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.

           (2) It extends to the whole   of the   [1][Province of Khyber Pakhtunkhwa   except the Tribal Areas.]

Short title and extent.

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
[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 the[3][Khyber Pakhtunkhwa];

(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;

(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 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.

Definitions.

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.

Appointment of Inspectors of Fisheries.

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.

Powers of the Director to lease out any water other than private water.

 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.

Power of the lessee to issue permit.

6.         No person shall use [4][any dynamite, electric shock or other explosive subs tance] in any water with intent there by to catch or 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 may 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 [5][:]

            [6][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.

Net, fixed engine trap, etc, shall not be employed without a permit or licence.

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.

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

Power to declare any water to be a sanctuary for fish.

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.

Duty of Lambardar Village Watchmen etc.

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 of magistrate to issue search warrant.

14.       An Inspector of Fisheries may, without   a warant    from Magistrate, search any person, vessel, rack, vehicle, ship, boat, raft package, receptacle or covering so as to satisfy himself as to whether or not an offence under this Ordinance has been committed.

Power to search without warrant.

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:

Arrest without warrant for offences under this Ordinance.

16.       An Inspector of Fisheries, or any person authorized 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.

Power of seizure.

17.       [7][Whoever—

(a)    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;]

(b)   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

(c)    contravenes the provisions of section 11 shall be punished with imprisonment of either description which may extend to six months or with fine which may extend to five thousand rupees or with both.

Penalties.

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 net 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.

Jurisdiction 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.—

(i)     add to or exclude from the First Schedule any species of fish subject to such conditions as it may impose in each case;

(ii)   alter the period during which any fish specified in the First Schedule may be killed or captured.

Power of Government to add or exclude from First Schedule.

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

Power to compound certain offences.

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.

Delegation of Powers.

26.       (1) Government may make rules[8] 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;

(e)    in the case of any species of fish,  the number and sex that may be killed under a licence;

(f)    the rewards to persons who render help in detection of , offences under this Ordinance;

(g)   the utilization of receipts recovered under this Ordinance;

(h)   prohibit or regulate all or any of the following matters —

(i)     the erection and use of fixed engines;

(ii)   the construction of weirs; and

(iii) 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.       [9][* * * ].

Power to make rules.