WEST PAKISTAN FISHERIES ORDINANCE, 1961. (ORD. XXX OF 1961).

THE WEST PAKISTAN FISHERIES ORDINANCE,  1961
W.P. Ord. No. XXX of 1961.
[13th  December,    1961]
AN
ORDINANCE
to amend and consolidate the law relating to fisheries in  the Province of West  Pakistan.

WHEREAS it is expedient to amend and consolidate the law relating to fisheries in the Province of West Pakistan;

Preamble.

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. (1) This Ordinance may be called the West Pakistan Fisheries Ordinance, 1961.

Short title and extent.

(2) It extends to the whole   of the   \ [North-West   Frontier Province   except the Tribal Areas.]

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

Definitions.

(a) "Director of Fisheries" means the Director of Fisheries'
2[..........                            ....       ] and includes any person appointed by Government to discharge the functions of the Director 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 Government of the3[North West Frontier Province];

1. In section 1, sub-section (2), the word Province of West Pakistan, except the special Areas, the words North-West Frontier Province, except the Tribal areas substitute by K. W. F. P. Adaptation of laws Order, 1975.

2.     Omitted by.   .   .   ......ibid.

1. In section 2, in clanse (b) the words West Pakistan the words North-West  Frontier Province subs, by N. W. F. P. Adaptation of laws Order, 1975.

Fisheries               W.P. Ord. XXX of 1961.
(e) licence", "permit", "special licence" and "special permit" mean, respectively, a licence, permit, special licence and special permit, issued under this Ordinance or any rule made there under;
(/) "prescribed" means prescribed by rules made under this Ordinance ;
(g) "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;
(h) "water" includes the sea within a distance of one marine league of the sea coast.

Appointment of inspectors of Fisheries.

3.     (1) Government may, by notification, appoint such person 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.

Power of the director to lease out any water oiled than private water.

4. (1) The Director 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 put, on such conditions as may be prescribed, the right to catch fish in any water other than private water.

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

Power of the lessee to issue permit.

5     (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 (I) shall cease to be valid upon the termination or cancellation of the lease in favour of the person issuing the permit.
W.P. Ord. XXX of 1961                   Fisheries

6. No person shall use 1[any dynamite, electric shock or other explosive subs tance] in any water with intent there by to catch o: destroy any of the fish that may be therein.	Destruction of fish by explosive.
7. No person shall put any poison, lime or noxious material into any water with intent thereby to catch or destroy any fish that ma> be therein.	Destruction of fish by poisoning water.
8. 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.	Fish that shall not be taken.
9. (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 columns of the said Schedule and under a licence or permit issued under this Ordinance 2[ : ]	Net, fixed engine trap, etc, shall not be employed without a permit or licence.

3[Provided that in the case of trout, only such gear and in such number shall be used or employed as may be specified in the licence or permit,
(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.

10. Every person in possession of any fishing licence or permit shall produce his licfence 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 of Fisheries.	Duty to produce licence or permit on demand made by employees of Fisheries Department.
11. (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 of Fisheries.	Power to declare any water to be a sanctuary for fish.

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

1. Subs by. N. W.F.P. Act. 4. No. I of 1991.
2. In section-9,   in sub-section (1), at the end the full-stop, subs, by a colon    N.W.FP. Ord. II of 1982.
3. 1ns by.............  ibid.

Fisheries                W.P. Ord. XXX of 1961

Duty of Lambardars Village Watchmen etc.	12. 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 of Fisheries, information in res­pect of any un-authorised netting, killing or other offence under this Ordinance committed within the limits of his village or circle, as the case may be, as soon as the commission of such offence comes to his knowledge.
Power of magistrate to issue search warrant.	13.   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.
Power to search without warrant	14.   An Inspector of Fisheries may, without   a warant    from Magistrate, search any person, vessel, rack, chicle, ship, boat, raft package, receptacle or covering so as to satisfy himself as to whethe or not an offence under this Ordinance has been committed.
Arrest without warrant for offences under this Ordinance.	15. (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 un-known 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.

Power seizure.	16. An Inspector of Fisheries, or any person authorised in this behalf by the  Director of Fisheries, may take possession of any 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.
Penalties.	17.    1[Whoever—

1.    Subs, by N. W. F. P. Ord. No. II of 1982.

W . P. Ord. XXX of 1961                              Fisheries

1. contravenes the provisions of section 6 or 7 shall be punished with rigorous imprisonment which may extend to six months and with a fine which may extend to five thousand rupees; provided that the minimum punishment for the contravention of the above provisions shall not be less than three months rigorous imprisonment and a fine of three thousand rupees;
2. contravenes the provisions of section 8, 9, 10 or 12 shall be punished with imprisonment of either description which may extend to three months or with fine which may extend to one thousand rupees or with both; and
3. contravenes the provisions of section 11 shall be punish d with imprisonment of either description which may extend to six months or with fine which may extend to five thousand rupees or with both.

18. 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.	Police assistance.
19. No Court shall take cognizance of any offence under this Ordinance except on the complaint in writing of an Inspector of Fisheries.	Persons who may lodge complaints.
20. The Court may order the confiscation of any net, trap, cage or other contrivance for taking fish, or fixed engine employed in the commission of an offence under this Ordinance.	Confiscation of any met trap, cage etc.
21. If an offence in respect of this Ordinance is committed within 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.	Urisdiction as respect offences within one marine league of sea coast.
22. 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 there under.	Protection taken under this Ordinance.
23.    Government may, by notification.—	Power of Govern-ment to add or exclude from First Schedule.

1. add to or exclude from the First Schedule any species of fish subject to such conditions as it may impose in each case;
2. alter the period during which any fish specified in the First Schedule may be killed or captured.

Fisheries              W.P. Ord. XXX of 1961

Power to compound certain offences.

24.     (1) Government may, by notification, empoewer 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.

Delegation of rules.	25. 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.
Power to make rules.	26. (1) Government may make rules1 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 of Fisheries may lease the right to catch fish under this Ordinance

1.    For rules, see W. P. Gazette P art I, tinted 1st October 1965, P. 1205.

W. P. Ord. XXX of 1961                     Fisheries

1. in the case of any species of fish,  the number and sex that may be killed under a licence;
2. the rewards to persons who render help in detection of , offences under this Ordinance;
3. the utilization of receipts recovered under this Ordinance;
4. prohibit or regulate all or any of the following matters
1. the erection and use of fixed engines;
2. the construction of weirs; and
3. the dimension and kind of nets. cages, traps or other contrivances for taking fish to be used and the modes of using them,

(3) Such rules may provide that a breach thereof shall be punished with a fine not exceeding fifty rupees.
27     1[......    ]

1.    Section 27 omitted by N, W.F. P. Adaptation of laws Order, 1975,

Fisheries                                 W.P. Ord. XXX of 1961
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	1st June to 31st August.
4	Mori	12	1st June to 31st August.
5	Thaila	12	1st June to 13th August.

1[SECOND SCHEDULE]
(Section 24)
Maximum amount acceptable by way of composition for certain offences

Serial No.	Description of offences	Maximum amount which may be accepced as composition
1	2	3
1	Fishing with out a licence or Permit	Two hundred rupees or rupees 25 per fish whichever is more.
2	Killing fish of assize less than the prescribed size.	One hundred rupees or rupees 10 per fish whichever is more.
3	Fishing with any gear or method other than that permitted under the rules.	Two hundred rupees in case of trout fish and one hundred rupeesin case of other species.
4	Using at any one time more than the prescribed number of gears permitted under the rules	One hundred rupees for each extra gear
5	Fishing with a net having a smaller mesh than the prescribed mesh.	One hundred rupees for each net used.
6	Licence holder employing or engaging non-licences to help him with his nets while fishing.	One hundred rupees per person.
7	Offering or exposing for sale or barter any fish in contravention of the provision of this ordinance or the rules made there under.	One hundred rupees.

1.   The 2nd Sehedule Subs.by N.W.F.P. Ord. No. II of 1982, Section-4.