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300
THE SIKKIM FISHERIES ACT, 1980.

ARRANGEMENT OF SECTIONS

1.

Short title, extent and commencement.

2.

Definitions.

3.

Power to make rules.

4.

. Powers to prohibit sale of fish.

5.

Penalties.

6.

Destruction of fish by explosive and punishment therefor.

7.

, Destruction of fish by poisoning and punishment therefor.

8.

Offence cognizable.

9.

Power to arrest without warrant and investigation of offences under this Act

10.

. Power of search and investigation.

11.

Power to compound certain offences and charge compensation.

12.
13.

Persons performing duties under this Act and protection of action taken on good faith.
Repeal and Savings.

301
THE
ACT,

SIKKIM.

FISHERIES

1980
ACT' NO.3 OF. 1980
AN
ACT

to provide for conservation, propagation, development and the modes of disposal. of fisheries.
in Sikkim.
[5th April, 1980 j
Be it enacted by the Legislative Assembly of Sikkim in the Thirty-first
Year of the Republic of India as follows:
1.

( 1)

This Act may be cal1ed the Sikkim Fisheries Act, 1980.

(2)

It shall extend to the whole of Sikkim.

(3)

Short title; extent and

commencement

It shall come into, force on ,such date as the State

Government may, by notification. in the Official' Gazette;
appoint.

2. In this Act and the rules made there under unless. there is anything
repugnant in the subject or context
(i)

'fish' includes shell-fish in all stages of its life including

aquatic plants and animals of' fisheries value;

(ii)

'fishing; gear means.. any net, line. rod and line, fishing
tackle or other appliances used for the purpose of, catching
fish;

(Hi)

'fishing craft' means any boat manually operated or operated

by power used for the. purpose of fishing or the transport of
fish;

(iv)

'fishing offence' means any offence punishable under this Act

or any rule made there under;

(v)

'fishery officer' means any person whom the State

Government. may, from time to time, appoint by name or as
holding, an office. to carry out all or

Definition.

302
any of the purposes of-this Act or to do anything - required by,
this Act or any rule made there under:

, Provided that - no police officer below the rank of

Sub-Inspector shall be so empowered;
(vi)' 'fixed engine' means -any net, cage, trap or other contrivance for
taking fish -fixed in the soil or made stationary in the other way;

(vii)

.'Notification' means a notification published in the Official

Gazette;

(viii)

'private waters' means water which are the exclusive properly

of any person, or in which any person has for the time being
an exclusive right of fishery 'whether as owner, lessee or in
any other capacity and includes tanks, ponds, artificial lake
etc; excavated' at expenses of the owner which have no
communication at any season with the natural waters of any
river, streams, or canals;

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;
(ix)

'State Government' means the Government of the State of

Sikkim;

(x)

'Religious" water' means water belonging to a religious

'body or institution and which has by reason thereof and on
religious grounds never been fished before;
,J

Explanation.-The provisions of this definition shall not however,

debar the State Government to develop such water with fisheries which.
however, will not be subjected to commercial use without the consent of
the religious body or institution or the persons who may have customs
attached to such water;

(xi)

religious, body' means the trustees" or any other person who

are in charge of a religious institu

303
tion or in whom the ownership of the religious institution
vests for the time being;
(xii)

"'religious institution' means a temple, a mosque, a church, a

monastery or any other shrine dedicated to any God or
Goddess and such other institutions as the State Government
may, by notification, declare in this behalf;

(xiii)

'section or 'sub-section' means a section or subsection of

this Act unless referred to any other Act.

3. (1) The State Government may make rules for the purposes
mentioned hereinafter in this section and shall under such rules declare the
waters, not being private waters, to which all or any of them shall apply.

(2) The State Government may by 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) The State Government may make rules for the propagation and
development of fisheries in private waters which may include grant of
financial help therefor.
Explanation. Financial help shall include loans, subsidy or grantsin-aid.
(4)

Such rules may,

(a)

(i)
(ii)
(iii)

(b)

prohibit or regulate all or any of the following matters

the erection and use of fixed engines;

the construction of weirs, bunds and diversion of
natural waters for killing fish; and
the dimension and. kinds of fishing gears and. modes of
their use.

prohibit fishing except under a license and regulate the

granting of such licenses, .the fees payable therefor and the
conditions to be inserted therein;

Powers to make
rules.

304

.'

(e)

prohibit destruction or attempt to. destroy fish by. any

gear .which the. State Government may consider
harmful or destructive;

(d)

prescribe seasons in which the killing or catching or,

sale of any fish of any prescribed species shall 'be
prohibited;

(e)

prescribe a minimum size or weight below which no.

fish of any prescribed species shall be taught, killed or
sold;

(0

prohibit fishing in any specified water far a specified

period;

(g)

prescribe modes, means, agency and procedures of

business of fisheries within and out side the State;

(h)

regulate export of fish or specified species of fish

outside any area or areas and also. prescribe the.. rate.
for sale of fish in any market of the State;

(i)

regulate and prescribe lease Of. mortgage of tank, pond

or land for construction of pond intended for stocking
in such tank or pond with fish of any class;

(j)

regulate the possession of fishing craft and

'. .
gear within any specified limits as may appear
to. be necessary

(k)

such rules may, among other matters, also. provide for

the examination. of fish" in transit within. specified
limits.

(5) In making any rules under this section the State Government
may provide for
(a)

seizure, removal and forfeiture of any apparatus

erected or used for .fishing in contravention of the
rules;

305
(b)

forfeiture of any fish taken by means of any such

apparatus;

(c)

confiscation of any consignment of fish held or

transported in contravention of the rules.

4. The State Government may by notification prohibit in any specified

areas the offering or exposing for sale or barter of any fish killed or caught
in contravention of any rules made under sub-section (4) of section 3 of
this Act.

Powers to prohibit
sale of fish.

5. (1) The breach of any rule made under section 3 or of any prohibition
notified under section 4 shall be punishable with imprisonment which may
extend to three months or with fine which may extend to five hundred
rupees or with both, and when the breach is a continuing one, with a
further fine which may extend to ten rupees for each day during which the
breach is continued after the first day. .

Penalties.

(2) If any person convicted of an offence under this Act, commits a

like. offence afterwards then, he shall be punishable with imprisonment
which may extend to six months or with fine which may extend to one
thousand. rupees or with both for each subsequent offence.

6. If any person uses any dynamite or other explosive substances in any

water with intent thereby to catch or destroy fish that may be therein, he
shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand' rupees or with
both.

Destruction of fish
by explosives and
punishment therefore.

7. If any person puts any poison, lime or noxious material into any water
with intent thereby to catch or destroy any fish which may be therein, he
shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or
with both.

Destruction of fish
by poisoning and
punishment there
for.

8. Notwithstanding anything contained .in the Law relating to

Criminal Procedure in force in Sikkim, the offences under this Act shall
be cognizable and any property used for committing fishing offence may
be forfeited to the State.

Offence cognizable.

306
Power to arrest
without warrant and
investigation of
offences under this
Act.
,

,.

9.(1) Any Fishery 'Officer, Police Officer or any other person specially
empowered by the State Government in this behalf, may, without warrant,
arrest .any person committing or attempting to commit in his view" any
offence punishable under this Act and may detain him for investigation
including ascertainment of name and residence.
"
(2) When the investigation is completed or the true name and
residence of such person have been ascertained, he shall be released on
his executing a bond; with or without sureties, to appear before a
Magistrate, if so required.
(3) Should the investigation not be concluded or the name 'and residence
of such person not. be, ascertained within twenty four hours from the
time of arrest, or should he fail to execute the bond, or, if so required, to
furnish sufficient sureties, he shall forthwith be .forwarded to the nearest
Magistrate 'along with copies of connected papers.

'"
(4)The, Magistrate, to whom an accused .person is forwarded under this
section, shall ,.follow the procedure relating .to .remand as laid down in
the Code' of Criminal Procedure for the time ,being. in force'

Power of search
and investigation.
',

Power to compound
certain offences and
charge compensa'
tion.

..
,

10. Every Fishery Officer shall, have the same power of search. and
investigation in respect. of offences under this Act as that of a Police
Officer under, the provisions of the law relating to Criminal Procedure for
the time being in force in Sikkim

11. (1) The State Government may, by notification, empower a Fishery

Officer by name or as. holding an office
(a)

to accept from person concerning whom evidence

exists which if unrebutted would prove that he '. has
committed any fishing offence as described in' the first
column of the Schedule, a sum of money by way of
compensation for the offence with regard to which
such evidence exists and on payment of such sum to
such officer such person" if in custody, shall be
discharged and no further proceedings shall be
instituted against him;

307
- '(b)

to 'accept compensation as damages for the loss

caused to fish life as may be assessed by such officer
at the prevalent market rate' which shall be in addition
to the compensation specified in the Schedule;

(c) , to release any property that has been seized as liable .to
confiscation on payment of the value of such property
as estimated by such officer and on payment of such
value such property shall be released and no further
proceedings shall be taken in respect thereof.

(2) The sum of money accepted as compensation under subclause (a) of sub-section (1) shall be in no case exceeds the
amount
mentioned in the second column of the Schedule for the particular offence
detailed in the first column thereof:
Provided that provision of sub-section (2) shall not limit the act of
an officer to charge compensation for different offences collectively if
such offences are committed at the same time by a person.

12. Person empowered to exercise and execute duties

under this Act or rules made there under shall be deemed to be
public servant within the meaning of section 21 of the Indian Penal Code,
and no suit, prosecution or other legal proceedings shall lie against any
person for anything which is in good faith done or intended to be done
under this Act.
13. All Acts, Rules, Notifications, Regulations or Orders
in force, permanently or temporarily, in Sikkim for the protection,
conservation and development of fisheries immediately before the
enforcement and commencement of this Act are hereby repealed provided
that,
(a)

anything done or action taken or proceedings

commenced or continued under the repealed Rules,
Notifications,
Orders,
Regulations
or
Acts,
promulgated, made or issued by the com

Persons performing duties under

this Act and protection of action
taken on good
faith.

Repeal
Savings.

and

308
petent authority of the time shall be deemed to have
been done. taken and commenced or continued under
the corresponding provisions of this Act;

(b)

any appointment, order. regulation or notification

made or issued under the provisions of the repealed
Rules. Orders, Regulations or Notifications shall in so
far as it is not inconsistent with the provisions of this
Act. be deemed to have been done or made and issued
under the provisions of this Act unless and until
superseded by any appointment. order, regulation or
notification made or issued under this Act.

309
SCHEDULE OF COMPENSATION

(As provided under section 11 of the Sikkim Fisheries Act, 1980.)

Limits of amounts acceptable; as, compensation for certain matters of Fishing
offences detailed under section 11 of the Act.

Description of offences

Maximum amount
acceptable as
compensation.

1. Fishing with a net having smaller mesh than that

prescribed under the rule.

Rs. One hundred

2. Fishing without a license.

. Rs. One hundred.

3. Killing, catching or selling or attempting to kill, catch

or sell any fish of a size and weight less than the
standard prescribed under this Act.
4. Killing, catching or selling or attempting to do so, any
fish of a prohibited species during a close season.

Rs. Fifty.

5. Fishing with any gear or method other than that per

mitted under the Rule.

Rs. Fifty.

6. Using at anyone time more than the number of gears

permitted under the rules.

Rs. Fifty.

Rs. Twenty-five.

Fishing or attempting to fish in any of the prohibited waters.

Rs. One hundred.

8. License holder employing or engaging non-licensees to help

with their gear while fishing.

'Rs. Fifty.

9. Offering or exposing for sale Or barter of any fish, the

sale of which is prohibited in any specified area which
may be notified under section 4 of this Act.
Rs. Fifty.
10. Exporting or attempting to export fishes or fish of any
specified species in contravention of the provision of rules.

Rs. One -hundred..

11 Selling or attempting to sell fish for a price above the

prescribed market value
12 Possessing tackle or gear unauthorizedly

Rs Fifty
Rs One hundred