule, in any water other than private water, any net, cage, trap or other contrivance for taking fish, or fixed engine, except during the period permitted in respect of such species under the fourth column of the said Schedule and under a licence or permit issued under this Ordinance.

      (2)  Licences under sub-section (1) shall be issued by such authorities, on payment of such fees and on such conditions as may be prescribed.

 

[20][9-A.  Quality control.– (1) The Government may prescribe standards and quality of fish and require inspection of fish.

      (2)  A person shall not sell or commercially transfer a fish unless it conforms to the prescribed standards and quality.]

 

10.    Duty to produce licence or permit on demand made by employees of Fisheries Department.– Every person in possession of any fishing licence or permit shall produce his licence or permit, as the case may be, on a demand made by the Inspector of Fisheries or any other person authorised in this behalf by the Director [21][General] of Fisheries.

 

11.   Power to declare any water to be a sanctuary for fish.– (1) Notwithstanding anything contained in this Ordinance, Government may, by notification, declare any water to be sanctuary for fish mentioned in the First Schedule for a period which may be specified, and during such period no person shall kill, capture or possess such fish without a special permit issued under this Ordinance by the Director [22][General] of Fisheries.

      (2)  The water in respect of which a notification under this section is made shall be demarcated in such manner as may be prescribed.

 

12.   Duty of Lambardars, Village Watchmen, etc.– Every Lambardar, Village Watchman, Canal Patwari, P.W.D. Darogha, Zilladar, Revenue Patwari, Tapedar, Supervising Tapedar and Qanungo shall be bound in the absence of reasonable excuse to give to an Inspector of Fisheries or any other person authorised in this behalf by the Director [23][General] of Fisheries, information in respect of any unauthorised netting, killing or other offence under this Ordinance committed within the limit of his village or circle, as the case may be, as soon as the commission of such offence comes to his knowledge.

 

13.   Powers of magistrate to issue search warrant.– If a magistrate has reason to believe that an offence under this Ordinance has been, is being, or is likely to be committed, he may issue a warrant for the search of any place in which any fish, net, trap, cage or other contrivance for taking fish, or fixed engine is kept or concealed.

 

14.   Power to search without warrant.– An Inspector of Fisheries may, without a warrant from a magistrate, search any person, vessel, rack, chicle, ship, boat, raft, package, receptacle or covering so as to satisfy himself as to whether or not an offence under this Ordinance has been committed.

 

15.   Arrest without warrant for offences under this Ordinance.– (1) An Inspector of Fisheries may without a warrant arrest any person committing in his view any offence under section 6,7,8,9 or 11–

         (a)  if the name and address of such person are unknown to him; and

         (b)  if such person declines to give his name and address, or there is reason to doubt the accuracy of the name and address given.

      (2)  A person arrested under this section may be detained until his name and address have been correctly ascertained:

      Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a magistrate, except under the order of a magistrate.

 

16.    Power of seizure.– An Inspector of Fisheries, or any person authorised in this behalf by the Director [24][General] of Fisheries, may take possession of any [25][fish,] net, trap, cage or other contrivance for taking fish, or fixed engine used or suspected to have been used in the commission of an offence under this Ordinance.

17.    Penalties.– Whoever–

         (a)  contravenes the provisions of section 6,7 or 11 shall be punishable with imprisonment of either description which may extend to [26][two years] or with fine which may extend to [27][ten thousand] rupees or with both;

         (b)  contravenes the provisions of section 8,9,10 or 12 shall be punished with fine which may extend to [28][three thousand] rupees.

 

18.    Police assistance.– Every police officer shall upon request made by a person employed under this Ordinance assist him in the due discharge of his duties under this Ordinance.

 

19.    Persons who may lodge complaints.– No Court shall take cognizance of any offence under this Ordinance except on the complaint in writing of an Inspector of Fisheries.

 

20.    Confiscation of any [29][fish,] net, trap, cage, etc.– The Court may order the confiscation of any [30][fish,] net, trap, cage or other contrivance for taking fish, or fixed engine employed in the commission of an offence under this Ordinance.

 

21.    Jurisdiction as respects offences within one marine league of sea coast.– If an offence in respect of this Ordinance is committed within a distance of one marine league of the sea coast then such offence may be tried, punished and in all respects dealt with as if it had been committed on the land abutting such coast.

 

22.    Protection taken under this Ordinance.– No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any provisions of this Ordinance or the rules made thereunder.

 

23.    Power of Government to add or exclude from First Schedule.– Government may, by notification,–

            (i)  add to or exclude from the First Schedule any species of fish subject to such conditions as it may impose in each case;

           (ii)  alter the period during which any fish specified in the First Schedule may be killed or captured.

 

24.    Power to compound certain offences.– (1) Government may, by notification empower an Inspector of Fisheries,–

         (a)  to accept from any person concerning whom evidence exists which if unrebutted would prove that he has committed any offence as described in the first column of the Second Schedule a sum of money by way of composition for the offence with regard to which such evidence exists, and on the payment of such sum to such officer, such person if in custody shall be discharged and no further proceedings shall be taken against him;

         (b)  when any property has been seized as liable to confiscation, to release the same without further payment, or on payment of the value thereof as estimated by such officer, and on the payment of such value, such property shall be released and no further proceedings shall be taken in respect thereof.

      (2)  The sum of money which may be accepted by way of composition under clause (a) of sub-section (1) for any offence shall in no case exceed the amount mentioned against such offence in the second column of the Second Schedule.

 

25.    Delegation of powers.– Government may, by notification, delegate all or any of the powers conferred upon it under the provisions of this Ordinance to any officer subordinate to it.

 

26.    Power to make rules.– (1) Government may make rules[31] for the purpose of carrying into effect the provisions of this Ordinance.

      (2)  In particular and without prejudice to the generality of the foregoing powers, such rules may prescribe–

            (a)  the form in which, and the terms and conditions on which, a licence or a permit or a special licence or a special permit may be granted;

            (b)  the authority by which licences under this Ordinance may be granted;

            (c)  the fees to be charged for any licence or permit or special licence or special permit;

            (d)  the conditions subject to which the Director [32][General] of Fisheries may lease the right to catch fish under this Ordinance;

            (e)  in the case of any species of fish, the number and sex that may be killed under a licence;

            (f)   the rewards to persons who render help in detection of offences under this Ordinance;

            (g)  the utilization of receipts recovered under this Ordinance;

            (h)  prohibit or regulate all or any of the following matters:-

                     (i)  the erection and use of fixed engines;

                    (ii)  the construction of weirs; and

                   (iii)  the dimension and kind of nets, cages, traps or other contrivances for taking fish to be used and the modes of using them [33][;] [34][and]

           [35][(i) the standards and quality of fish.]

      (3)  Such rules may provide that a breach thereof shall be punished with a fine not exceeding fifty rupees.

 

27.   Repeal and savings.– (1) The following enactments are hereby repealed:-

        (a)   The Punjab Fisheries Act, 1914[36]; and

        (b)   The Bahawalpur States Fisheries Act, 1951.

      (2)  Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done and all action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and licence or order issued under any of the said enactments, shall, if not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance.

First Schedule

(Section 8)

[Species of Fish and Prohibitions]

Serial No.

Species of fish

Size

Period during which taking of the fish by any net, cage, trap or fixed engine is prohibited

1

2

3

4

 

 

Inches

 

1.

Trout

9

10th October to 9th March.

2.

Mahashair

12

1st June to 31st August.

3.

Rahu

12

Ist June to 31st August.

4.

Mori

12

Ist June to 31st August.

5.

Thaila

12

Ist June to 13th August.

[37][6.

Calbans

12

1st June to 31st August.]

 

Second Schedule

(Section 24)

Maximum amount acceptable by way of composition for certain offences

Serial No.

Description of offences

Maximum amount which may be accepted as composition

1.

Fishing with a net having a smaller mesh than the prescribed mesh.

[38][five thousand] rupees.

2.

Fishing without a licence

[39][five thousand] rupees.

3.

Killing fish of a size less than the prescribed size

[40][five thousand] rupees.

4.

Fishing with any gear or method other than that permitted under the rules.

[41][five thousand] rupees.

5.

Using any one time more than two of either or any of the gears permitted under the rules.

[42][one thousand] rupees.

6.

Licence holder employing or engaging non-licensees to help him with his nets while fishing.

[43][one thousand] rupees.

7.

Offering or exposing for sale or barter any fish in contravention of the provisions of this Ordinance.

[44][one thousand] rupees.

 


 

  [1]This Ordinance was promulgated by the Governor of West Pakistan on 17th Oct., 1961, published in the West Pakistan Gazette (Extraordinary), dated 13th Dec., 1961, pages 2945-2952; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).

  [2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

  [3]Ibid.

  [4]Ibid.

  [5]Ibid.

  [6]Ibid.

  [7]Substituted by the West Pakistan Laws (Adaptation) Order, 1964, for “Special Areas”.

  [8]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

 [9]Ibid.

[10]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[11]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[12]Substituted, for “Government of West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).

[13]Added by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[14]Inserted ibid.

[15]Added ibid.

[16]XLV of 1860.

[17]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[18]Ibid.

[19]Ibid.

[20]Inserted by the Punjab Fisheries (Amendment) Act 2009 (X of 2009). This Act was originally promulgated as Ordinance XXIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act X of 2009.

[21]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[22]Ibid.

[23]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[24]Ibid.

[25]Ibid.

[26]Substituted by the Punjab Fisheries (Amendment) Act, 1999 (IV of 1999), for the words “three months”.

[27]Substituted ibid., for “five hundred”.

[28]Ibid., for “one hundred”.

[29]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[30]Ibid.

[31]For rules, see West Pakistan Gazette, Part I, dated 1st October, 1965, p.1205.

[32]Inserted by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[33]Substituted for the full-stop by the Punjab Fisheries (Amendment) Act 2009 (X of 2009). This Act was originally promulgated as Ordinance XXIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act X of 2009.

[34]Inserted ibid.

[35]Ibid.

[36]Pb. II of 1914.

[37]Added by the Punjab Fisheries (Amendment) Ordinance, 2001 (XXXVII of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[38]Substituted by the Punjab Fisheries (Amendment) Act 1999 (IV of 1999).

[39]Ibid.

[40]Ibid.

[41]Ibid.

[42]Ibid.

[43]Ibid.

[44]Ibid.

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