The Maharashtra Fisheries Act, 1960

This Act establishes the framework for regulating fishing activities throughout the State of Maharashtra, including its territorial waters. It defines key terms such as "fish," "fixed engine," and "private water," while outlining the regulatory powers of the State Government to protect fisheries through rules concerning equipment, seasonal prohibitions, and the management of minor water bodies. Additionally, the Act details enforcement mechanisms, penalties for destructive methods like the use of explosives, and the legal procedures for arrests, prosecutions, and the compounding of specific offences.

Summary of The Maharashtra Fisheries Act, 1960

This Act provides the legal framework for regulating fishing activities and protecting aquatic resources throughout the State of Maharashtra, extending to its territorial waters (six nautical miles from the coast).

Core Definitions

• Fish: Broadly defined to include crustaceans, oysters, and other shellfish.
• Fishery Officer: Appointed by the State Government; importantly, no Police Officer below the rank of Sub-Inspector may hold this position.
• Private Water: Water owned exclusively by a person or held under exclusive fishery rights, excluding rivers, canals, or streams with direct communication to such bodies.
• Fixed Engine: Any net, cage, trap, or similar device fixed in the soil or made stationary.

Prohibitions and Regulatory Powers

• Destruction of Fish (Section 3): Using explosives (e.g., dynamite) or poisons/noxious materials to destroy fish is strictly prohibited. Conviction carries a penalty of up to two months imprisonment or a fine up to two hundred rupees.
• Protection of Fish (Section 4): The State Government may issue rules to regulate or prohibit:
  • Use of fixed engines, weirs, dams, and bunds.
  • Net dimensions, mesh size, and methods of use.
  • Use of guns, bows, or arrows for fishing.
  • Discharge of harmful liquids or solids into fish-bearing waters.
  • Fishing during prescribed "close seasons" or in specifically prohibited waters.
• Local Governance (Section 4(1A)): Minor water bodies (tanks) in Village Panchayats and Scheduled Areas (up to 100 hectares) may have fishing rights granted to local authorities (Gram Sabha, Panchayat Samiti, or Zilla Parishad). Revenue generated in Scheduled Areas must be used for the development of the respective village/area.
• Sale of Unlawful Fish (Section 5): The State may prohibit the sale or barter of fish obtained through unlawful means. Notably, the burden of proof rests on the person offering the fish to prove they are not violating the Act.

Enforcement and Judicial Procedures

• General Penalties (Section 6): Violations carry imprisonment up to three months, a fine up to five hundred rupees, or both. Continuous contravention attracts an additional daily fine of up to fifty rupees.
• Arrest (Section 7): A Police Officer (not below Sub-Inspector) or authorized person may arrest without a warrant anyone committing an offence under Section 3 or 6 if the person refuses to provide identification or if identity is doubted.
• Judicial Jurisdiction (Section 8):
  • Offences must be tried by a Court not inferior to a Magistrate of the Second Class.
  • Cognizance can only be taken upon a written report from a Fishery Officer, a Sub-Inspector, or other authorized persons.
• Compounding of Offences (Section 9): Certain offences listed in the Schedule (e.g., using improper mesh sizes, fishing in prohibited waters, or violating close seasons) may be compounded by the District Magistrate upon payment of a sum not exceeding one hundred rupees. Payment results in an acquittal.
• Administrative Provisions:
  • Officers are deemed public servants under Section 21 of the IPC.
  • The State is protected by indemnity for actions taken in good faith.
  • Dues owed to the State are recoverable as arrears of land revenue.