In this rules, unless there is something repugnant in the subject or context-
- The term “fishery” means the waters declared to be a fishery by proclamation issued under section 16 of the Assam Land and Revenue Regulation,1886 (I of 1886) and includes Kheos or Fish ways, Dobas and Beels; and “Fish” includes Shell-fish and turtles;
- The term “year” means twelve months from the 1st April, to the 31st March.
Register of Fisheries
A registrar of Govt. Fishery (including navigable rivers which are public property), must be kept up by each Dist and sub-Divisional Officer in Form No.97 of the Assam Land Revenue Manual, Volume II and no alternation in the registrar, whether by the addition or removal of the Fisheries or revision of Fishery boundaries, may be made without the previous sanction of Govt.
Procedure for sale of Fisheries
- The Deputy Commissioner of the Addl. Deputy Commissioner in case of Sadar Sub-Divisions and the Sub-Divisional Officer in case of other Sub-Divisions shall annually fix of date, ordinarily not later than the (1st January) for the sale of all registered fisheries, held under leases expiring on the last day of the current year or which at the last previous auctions were reserved from sale under Rule-9. The date fixed shall be proclaimed by the Deputy Commissioner or the Addl. Deputy Commissioner or Sub-Divisional Officer at least a months in advance by a written notice in Form No.101 of the Assam Land Revenue Manual, Volume-II posted at the sadar or Sub-Divisional Cutchery as the case may be and at the Munsiff and police station within the local limits of which the Fishery or any part of it is situated. The notice shall state the name of the fishery, the Mauza or pargana within which it is situated, and any other particulars that may be necessary for its identification: the term and price for which it was sold at the last auction, and the term for which it will not be sold, and the date, place and conditions of sale. The Content of this notice shall also ( if possible), be made known by beat of drum at the Bazar nearest to the Fishery.
- The Fishery of the Sadar Sub-Division shall be sold by the Deputy Commissioner or the Addl. Deputy Commissioner or if so authorized by them in witting by the sadar Sub-Divisional officer and those of other Sub-Divisional shall be sold by respective Sub-Divisional Officer.
Provide that the procedure prescribe for fixation of date for the sale of all registered fisheries of proclamation of such date at least a month in advance by a written notice in Form No.101 of the Assam Land Revenue Manual Volume-II as amended hereinafter shall not apply in respect of the sale of the such fisheries, for the year 1971-72.
Condition of Sale
The Following conditions of the sale shall be specified in the notice and shall be proclaimed before the sale begins.
- The Officer conducting the sale does not bind himself to accept the highest tender or any tender
- Conditions of sale of Fisheries: Any tenders including Co-operative Societies formed by Communities other than members of actual fisherman belong to Scheduled Castes or members of Maimal Community of the Dist. of Cachar.
Provide that Fisheries Co-operative Societies with 100 percent share holder from members of actual Fisherman belong to Scheduled Caste of the state or Maimal Community of the Dist. of Cachar and registered under the Assam Co-operative Societies Act. 1949.
- If the purchase fails to execute a counterpart within one month from the date of the sale the fishery shall be re-bold at his risk and he shall be bound to make good the different between his tender and the amount realized by the subsequent sale, calculated on the whole period of settlement.
Provided that the Deputy Commissioner or the sub-Divisional Officer may, for special reasons require him to make good only the difference between his tender for one year of the settlement and the amount reased for that period by the subsequent sale.
- If the purchaser fail to execute a counter-part 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-paragraph 2 and 3 above, the Deputy Commissioner or the Sub-Divisional Officer may further direct that he shall also forfeit the security furnished, if any or may portion of fit.
- Settling Authority:
(a) The Deputy Commissioner or the Addl. Deputy Commissioner in case of Sadar Sub-Divisions and the Sub-Divisional Officer in case of other Sub-Divisions shall be the authorities for settlement of all registered fisheries, under tender systems of sale in their respective Jurisdiction.
(b ) Extension of the term of leases: (i) where the period of leases of registered fisheries, being ordinarily not less than three years is interfered with due to any natural cause or for any unavoidable reasons beyond the control of the lessees. (ii) The State Govt. may also on the recommendation of the Director of Fisheries, extend the period of lease of a fishery with an intending pisciculturist who should invariably be the sitting lessee and who agrees to accept such an extension at a revenue. Provided that one of the conditions of extensions of leases aginst piscicultural plan shall invariably be the implementation of approved Scheme or Schemes of Devt. And improvement of such a fishery at the lessee’s own cost within a target period to be fixed by Govt..
(c ) Development of Fisheries and their consequential settlement: The state Govt. on expiry of the term of settlement may at any time, by a notification in the official Gazette, stop any fishery from further settlement under tender system and vest management of such a fishery with the Director of Fisheries for devt..
Provided that the Director of Fisheries, may call for tenders consistent with the relevant provisions of these rules for settlement of such a fishery and submit the same with his view thereon within fifteen days of the date of opening the tenders to Government for approval. Provide further that such settlement shall not interfere or conflict with the work of Devt. Of such a fishery and that the provisions of Rule-50 of the fishery rules will not apply in case of such settlement..
(d ) Confirmation of sale: All sales of fisheries in the Dict. Made by the Deputy Commissioner or Sub-Divisional Officer shall be reported not later than seven days from the date of such sales to the Commissioners of Divisions for confirmation in Form No. 100 of the Assam Land Revenue Manual, Volume-II confirmation orders must be passed within a period of thirty days from the date of receipt of such Proposal.
(e ) Re-Sale of Fisheries: When for default of Kist money or for violation of nay of the conditions of the fishery lease including any of the provisions of these rules by a lessee the fishery shall be put to re-sale under tender systems at the risk of original lessee. Notice of re-sale shall be given as in the case of the original sale with additional provision that the re-sale shall be at the risk of and on account of the original lessee.
- Except those referred to in sub-rule No. 8 (b ) above , all registered Fisheries shall be settled under tender systems of sale in place of sale auction. Provided that the Govt. shall settle a 60% category fishery with special category of Co-operative Societies, Non-Government Organization and Self-Help Groups consisting of 100% actual fisherman in the neighborhood of the Fishery concerned by the tender system. Explanation-1 : For the purpose of this rule the words special category means and includes the Co-operative Societies, Self-Help Groups, Non-Government Organization comprising of 100% actual fisherman of the Scheduled Cast Community or Maimal Community of erstwhile Cachar Dist. who cannot participate in Comparative bidding because of poor financial conditions due to famine, flood, draught, epidemic of any other circumstances which are beyond control of the society, Non-Government Organization or Self-Help Groups as the case may be: Explanation-2 for the purpose of this rule a 60% category fishery Means 60% of registered fisheries, available in a Civil Sub-Division eligible for settlement in a particular year.
- Restriction of fishing during breeding season of catching and selling of under sized fish: 1. Catching of brood fish (Fish carring eggs and sperm) of the following species namely, Rohu, Catla, Bahu Mrigal, Mali Calbasu Cnital, Kharia, Pithia Mahasol Gharia and Kuri (Gonius) is prohibited during season beginning from the first day of the month of may and ending on the fifteenth day of the month of july both days inclusive, in any proclaimed fishery. (2) Catching and killing by any method of fish for any purpose whatsoever including consumption and selling of under sized fish of the following species, namely, Rohu, Catla, Bahu, Mrigal, Chital Kahria, Pithia (Mahasul) Gharia below 23 cm in length and Mali (Calbasu) Gonius, kurhi/Bhagan below 10 cm in length is prohibited between the first day of August and 31st Oct.3 (3) All under sized fish specified in sub-rule (2) above caught in the nets shall either be let off into the fishery or supplied to the Fisheries Deptt. by the lessee in live conditions at the rate to be fixed by Govt. from time to time.
- The Govt. may from time to time select any fishery or Fisheries to be settled by tender system and instruct Deputy Commissioner or the Sub-Divisional Officer to lease them out for any specified period.
- On receipt of Govt. instruction in any particular year the Deputy Commissioner or the Sub-Divisional Officer shall fix a date not later than the 5th February on which the settlement of the registered fisheries selected by Govt. will be made by him after calling for tenders from the public. The date fixed shall be proclaimed by the Deputy Commissioner or Sub-Divisional Officer at least a month in advance by a written notice in the form in Appendix-A posted at eh Sadar and Sub-Divisional Cutchery and at the Munsiff and police station within the local limits of which the fishery or any part of it situated.
- The place of settlement shall be the Sub-Divisional Cutchery for fisheries, lying with an outlying Sub-Division of a Dist. and the Sadar Cutchery of the Dist. for those in the headquarters Sub-Division.
- The Deputy Commissioner or the Sub-Division Officer as the case may be shall open the tenders in the presence of any Advisory Board consisting of not less than 5 persons out of which one member should preferably by from actual fisherman of the Scheduled Castes called at the moment. The selection of members of the Board shall be strictly confidential.