Panchayat:Repo18/vol2-page0042

(c) the dimension and kind of the contrivances to be used for taking fish generally, or any specified kind of fish and the modes of using such contrivances;

(d) the minimum size or weight below which no fish of any prescribed species shall be killed;

(e) the variety, description or power of lights used for fishing; and

(f) the destruction of fish or depletion of fisheries by pollution by trade or industrial effluentS.

(5) Notwithstanding anything contained in sub-section (1), (2), (3) or (4), the Government may for the purpose of preserving or protecting fish in any area, make rules restricting, regulating or otherwise controlling fishing in private Waters generally, and they may by notification in the Gazette apply all or any of such rules to such private waters as they may specify in the said notification after giving notice to the owners thereof and to all persons having or believed to have an exclusive right of fishing therein and after hearing there objections, if any.

(6) In making any rule under this section the Government may provide for

(a) the seizure, forfeiture and removal of any fixed engines erected or used or nets or other contrivances used for fishing in contravention of the rules, and

(b) the forfeiture of any fish taken by means of any such fixed engine or nets or other contrivances.

5. Offering or exposing for sale or barter any fish killed in contravention of rules under section 4.-

The Government may, by notification in the Gazelle, prohibit in any specified area the offering or exposing for sale or barter any fish killed in contravention of any rule made under the last foregoing section.

6. Penalty.-

The breach of any notification under section 3 or of any rules made under section 4, or of any notification under Section 5, shall be punishable with fine which may extend to one thousand rupees:

Provided that the Superintendent of Fisheries or any Officer not below the rank of Fishery Inspector Specially authorised by Government in that behalf may accept from any person reasonably Suspected of having Committed an offence against the rules made under sub-section (3) of section 4 by Way of compensation for the offence which may have been committed, and where any property have been seized as liable to forfeiture may release the same on payment of the value thereof as estimated by him.

7. Destruction of fish by explosives in inland waters and on coasts.-

(1) If any person uses any dynamite or other explosive substances in any water with intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two thousand rupees, or with both.

(2) In sub-section (1) the word "water" includes the sea within a distance of one maritime league of the Sea Coast; and an offence Committed under that sub-section in such sea may be tried, punished and in all respects dealt with as if it had been committed on the land abutting on Such Coast.

8. Destruction of fish by poisoning waters.-

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

(2) The Government may by notification in the Gazette, suspend the operation of this section in any specified area and may, in like manner, modify or cancel any such notification.

9. Grant of license.-

The Government may from time to time, make rules to determine

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