(b) In addition to the penalty as provided above, the nets and all other fishing equipments used in the commission of the offence shall be liable to confiscation.
42.
43.
44.
45.
46.
(a) a Co-operative Fishery Society formed by the actual fisherman belonging to the Scheduled Castes/Maimal Community of Cachar/Scheduled Tribes/other Backward Classes and registered under the Assam Co-operative Societies Act, 1949 shall be given option to accept settlement of Fisheries at the highest tender out of not less than 40 per cent quota : Provided that the tender of such a Co-operative Society is within 7½ per cent of the highest tender;
(b) when the tenders of such Co-operative Societies are below 7½ per cent of the highest tender, (i) Co-operative Societies as stated above, (ii) individual members of actual fishermen belonging to the Scheduled Castes and the Maimal Community of the district of Cachar, (iii) individual members of the Scheduled Tribes and the other Backward Classes who may submit tenders at not less than 60 per cent of the highest tender, may be given option to accept settlement of fisheries out of the quota as stated in sub-rule (a) above, at the highest tender in order of preference stated above subject to the suitability of the tenderer;
(c) when the fishery of the category as referred to in sub-rule (a) above fetching a tender not exceeding Rs. 50,000 (Rupees fifty thousand) per annum is settled with any individual member from actual fishermen belonging to Scheduled Castes/Scheduled Tribes/Maimal Community of the District of Cachar or other Backward Classes, the tenderer shall get a rebate of 7½ per cent as concession. But when such a fishery, the tender for which does not exceed rupees one lakh per annum is settled with a Fishery Co-operative Society formed by members of the aforesaid community, the tenderer society shall be entitled to a rebate of ten per cent as concession :
(d) any tenderer who may claim the concession as provided in this rule shall indicate the same in his tender.
47.
48.
49.
50.
51.
52.
Appendix A
Appendix A
Sale Notice
Sale Notice
(b) Fishery Co-operative Societies formed with 100 per cent share-holders from members of actual fishermen belonging to the Scheduled Castes of the State and/or Maimal Community of the District of Cachar with whom the settlement of any fishery is made shall have to furnish as cash security, on the day of settlement, a sum equal to one-tenth of the revenue of the fishery for the first year of the full term of settlement.
(i) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia (Mahasol), Gharia of below 23 cm. in length; and
(ii) Mali, Kurhi and Bhagan of below 10 cm. in length;
(b) For Fishery Co-operative Societies with 100 per cent shareholders from actual fishermen belonging to Scheduled Castes/Maimal Community, one-tenth of revenue for 1st year of the full term of settlement to be deposited towards cash security.
Tender for Settlement of Fisheries
Tender for Settlement of Fisheries
*[One tender Form should be used for one fishery or a group of fisheries]
Declaration
Declaration
Signature of tenderer with date......
Serial No.
Name of fishery
Mauza
Term of last settlement
Price of last settlement.
No. RF. 126/53/14, dated the 21st December, 1954.
Form No. 98
Form No. 98
Fishery Lease
Fishery Lease
(For use in Assam District)
No....of...
I. You shall permit the raiyats of the adjoining villages to catch fish for their own consumption only and not for sale, on payment to you of a fee of 4 annas per net or basket per annum and you shall not exact any other fee from them on any account whatever.
I.
II. You shall not, without the sanction of the Deputy Commissioner/Sub-divisional Officer, raise the rates at which you levy fees from persons who catch fish for sale above the rates paid in the preceding year.
II.
III. Should you fail to pay the revenue, upon the dates named below the same shall be recoverable from you as if it were an arrear of land revenue.
III.
IV. Your right acquired by this agreement extends only to the right of fishing and you shall not be at liberty to appropriate or cause injury to any produce trees, crops, grass, etc., within the limits of this fishery; you shall be responsible for any damage caused to the fishery through any act done by you or negligence on your part; you have not, and shall not exercise of any right to levy duties on, or to hinder or prevent any boats or rifts passing over or anchoring within the limits of this fishery and you shall not catch fish by means of poisoning or intoxicating drugs. You shall maintain the customary embankments and channels required for the proper conduct of the fishery but shall not construct any new embankments or cut any new channels, or raise any bank above the customary level without the permission of the Deputy Commissioner/Sub-divisional Officer.
IV.
IVA. You shall not without previous sanction of the Deputy Commissioner/Sub-divisional Officer, employ any person in preference to local fishermen of the Scheduled Castes for working the fishery.
IVA.
V. No allegation on your part of any losses incurred by inundation, draught or scarcity of fish, or other accidental occurrence, shall be of any avail to excuse you from payment in full of the revenue you have engaged to pay.
V.
VI. You shall have no power to sell your right of lease of this fishery or to sublet it to any one, or to admit any one as partner, without informing the Deputy Commissioner/Sub-divisional Officer who may refuse his sanction thereto.
VI.
VII. Should you, or your partner, or any person holding from you infringe of the condition of this lease, the Deputy Commissioner/Sub-divisional Officer may cancel your lease of his own authority, in which case all sums paid by you will be forfeited and you will further be held liable for any loss which may be incurred by Government in releasing the fishery by the Deputy Commissioner/Sub-divisional Officer.
VII.
VIII. Instalments. - When security is taken, the following instalments are allowed subject to approval of the Deputy Commissioner/Sub-divisional Officer in the year of lease term :
VIII.
Security. - (1)(a) For successful tenderers including Co-operative Societies formed by Communities other than fishermen belonging to Scheduled Castes/Maimal Community, one-fourth of revenue for first year of the full term of settlement to be deposited towards cash security.
(b) For Fishery Co-operative Societies with 100 per cent shareholders from actual fishermen belonging to Schedule Castes/Maimal Community, one-tenth of revenue, for first year of the full term of settlement to be deposited towards cash security.
(2) 25 per cent of one year's revenue on or before 15th December, 50 per cent of one year's revenue on or before 15th January, and 25 per cent of one year's revenue on or before 15th February.
IX. You shall not use dynamite or other explosives for the purposes of catching fish and if you do so, you shall be punished under the penalties provided by Section 4, Act 4 of 1897.
IX.
X. This settlement is subject to the provisions of the Assam Land and Revenue Regulation, 1886, and the rules that may have been, or may hereafter be made thereunder, as well as the instruction relating to Government fisheries that may have been, or may hereafter be published in the Assam Land Revenue Manual.
X.
Form No. 99
Form No. 99
Fishery Acceptance Form
Fishery Acceptance Form
The Deputy Commissioner/Sub-divisional Officer of..........
Dated.........
Form No. 101
Form No. 101
Notice of Sale of Fisheries
Notice of Sale of Fisheries
(1) The Officer conducting the sale does not bind himself to accept the highest tender or any tender and reserves the discretion to settle the fishery or group of fisheries for either a longer or a shorter term than that specified.
(2) Any tender including Co-operative Societies formed by communities other than members of actual fishermen belonging to Scheduled Castes or members of the Maimal Community of the District of Cachar shall, immediately after the acceptance of their tenders, furnish in cash as security a sum equal to twenty five per cent of the revenue of the fishery for the first year of the full term of settlement:
(3) If the tenderer fails to execute a counterpart within one month from the date of the sale, the fishery shall be sold at his risk and he shall be bound to make good the difference between his tender and the amount realised by the subsequent sale, calculated on the whole period of settlement.
(4) If the tenderer fails to execute a counterpart within one month of the date of the sale or if he fails to do anything which he is required or bound to do under sub-paragraphs (2) and (3) above, the Deputy Commissioner/ Sub-divisional Officer may further direct that he shall also forfeit the security furnished if any or any portion of it.
(5) In the river fisheries the use of mahajal and fishing by means of Kattaha are prohibited unless specifically allowed.
(6) The beel fisheries may not be drained completely dry unless specifically allowed.
(7) Should the lessee or any of his agent infringes any of the conditions of his lease, the Deputy Commissioner/Sub-divisional Officer may cancel the lease in which case all sums paid by the lessee on account of the fishery will be forfeited and the lessee will be liable for any loss incurred by the Government in the re-settlement of fishery.
(8) The settlement will be subject to the Commissioner's approval.
(9) You shall not without previous sanction of the Deputy Commissioner/Sub-divisional Officer, employ any person in preference to local fishermen of the Scheduled Castes or Maimal Community for working the fishery.
(10) Settlement of fishery or a group of fisheries. - (a) Co-operative Fishery Society formed by actual fishermen belonging to the Scheduled Castes/Maimal Community of the District of Cachar/Scheduled Tribes/other Backward Classes and registered under the Assam Cooperative Societies Act, 1949, including individual members of the said community shall be given option to accept settlement out of not less than 40 per cent quota of fisheries notified for settlement at the highest tender; provided that the tender of such co-operative or individual member is within 7½ per cent of the highest tender.
(b) When the tender of such a society is below 7½ per cent of the highest tender : (i) Co-operative Society as stated above, (ii) Individual member of actual fishermen belonging to the Scheduled Castes or Maimal Community of the District of Cachar, (iii) Individual member of the Scheduled Castes and other Backward Classes who may offer a tender not less than 60 per cent of the highest tender may be given option to accept settlement of the fishery out of quota of not less than 40 per cent of the fisheries notified for settlement at the highest tender in order of preference stated above, subject to the suitability of tenderer.
(11) The tenders which must be sent in sealed covers and superscribed as "Tender for Fishery" should be addressed to the undersigned by name and will be received up to p.m. on....the.and the settlement will be made on from..............a.m.
(12)(a) Each tender should be for one fishery or a group of fisheries proposed to be sold in a to and must accompany a treasury challan showing deposit of Rs. 10 as tender fee without which no tender will be considered. In no case the aforesaid fee will be refunded.
(b) Each tender should be accompanied with certified copies of Income-tax Clearance Certificate, Sales Tax Clearance Certificate and Caste Certificate.
(c) Any settlement will be liable to be cancelled if it is proved to the satisfaction of the settling authority that in the tender any wrong statement specially as to caste has been made.
(13) Fishing by nets including Barjal, Mahajal (Gill net) Mosharijal with meshes less than 7 c.m. bar/14 c.m. mesh is prohibited during the first day of the month of May and the fifteenth day of the month of July, both days inclusive :
(13A) Catching of the following breed fish (fish carrying eggs and sperm) namely :
(a) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia, Gharia and Kurhi, is prohibited during the breeding season, that is between the first day of May and the fifteenth day of July, both days inclusive;
(b) Catching and killing for consumption or for sale of under-sized fish of the following species and sizes, namely :
(i) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia, (Mahasol), Gharia of below 23 c.m. in length;
(ii) Mali Kurhi and Bhagan of below 10 c.m. in length is prohibited between the first day of August and the thirty first of October;
(c) All under-sized fish specified under (13-A)(b) above, caught in the net in course of fishing in any fishery, doabas or beels shall either be let off in live condition into the fishery or supplied to the Fishery Department by the lessee and he will be paid for at the rates as may be fixed by the Government from time to time.
(14) No moving Bana with gaps less than 7 cm. sq. should be used as a contrivance for fishing between the first day of May and the fifteenth day. of July.
(15) Bana with less than 7 c.m. sq. may be used at the mouth of fisheries for draining out water during fishing season excepting the period between the first day of May and the fifteenth day of July.
(16) The successful tenderer shall have to supply adequate quantity of fish to be fixed by the Deputy Commissioner/Sub-divisional Officer to the headquarter towns of the District/Sub-division or any other locality/localities where fish is particularly scarce and specified by the Deputy Commissioner/Sub-divisional Officer. No fish shall be sent outside the State except by a permit to be issued by the State Government.
(17) The successful tenderer shall have to produce valid patta or certified copy of Jamabandi in respect of land owned by him or any other acceptable proof of his financial stability. The tenderer must be required also to produce a certificate as proof of his not being a defaulter with regard to any Government dues.
Section 41 • Fishery Rules
41. Penalties on breach of rules.
fishery-rules-sec-41.json
•
Section 41
{
"act_title": "Fishery Rules",
"act_slug": "fishery-rules",
"section_label": "Section",
"section": {
"number": "41",
"title": "41. Penalties on breach of rules.",
"chapter": null,
"content": "(b) In addition to the penalty as provided above, the nets and all other fishing equipments used in the commission of the offence shall be liable to confiscation.\n42.\n43.\n44.\n45.\n46.\n(a) a Co-operative Fishery Society formed by the actual fisherman belonging to the Scheduled Castes/Maimal Community of Cachar/Scheduled Tribes/other Backward Classes and registered under the Assam Co-operative Societies Act, 1949 shall be given option to accept settlement of Fisheries at the highest tender out of not less than 40 per cent quota : Provided that the tender of such a Co-operative Society is within 7½ per cent of the highest tender;\n(b) when the tenders of such Co-operative Societies are below 7½ per cent of the highest tender, (i) Co-operative Societies as stated above, (ii) individual members of actual fishermen belonging to the Scheduled Castes and the Maimal Community of the district of Cachar, (iii) individual members of the Scheduled Tribes and the other Backward Classes who may submit tenders at not less than 60 per cent of the highest tender, may be given option to accept settlement of fisheries out of the quota as stated in sub-rule (a) above, at the highest tender in order of preference stated above subject to the suitability of the tenderer;\n(c) when the fishery of the category as referred to in sub-rule (a) above fetching a tender not exceeding Rs. 50,000 (Rupees fifty thousand) per annum is settled with any individual member from actual fishermen belonging to Scheduled Castes/Scheduled Tribes/Maimal Community of the District of Cachar or other Backward Classes, the tenderer shall get a rebate of 7½ per cent as concession. But when such a fishery, the tender for which does not exceed rupees one lakh per annum is settled with a Fishery Co-operative Society formed by members of the aforesaid community, the tenderer society shall be entitled to a rebate of ten per cent as concession :\n(d) any tenderer who may claim the concession as provided in this rule shall indicate the same in his tender.\n47.\n48.\n49.\n50.\n51.\n52.\nAppendix A\nAppendix A\nSale Notice\nSale Notice\n(b) Fishery Co-operative Societies formed with 100 per cent share-holders from members of actual fishermen belonging to the Scheduled Castes of the State and/or Maimal Community of the District of Cachar with whom the settlement of any fishery is made shall have to furnish as cash security, on the day of settlement, a sum equal to one-tenth of the revenue of the fishery for the first year of the full term of settlement.\n(i) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia (Mahasol), Gharia of below 23 cm. in length; and\n(ii) Mali, Kurhi and Bhagan of below 10 cm. in length;\n(b) For Fishery Co-operative Societies with 100 per cent shareholders from actual fishermen belonging to Scheduled Castes/Maimal Community, one-tenth of revenue for 1st year of the full term of settlement to be deposited towards cash security.\nTender for Settlement of Fisheries\nTender for Settlement of Fisheries\n*[One tender Form should be used for one fishery or a group of fisheries]\nDeclaration\nDeclaration\nSignature of tenderer with date......\nSerial No.\nName of fishery\nMauza\nTerm of last settlement\nPrice of last settlement.\nNo. RF. 126/53/14, dated the 21st December, 1954.\nForm No. 98\nForm No. 98\nFishery Lease\nFishery Lease\n(For use in Assam District)\nNo....of...\nI. You shall permit the raiyats of the adjoining villages to catch fish for their own consumption only and not for sale, on payment to you of a fee of 4 annas per net or basket per annum and you shall not exact any other fee from them on any account whatever.\nI.\nII. You shall not, without the sanction of the Deputy Commissioner/Sub-divisional Officer, raise the rates at which you levy fees from persons who catch fish for sale above the rates paid in the preceding year.\nII.\nIII. Should you fail to pay the revenue, upon the dates named below the same shall be recoverable from you as if it were an arrear of land revenue.\nIII.\nIV. Your right acquired by this agreement extends only to the right of fishing and you shall not be at liberty to appropriate or cause injury to any produce trees, crops, grass, etc., within the limits of this fishery; you shall be responsible for any damage caused to the fishery through any act done by you or negligence on your part; you have not, and shall not exercise of any right to levy duties on, or to hinder or prevent any boats or rifts passing over or anchoring within the limits of this fishery and you shall not catch fish by means of poisoning or intoxicating drugs. You shall maintain the customary embankments and channels required for the proper conduct of the fishery but shall not construct any new embankments or cut any new channels, or raise any bank above the customary level without the permission of the Deputy Commissioner/Sub-divisional Officer.\nIV.\nIVA. You shall not without previous sanction of the Deputy Commissioner/Sub-divisional Officer, employ any person in preference to local fishermen of the Scheduled Castes for working the fishery.\nIVA.\nV. No allegation on your part of any losses incurred by inundation, draught or scarcity of fish, or other accidental occurrence, shall be of any avail to excuse you from payment in full of the revenue you have engaged to pay.\nV.\nVI. You shall have no power to sell your right of lease of this fishery or to sublet it to any one, or to admit any one as partner, without informing the Deputy Commissioner/Sub-divisional Officer who may refuse his sanction thereto.\nVI.\nVII. Should you, or your partner, or any person holding from you infringe of the condition of this lease, the Deputy Commissioner/Sub-divisional Officer may cancel your lease of his own authority, in which case all sums paid by you will be forfeited and you will further be held liable for any loss which may be incurred by Government in releasing the fishery by the Deputy Commissioner/Sub-divisional Officer.\nVII.\nVIII. Instalments. - When security is taken, the following instalments are allowed subject to approval of the Deputy Commissioner/Sub-divisional Officer in the year of lease term :\nVIII.\nSecurity. - (1)(a) For successful tenderers including Co-operative Societies formed by Communities other than fishermen belonging to Scheduled Castes/Maimal Community, one-fourth of revenue for first year of the full term of settlement to be deposited towards cash security.\n(b) For Fishery Co-operative Societies with 100 per cent shareholders from actual fishermen belonging to Schedule Castes/Maimal Community, one-tenth of revenue, for first year of the full term of settlement to be deposited towards cash security.\n(2) 25 per cent of one year's revenue on or before 15th December, 50 per cent of one year's revenue on or before 15th January, and 25 per cent of one year's revenue on or before 15th February.\nIX. You shall not use dynamite or other explosives for the purposes of catching fish and if you do so, you shall be punished under the penalties provided by Section 4, Act 4 of 1897.\nIX.\nX. This settlement is subject to the provisions of the Assam Land and Revenue Regulation, 1886, and the rules that may have been, or may hereafter be made thereunder, as well as the instruction relating to Government fisheries that may have been, or may hereafter be published in the Assam Land Revenue Manual.\nX.\nForm No. 99\nForm No. 99\nFishery Acceptance Form\nFishery Acceptance Form\nThe Deputy Commissioner/Sub-divisional Officer of..........\nDated.........\nForm No. 101\nForm No. 101\nNotice of Sale of Fisheries\nNotice of Sale of Fisheries\n(1) The Officer conducting the sale does not bind himself to accept the highest tender or any tender and reserves the discretion to settle the fishery or group of fisheries for either a longer or a shorter term than that specified.\n(2) Any tender including Co-operative Societies formed by communities other than members of actual fishermen belonging to Scheduled Castes or members of the Maimal Community of the District of Cachar shall, immediately after the acceptance of their tenders, furnish in cash as security a sum equal to twenty five per cent of the revenue of the fishery for the first year of the full term of settlement:\n(3) If the tenderer fails to execute a counterpart within one month from the date of the sale, the fishery shall be sold at his risk and he shall be bound to make good the difference between his tender and the amount realised by the subsequent sale, calculated on the whole period of settlement.\n(4) If the tenderer fails to execute a counterpart within one month of the date of the sale or if he fails to do anything which he is required or bound to do under sub-paragraphs (2) and (3) above, the Deputy Commissioner/ Sub-divisional Officer may further direct that he shall also forfeit the security furnished if any or any portion of it.\n(5) In the river fisheries the use of mahajal and fishing by means of Kattaha are prohibited unless specifically allowed.\n(6) The beel fisheries may not be drained completely dry unless specifically allowed.\n(7) Should the lessee or any of his agent infringes any of the conditions of his lease, the Deputy Commissioner/Sub-divisional Officer may cancel the lease in which case all sums paid by the lessee on account of the fishery will be forfeited and the lessee will be liable for any loss incurred by the Government in the re-settlement of fishery.\n(8) The settlement will be subject to the Commissioner's approval.\n(9) You shall not without previous sanction of the Deputy Commissioner/Sub-divisional Officer, employ any person in preference to local fishermen of the Scheduled Castes or Maimal Community for working the fishery.\n(10) Settlement of fishery or a group of fisheries. - (a) Co-operative Fishery Society formed by actual fishermen belonging to the Scheduled Castes/Maimal Community of the District of Cachar/Scheduled Tribes/other Backward Classes and registered under the Assam Cooperative Societies Act, 1949, including individual members of the said community shall be given option to accept settlement out of not less than 40 per cent quota of fisheries notified for settlement at the highest tender; provided that the tender of such co-operative or individual member is within 7½ per cent of the highest tender.\n(b) When the tender of such a society is below 7½ per cent of the highest tender : (i) Co-operative Society as stated above, (ii) Individual member of actual fishermen belonging to the Scheduled Castes or Maimal Community of the District of Cachar, (iii) Individual member of the Scheduled Castes and other Backward Classes who may offer a tender not less than 60 per cent of the highest tender may be given option to accept settlement of the fishery out of quota of not less than 40 per cent of the fisheries notified for settlement at the highest tender in order of preference stated above, subject to the suitability of tenderer.\n(11) The tenders which must be sent in sealed covers and superscribed as \"Tender for Fishery\" should be addressed to the undersigned by name and will be received up to p.m. on....the.and the settlement will be made on from..............a.m.\n(12)(a) Each tender should be for one fishery or a group of fisheries proposed to be sold in a to and must accompany a treasury challan showing deposit of Rs. 10 as tender fee without which no tender will be considered. In no case the aforesaid fee will be refunded.\n(b) Each tender should be accompanied with certified copies of Income-tax Clearance Certificate, Sales Tax Clearance Certificate and Caste Certificate.\n(c) Any settlement will be liable to be cancelled if it is proved to the satisfaction of the settling authority that in the tender any wrong statement specially as to caste has been made.\n(13) Fishing by nets including Barjal, Mahajal (Gill net) Mosharijal with meshes less than 7 c.m. bar/14 c.m. mesh is prohibited during the first day of the month of May and the fifteenth day of the month of July, both days inclusive :\n(13A) Catching of the following breed fish (fish carrying eggs and sperm) namely :\n(a) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia, Gharia and Kurhi, is prohibited during the breeding season, that is between the first day of May and the fifteenth day of July, both days inclusive;\n(b) Catching and killing for consumption or for sale of under-sized fish of the following species and sizes, namely :\n(i) Rahu, Catla, Mrigal, Chitai, Kharia, Pithia, (Mahasol), Gharia of below 23 c.m. in length;\n(ii) Mali Kurhi and Bhagan of below 10 c.m. in length is prohibited between the first day of August and the thirty first of October;\n(c) All under-sized fish specified under (13-A)(b) above, caught in the net in course of fishing in any fishery, doabas or beels shall either be let off in live condition into the fishery or supplied to the Fishery Department by the lessee and he will be paid for at the rates as may be fixed by the Government from time to time.\n(14) No moving Bana with gaps less than 7 cm. sq. should be used as a contrivance for fishing between the first day of May and the fifteenth day. of July.\n(15) Bana with less than 7 c.m. sq. may be used at the mouth of fisheries for draining out water during fishing season excepting the period between the first day of May and the fifteenth day of July.\n(16) The successful tenderer shall have to supply adequate quantity of fish to be fixed by the Deputy Commissioner/Sub-divisional Officer to the headquarter towns of the District/Sub-division or any other locality/localities where fish is particularly scarce and specified by the Deputy Commissioner/Sub-divisional Officer. No fish shall be sent outside the State except by a permit to be issued by the State Government.\n(17) The successful tenderer shall have to produce valid patta or certified copy of Jamabandi in respect of land owned by him or any other acceptable proof of his financial stability. The tenderer must be required also to produce a certificate as proof of his not being a defaulter with regard to any Government dues.",
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