West Pakistan Fisheries Ordinance, 1961.
Article 1. - (1) This Ordinance may be called the West Pakistan Fisheries
Ordinance, 1961.
(2) It extends to the whole of the Province of West Pakistan, except the
Special Areas.
Article 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:
(a) "Director of Fisheries" means the Director of Fisheries, West
Pakistan, 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 stationary in any other way;
(d) "Government" means the Government of West Pakistan;
(e) "Licenc e'", "permit", "special licence" and "special permit" mean,
respectively, a licence, permit, special licence and special permit,
issued under this Ordinance or any rule made thereunder;
(f) "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 reasons 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.
Article 3. - (1) Government may, by notification, appoint such persons 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 (Xl.V of 1860).
Article 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 out, 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
(1), and remaining unpaid one month after it has become so due, may be
recovered as arrears of land-revenue.
Article 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 to fish wherein has been leased to him.
(2) A permit issued under sub-section (1) shall cease to be valid upon
the termination or cancellation of the lease in favour of the person issuing
the permit.
Article 6. - No person shall use any dynamite or other explosive substance in
any water with intent thereby to catch or destroy any of the fish that may be
therein.
Article 7. - No person shall put any poison, lime or noxious material into any
water with intent thereby to catch or destroy any fish that may be therein.
Article 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.
Article 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 column of the said Schedule and under a licence or permit issued
under this Ordinance.
(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.
Article 10. - Every person in possession of any fishing licence or permit
shall produce his licence 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.
Article 11. - (1) Notwithstanding anything contained in this Ordinance,
Government may, by notification, declare any water to be a sanctuary for fish
mentioned in the First Schedule for a period which maybe 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.
(2) The water in respect of which a notification under this section is
made shall be demarcated in such manner as may be prescribed.
West Pakistan Fisheries Ordinance, 1961.Article 1. - (1) This Ordinance may be called the West Pakistan FisheriesOrdinance, 1961.(2) It extends to the whole of the Province of West Pakistan, except theSpecial Areas.Article 2. - In this Ordinance, unless the context otherwise requires, thefollowing expressions shall have the meanings hereby respectively assigned tothem, that is to say:(a) "Director of Fisheries" means the Director of Fisheries, WestPakistan, and includes any person appointed by Government todischarge the functions of the Director of Fisheries under thisOrdinance;(b) "Fish" includes shell fish;(c) "fixed engine" means any net, cage, trap, or other contrivance fortaking fish, fixed in the soil or made stationary in any other way;(d) "Government" means the Government of West Pakistan;(e) "Licenc e'", "permit", "special licence" and "special permit" mean,respectively, a licence, permit, special licence and special permit,issued under this Ordinance or any rule made thereunder;(f) "Prescribed" means prescribed by rules made under this Ordinance;(g) "Private water" means water which is the exclusive property of anyperson, or in which any person has for the time being an exclusiveright of fishery, whether as owner, lessee or in any other capacity;Explanation - Water shall not cease to be "private water" within themeaning of this definition by reasons only that other persons may have bycustom a right of fishery therein;(h) "Water" includes the sea within a distance of one marine league ofthe sea coast.Article 3. - (1) Government may, by notification, appoint such persons as itthinks fit to be Inspectors of Fisheries for the purposes of this Ordinancewithin such local limits as may be specified.(2) Inspectors of Fisheries shall be deemed to be public servants withinthe meaning of section 21 of the Pakistan Penal Code (Xl.V of 1860).Article 4. - (1) The Director of Fisheries, or such other officer as he mayempower in this behalf by general or special order in writing, may, for aperiod not exceeding three years, lease out, on such conditions as may beprescribed, the right to catch fish in any water other than private water.(2) Any amount due to Government under the provisions of sub-section(1), and remaining unpaid one month after it has become so due, may berecovered as arrears of land-revenue.Article 5. - (1) The person in whose favour a lease under section 4 isgranted, may issue permits in such form, subject to such conditions and onpayment of such fees, as may be prescribed, for the taking of fish in thewater the right to fish wherein has been leased to him.(2) A permit issued under sub-section (1) shall cease to be valid uponthe termination or cancellation of the lease in favour of the person issuingthe permit.Article 6. - No person shall use any dynamite or other explosive substance inany water with intent thereby to catch or destroy any of the fish that may betherein.Article 7. - No person shall put any poison, lime or noxious material into anywater with intent thereby to catch or destroy any fish that may be therein.Article 8. - No person shall kill, capture, or possess any species of fishspecified in the second column of the First Schedule, of a size less than thatspecified in the third column of the said Schedule against such species.Article 9. - (1) No person shall use or employ for the capture of any speciesof fish specified in the First Schedule, in any water other than privatewater, any net, cage, trap or other contrivance for taking fish, or fixedengine, except during the period permitted in respect of such species underthe fourth column of the said Schedule and under a licence or permit issuedunder this Ordinance.(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.Article 10. - Every person in possession of any fishing licence or permitshall produce his licence or permit, as the case may be, on a demand made bythe Inspector of Fisheries or any other person authorised in this behalf bythe Director of Fisheries.Article 11. - (1) Notwithstanding anything contained in this Ordinance,Government may, by notification, declare any water to be a sanctuary for fishmentioned in the First Schedule for a period which maybe specified, andduring such period no person shall kill, capture or possess such fish withouta special permit issued under this Ordinance by the Director of Fisheries.(2) The water in respect of which a notification under this section ismade shall be demarcated in such manner as may be prescribed.
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