Sikkim Fisheries Act 1980
Sikkim Fisheries Act 1980
Sikkim Fisheries Act 1980
300
THE SIKKIM FISHERIES ACT, 1980.
ARRANGEMENT OF SECTIONS
1.
2.
Definitions.
3.
4.
5.
Penalties.
6.
7.
8.
Offence cognizable.
9.
Power to arrest without warrant and investigation of offences under this Act
10.
11.
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)
(2)
(3)
2. In this Act and the rules made there under unless. there is anything
repugnant in the subject or context
(i)
(ii)
'fishing; gear means.. any net, line. rod and line, fishing
tackle or other appliances used for the purpose of, catching
fish;
(Hi)
(iv)
(v)
Definition.
302
any of the purposes of-this Act or to do anything - required by,
this Act or any rule made there under:
(vii)
(viii)
(x)
(xi)
303
tion or in whom the ownership of the religious institution
vests for the time being;
(xii)
(xiii)
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.
(i)
(ii)
(iii)
(b)
Powers to make
rules.
304
.'
(e)
(d)
(e)
(0
(g)
(h)
(i)
(j)
(k)
(5) In making any rules under this section the State Government
may provide for
(a)
305
(b)
(c)
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.
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.
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
307
- '(b)
(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.
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)
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SCHEDULE OF COMPENSATION
Description of offences
Maximum amount
acceptable as
compensation.
Rs. Fifty.
Rs. Fifty.
Rs. Fifty.
Rs. Twenty-five.
'Rs. Fifty.
Rs Fifty
Rs One hundred