Panchayat:Repo18/vol2-page0041

THE TRAVANCORE-COCHIN FISHERIES ACT, 1950

(Act XXXIV of 1950 as amended by Act 7 of 80, Act 21 of 91, & 16 of 2000)

Preamble.- WHEREAS it is expedient to make provisions for matters relating to fisheries in the State of Travancore-Cochin;

It is hereby enacted as follows,-

1. Short Title.-

(1) This Act may be called the Travancore-Cochin Fisheries Act, 1950.

(2) It extends to the whole of the State of Travancore-Cochin.

(3) Commencements: It shall come into force at once.

2. Definitions.-

In this Act, unless there is anything repugnant in the Subject or Context; "Fish' includes shell-fish; "Fixed engine means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationery in any other way;

'Local authority' means a village panchayat constituted under section 4, of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994); "Private Water means water which is the exclusive property 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,

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.

3. Close time.-

(1) The Government may, by notification in the Gazette declare the whole year or any part thereof to be a close time in any area for any kind of fish.

(2) Subject to the provisions hereinafter contained it shall be unlawful except under a license, and in the manner and to the extent permitted thereby to capture any fish during such close time.

4. Protection of fish in selected waters by rules passed by Government.-

(1) The Government may make rules for the purposes hereinafter in this section mentioned and may, by a notification in the Gazette, apply all or any of such rules to such waters, not being private waters, as the Government may specify in the said notification.

(2) The Government may also by a 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 prohibit all fishing in any specified water except under a license granted by the Government and in accordance with such terms and conditions as may be specified therein.

(4) Such rules may also prohibit or regulate either permanently, or for a time or for specified seasons only, all or any of the following matters, that is to say:-

(a) the erection and use of fixed engines;

(b) the construction of Weirs:

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