The Indian Fisheries Act,1897

[THE INDIAN[ FISHERIES ACT, 1897

(ACT IV OF 1897)4th February, 1897]

An Act to provide for certain matters relating to Fisheries b[***]

Whereas it is expedient to provide for certain matter relating to Fisheries b[***];

It is hereby enacted as follows:-

[a] For statement of Objects and Reasons, See Gazette of India, 1893, Pt.V, p101; for Report of the Select Committee See Gazette of India, 1897, Pt.V, p.15.

This Act has been extended to the new provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), S.3 (1-1-1950) and to the States of Manipur, Thripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950); Manipur and Tripura are States now but Vindhya Pradesh by the Union Territories is a part of the State of Madhya Pradesh--See Acts 81 of 1971 and 37 of 1956. S.9(1) (e) respectively.

The Act has been extended to the States merged in the State of--

(1) Bombay (now Maharashtra and Gujarat): See Bombay Act, 4 of 1950, S.3 & Sch.II

Preamble

(1) Though the Assam Board of Revenue the Assam Board of Revenue can dispose Act 1959 is repealed. Still by virtue of See of the pending appeals. A 1967 Assam 50 section 14 (3) of the amended Act 21 of 1962. (51) (DB)

(2)Punjab see Punjab Act, 5 of 1950 S.3 and Sch.1;

And Punjab Act 5 of 1959 S.4 and Sch.I

(3)Tamil Nadu See T.N. Act, 35 of 1949, S.3 and Sch.I

The Act has has been repealed in Madhya Pradesh (Vidarbha and Mahakoshal) by C.P and Berar Fisheries Act, 1948 (8 of 1948), S.11 (2-7-1948) as extended and amended by M.P Act 23 of 1958; and in Rajasthan by Rajashan Fisheries Act, 1953 (16 of 1953) S.14(12-8-1953). It has been repealed in Bombay area of the State of Maharashtra by Maha. Act. 1 of 1961. This Act also repealed the Hyd.Act 22 of 1356 Fasil in its application to Hyderabad area of the state. It was repealed in Vidarbha region of the State by M.P.Act 8 of 1948, which Act is now repealed by this Act.

The Act has now been extended to the Union Territories of--

(1) Goa, Daman and Diu by Regn. 12 of 1962 (1-2-1965)

(2) Pondicherry by Regn.7 of 1963 (1-10-1963): and

(3) Lcadive , Minicoy and Amindivi Islands (now known as Lakshdeep) Regn.8 of 1965 (1-10-1967)

It was extended to “transferred territories” in Andhra Predesh and Tamil Nadu by A.P Act of 1961 and T.N Act 22 of 1965, respectively.

The Act has been extended to Meghalaya State by Meghalaya A.L.O 1973 published in Meg.Gaz. 1973, Pt.VA.P.164.

[b] Words "in the provinces' were omitted by A.L.O. 1950.

1.Title and extent.-- (1) This Act may be called THE INDIAN FISHERIES ACT, 1897.

(2) It extends to the whole of India except a[the territories which immediately before the 1st November, 1956, were comprised within Part. B States] b[***]; c[*] c[****]

[a] Substituted for "Part B states" by 2 A.L.O., 1956. Immediately before the 1st November, 1956, the following were the Part B states in India :--

Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Pepsu, Rajasthan, Saurashtra and Travancore-Cochin: Of these Part B States, Jammu and Kashmir, Mysore, Rajasthan and Travancore-cochin, now known as Kerala, have become full fledged States. Territories of Hyderabad have now been transferred to Andhra Pradesh, Maharashtra and Mysore; pepsu was merged with the then state of Punjab, Madhya, Bharat was joined to Madhya Pradesh, Part of it also going to Rajasthan and saurashtra now forms part of the State of Gujrat.

[b] Words "except Burma" were omitted by A.O.,1937

[c] word"and" at the end of sub-section (2), and sub-section (3) were omitted by the Repealing and Amending Act, 1914 (10 of 1914), S.3 and Sch.II

STATE AMENDMENT

Andhra Pradesh :

In its application to the State of Andhra Pradesh, in Section 1, for sub-section (2) following shall be substituted :--

"(2) It extends to the whole State of Andhra Pradesh" .-- See A.P.Act 5 of 1961 Section 4 (1-2-1961)

2. Act to be read as supplemental to other Fisheries Laws.-- Subject to the provisions of Sections 8 and 10 of the a[General Clauses Act, 1887], this Act shall be read as supplemental to any other enactmentb for the time being in force relating to fisheries e[in] d[the territores to which this Act extents] [***]

[a] See now sections 4 and 26 of the General Clauses Act, 1897 (10 of 1897)

[b] for law relating to Fisheries in--

Andaman and Nicobar Islands, see Andaman and Nicobar Islands Fisheries Regulation, 1938 (Regn. 1 of 1938);

Assam See the Assam Land and Revenue Regulations, 1886 (1 of 1886) sections 16 and 155;

Bengal and Assam (Private Fisheries), see the private Fisheries Protection Act, 1889 (2 od 1889);

Jammu and Kashmir, see Jammu and Kashmir State Fisheries Act.(Smvt. 1960);

Kerala--See Travancore-Cochin Fisheries Act, 1950 (T.C. Act 34 of 1950);

Madhya Pradesh, See M.P.Fisheries Act, 1948 (C.P. and B Act 3 of 1948);

Maharashtra--See Maharashtra Fisheries Act, 1961 (Maha Act 1 of 1961;

Nilgiris District, as to acclamatised fish, see the Nilgiris Game and Fish Preservation Act, 1879 (T.N.Act 2 of 1879);

Punjab-See Punjab Fisheries Act, 1914 (Punj.Act 2 of 1914);

Rajasthan--See Rajasthan Fisheries Act, 1953 (Raj Act. 16 of 1953)

Uttar Pradesh--See U.P.Fisheries Act, 1948 (U.P.Act 45 of 1948);

West Bengal--See West Bengal Agricultural Lands and Fisheries (Acquisition and Resettlement) Act, 1958 (W.B.Act 13 of 1958);

[c] Substituted for "in any part of the provinces" by A.L.O., 1950.

[d] Substituted for " a part A State or a Part B State" by 2 A.L.O., 1956.

[e] Words "except Burma" were omitted by A.O., 1937.

Note.-- This Act has to be read as supplemental to the Bengal Act 2 of 1889.

(3) Definitions.--In this Act unless there is anything repugnant in the subject or context--

(1) "Fish" includes shell-fish;

(2) "fixed engine" means any net, cage, trap or other contrivance for taking fish, fixed in the soil or made stationery in any other way; and

(3) "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.

STATE AMENDMENTS

Andhra Pradesh:

In its application to the State of Andhra Pradesh, in section 3, in clause, (1), after the words "shell-fish" , add the words "and scale-fish" .--A.P.Act 5 of 1961 S.5 (1-2-1961)

Goa, Daman and Diu:

In its application to the Union Territory of Goa, Daman and Diu, in Section 3 after the word 'trap' and before the word 'or other contrivance' words " fishing stakes" shall be inserted.--G.D. and D. Act 11 of 1970, section 2.

Tamil Nadu :

In its application to Tamil Nadu cl.(1) shall be renumbered as cl.(ID) thereof and before so renumbered clause add the following clauses.--

(1A) 'authorised officer' means any officer of the Fisheries Department of thr State, not below the rank of an Assistant Director of Fisheries, authorised by the State Government by notification to exercise the powers conferred on, and to discharge the duties imposed upon, the authorised officer under this Act for such area as may be specified in the notification;

(1B) 'Chank' means conch or shank scientifically known as Turbinella Pyrum and Turbinella rapa;

(1C) 'Chank fisheries' means that part of natural marine aquatic resources relating to chank, or shank or conch :--T.N.Act. 12 of 1980, S.2.

4. Destruction of fish by explosive in inland water and on coasts.--

(a) If any person uses any dynamite or other explosive substance in any water with intent thereby to catch or destroy any of the fish that may be therein, he shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two hundred rupees.

(3) In sub-Section (1), the word "water" includes the sea within a distance of one marine league of the sea-coast; and an offence committed under that sub-section in such sea may be tried, punished and in all respects dealt with as if it had been committed on the land abutting on such coast.

5.Destruction of fish poisoning waters.-- (1) If any person puts any poison, lime or noxious material into any water with intent thereby to catch or destroy any fish, he shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to two hundred rupees.

(2) The a [State] Government may by notification in the Official Gazette suspend the operation of this Section in any specified area, and may, in like manner modify, or cancel any such notification.

[a] Substituted for the word "provincial" by A.L.O., 1950.

6.Protection of fish in selected waters by rules of State Government.-- (1) The a[State] Government may make rules for the purposes hereinafter in this section mentioned, and may by notification in the official Gazette applay all or any of such rules to such waters, not being private waters, as the a[State]Government may specify in the said notification.

(2) The a[State] Government may also, by like notification, apply such rules or any of them to any private water with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein.

(3)Such rule may prohibit or regulate all or any of the following matters. That is to say.--

(a) the erection and use of fixed engineers;

(b) the construction of weirs; and

(c) the dimension and kind of the nets to be used and the modes of using them.

(d) Such rules may also prohibit all fishing in any specified water for a period not exceeding two years.

(5) In making any rule under this section the a[state]Government may--

(a) direct that a breach of it shall be punishable with fine which may extend to one hundred to one hundred rupees, and, when the breach is continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in; and

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Section 6

(1) Settlement of fisheries -- Assam Rules –Settlement exceeding Rs. 5,000 but not exceeding Rs. 25,000 -- Settlement confirmed by Conservator of Forest --Interference by State Government is illegal. A 1958 Assam 9 (12) (DB)

(2) Order of the Deputy Commissioner in canceling the lease of fishery rights granted by Government for infringement of the terms of lease without notice to lessee is purely an administrative order and cannot be questioner under Article 226. A 1961 Manipur 28 (30).

(3) Order canceling lease of fishery rights -- Order must be a speaking order and must comply with principles of natural justice A 1975 Mad 81 (83) : (1975) 1 Mad LJ 168

(4) Under Rule 39 of the Manipur Fishery Rules, an offer ripens into a contract only when the bid is accepted by Chief Commissioner and once the bid is accepted the offer cannot be withdrawn. A 1970 Manipur 16 (22)

(5) Where the persons were convicted for fishing with a trawl net within prohibited area, the conviction would be liable to be set aside when the Magistrate had not complied with S.173 (b) of Criminal P.C. and the prosecution only said that the trawler fishing boat belonged to the accused and none of the persons was in fact found at the spot at the time on the day stated in the charges and no one was caught at the places mentioned in the charges. (1979) 1 Malayam L.J. 249 (251)

(6) Where the Magistrate without holding an inquiry under S.407 of criminal P.C., had forfeited the motor boat of the accused persons for contravention of the provisions of CI. 1 (A) of the Fifth Schedule made under Regulation 4 (4) of Fisheries (Maritime) regulation (1967) which provides that trawl nets shall be used only in waters beyond 12 miles limit of the coast of perk, the forfeiture of the vessels would not be liable to be set aside as the general Provision S. 407 are overridden by the specific provisions of S. 15 (1) of the Fisheries Act with regard to disposal of properly at any case to have an inquiry would meaningless for the court must give, to the express words of S. 15 (1) of Fisheries Act, (1979) 1 Malayan LJ 267.

(7) Licensing Officers had not author issue license, Therefore the purported exercise of their authority in issuing lie would be invalid. (1979) 1 Malayan LJ. (251)

(b) Provide for

(i)the seizure, forfeiture and removal of fixed engines, erected of or nets used, in contravention of the rule, and

(ii)the forfeiture of any fish taken by means of any such fixed engine or net.

(6) The power to make rules under this section is subject to the condition that they shall be made after previous publication.

[a] Substituted for "provincial" by A.L.O., 1950.

[b] Some of the rules are:

(1) Fishing in Waters of Tungabhandra Reservoir Rules--See Mysore Gazette, 11-1-1962, Pt. IV.Sec 2-C(I), p 2008.

(2) Mysore Fisheries (prohibition of Fishing) Rules, 1963-- See Mysore Gazette, 1-8-1963, Pt. IV, Sec. 2-C(ii) p. 2008.

(3) Goa, Daman and DIU Aid to Fisheries Rules, 1963--See Goa Gazette, 5-9-1963. Sr. I, p. 304.

(4) Prohibition of Fishing in Conserved Waters, 1963 (T.N)--See Fort, St.Gep. Gaz, 14-12-1996, Pt.V.P.1192.

(5) Punjab Fisheries Rules, 1966--See Punjab Gaz., 5-8-1966, Pt.III, L.S.,P.639.

(6) Pondicherry Fisheries Rules, 1966--See Pondi.Gaz, 20-9-2966,p.90.

(7) Tripura Fisheries Rules, 1978--See Tripura Gaz., 9-9-1978., Pt.I.P.333.

(8) T.N. Inland Fisheries Lease and License Rules, 1972-T.N.Gaz, 19-7-72, Pt.V,Suppl.No.28A.

STATE AMENDMENTS

Andhra Pradesh:

In its application to the State of Andhra Pradesh, in sub-section (4) of Section 6, as substituted by Mad. Act 2 of 1926, in the proviso, for the words "the Andhra Pradesh Legislative Assembly" and " that Assembly", substitute respectively the words " both the Houses of the State Legislature" and " both those Houses".--See A.P. Act 5 of 1961, section 6 (1-2-1961)

Goa, Daman and Diu

In its application to the Union Territory of Goa, Daman and Diu,--

In section 6, in sub-section (3),--

i In clause (b), delete the word 'and'

ii in clause (e) for the full stop at the end, substitute semi-colon; and

iii after clause (e), add the following clause :--

(d). the ejection into water of any solid, liquid or gaseous matter, including industrial effluents, which may be harmful to the fishes in such water ":

(2)for sub-section (4) of section 6, substitute the following:--

“(4) Such rules may also prohibit all fishing in any specified water except under a lease or license granted by the Government of Goa, Daman and Diu and regulate the grant of such leases or licenses and prescribe the rents or fees payable therefor and the terms and conditions to be specified therein";

1. After sub-section (6), add the following :--

"(7) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislature of the Union Territory of Goa, Daman and Diu while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the sessionin which it is so laid or the section immediately following, the Legislature agree in making any modification in the rule, or the Legislature agree that the rule should not be made and notify such decision in the Official Gazette, the rules shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule."--Goa, Daman and Diu Act 11 of 1970, section3.

Tamil Nadu:

In its application to the State of Tamil Nadu:--

1. In sub-section (3) of section 6--

(a) after the words 'prohibit or regulate' the words wither permanently or for a time or for specified seasons only' shall be inserted, and

(b) for clause (c) the following clause shall be substituted, namely:--

"(c)the dimension and kind of the contrivances to be used for taking fish generally or any specified kind of fish and the modes of using such contrivances.

2. For sub-section (4) of section 6, the following sub-section shall be substituted, namely:--

"(4) Such rules may also prohibit all fishing in any specified water except under a lease or license granted by Government and in accordance with such conditions as may be specified in such lease or license;

Provided that no rule shall be made under this sub-section to prohibit sea fishery other than pearl fishery or chank fishery unless after previous publication under sub-section (6) of this section. It has been laid in draft before both the Houses of the State Legislature, and has been approved by a resolution of both those Houses either with or without modification or addition: but upon such approval being given the rule may be issued in the form in which it has been so approved."--T.N.Act 2 of 1929, Ss. 2 and 3 (1-1-19929).

(3)After section 6, insert the following sections, namely :--

"6-A.. Power of State Government to permit clubs or associations to take fish In certain cases:--

(1) Whenever it appears to the State Government that adequate arrangements have been made by any club or association for preserving and protecting in any water such non-indigenous varieties of fish as may be specified by the State Government by notification in the official Gazette, there may by order in writing perminant such club or association to have the exclusive right of such fish in the water aforesaid within such limits and for such period and subject to such conditions as ' the Government may deem fit.

(2) Any club or association to which permission is granted under sub-section (1) may, subject to the approval of the State Government, make regulations for the protection and preservation of the fish to which the permission applies, and for regulating the manner in which such fish may be taken. Such regulations, when approved by the State Government, shall be published in the Official Gazette.

(3)In particular and without prejudice to the generality of the power conferred by sub-section (2), such regulations may provide for--

the issue of licenses by the club or association either in addition to or in substitution for, the license referred to in sub-section (4) of section 6] enabling the licenses to fish for and take the fish to which the permission applies subject to the rules governing the club or association;

the fees chargeable on the issue of such licenses;

the application of such fees; and

a close season for the fish to which the permission applies.

6-B. Penalty for fishing without license in certain cases.-- Any person who, without a license, if any, required by any regulations made under section 6-A or during the close season prescribed by those regulations, or in contravention of any of those regulations, fishes or takes, or attempts to take any fish, shall be punishable with fine which may extend to one hundred rupees.

6-C. Prohibition against attracting prawns into private waters except under the license.—

Notwithstanding anything contained in any other provisions of this Act or any law or custom having the force of law, no person shall, except under the license and in accordance with the terms and conditions, if any, prescribed by rule made under sub-section (3), attract prawns or cause or allow migration of prawns into private waters from any waters notified under sub-section (1) of section 6 by the use of sluices, openings, alluring lights or other contrivances and catch, destroy cause injury to, or prevent escape of, any such prawns by the use of nets, gratings gears or any other means whatsoever.

Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred rupees.

The State Government may make rules for the purpose of giving effect to the provisions of this section and prescribe therein the terms and conditions under which a license may be issued.

Fee at such rates as may be fixed by the State Government by rules and under sub-section (3) shall be paid in respect of every license issued under sub-section(1); Provided that the fee payable for any such license shall not exceed a sum calculated at Rupees five per acre of the private waters into which prawns attracted or caused or allowed to migrate.

The breach of any rule made under sub-section (3) or of the conditions of any license issued under sub-section (1), shall be punishable with fine which may extend to one hundred rupees and, when the breach is a continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in:--T.N.Act 22 of 1965, S.3 and First Schedule (1-7-1966),

(4) After sub-section (6C) insert the following sections:--

6-D. Government to have the exclusive privilege over chanks and chank fisheries.—

(1) Not withstanding any thing contained in this Act or in any other lay for the time being in force relating to fisheries, and subject to the provisions contained in sections 6-E and 6-F, on and from such date as may be specified by the State Government shall have the exclusive privilege of fishing , possession, sale, movement, storage or transport of chanks in this State, or the carrying on of any business, industry or any other activity in respect of chanks and chank fisheries in this State.

(2) On and from the date specified under sub-section (1), no person shall can on any business, industry or other activity in respect of chanks and chank fisheries except as otherwise expressly provided under this Act and the rules made thereunder.

6-E Possession, etc., of chanks to be under permit.--(1) No person shall possess, sell, move, store or transport any quality of chanks unless under a permission granted by an authorised officer in such manner and for such period as may be prescribed ;

Provided that the auhtorised officer may, by order, refuse to grant or renew permit to any applicant in respect of whom he is satisfied that by reason of conviction of an offence under this Act or the rules made thereunder, or the previous cancellation or suspension of any permit granted thereunder, or the contravention of any of the requirements as the possession of chanks or for any other reasons which may be prescribed, he is not a fit person to whom a permit should be granted or renewed under this section. Every such order shall be communicated to the applicant, as soon as possible.

(2) Nothing contained in this Act shall apply to the possession of chanks--

"A " in the citations stands for AIR

[Vol.19] 4 a.m.29.

by any individual or family up to ten pieces for bona fide religious purposes or for the collection of such chanks as curio articles; or

(b) by any religious institution or other institutions of public worship up to one thousand and five hundred pieces for bona fide religious or public purposes; or

(a) by any educational or research institution up to five hundred pieces for bona fide educational or research purposes.

Explanation.-For the purposes of this sub-section, the expression 'family' in relation to a person, means the person, the wife or husband, as the case may be, and his or her minor sons and unmarried daughters.

6-F. Any Operation relating to chank fisheries to be under license.--On and from the date specified under sub-section (1) of section 6-D no person shall fish drive for chank or collect chanks from any beds, or use any vessel for such purpose or carry on any business, industry or other activity in respect of chanks except under a license granted by the authorised officer in such manner as may be prescribed:

Provided that nothing contained in this section shall be deemed to require the obtaining of any license in respect of such chanks as are alleged to have been in advertently caught along with other species of fish as incidantal to fishing in the course of any fishing operation made by any person: and such chanks so caught inadvertently shall be surrendered immediately to such authority within such time in consideration of payment of such rates, as may be prescribed.

6-G. Poswers of State Government to Provide for carrying on any business or activity in respect of chanks.-- The State Government may, by rules, provide for the following matters, namely:--

(i) the possession, sale, movement, storing or transport of chanks ;

(ii) the fishing or diving for chanks ;

(iii) the collection of any chanks from any chank beds;

(iv) the use of any vessel or vehicle for the purposes mentioned in clauses (i) to (iii)

(v) the form and the manner in which application for permits or licenses under section 6-E, 6-F may be made;

(vi) the terms and conditions which may be included in any permit or license under section 6-E or 6-F, as the case may be, and the fees for the grant such permit or license;

(vii) the grant of duplicate permits and licenses and the renewal of permits and licenses under sections 6-E and 6-F, and fee for the same.

(viii)The time within which appeals under section 6-1 may be made;

(ix) Such other incidental matters connected with chanks and chank fisheries.

6-H. Power to cancel or suspend permit or license.--The authorised officer may cancel or suspend any permit or license granted under section 6-E or section 6-F if it appears to him, after giving the holder thereof, an opportunity of being heard that the permit holder or license has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the permit or license.

6.I.Appeal. -- Any person aggrieved by the decision of the authorised officer refusing to grant or renew or canceling or suspending, a permit or license under section 6-E, 6-F or 6-H may, within such time as may be prescribed, appeal to the State Government and the State Government may make such order in the case as they may think fit.

6.J. Penalties.--Whoever contravenes the provisions of sections 6-D, 6-E and 6-F or any of the terms and conditions of the permit of license granted under section 6-E or any of the terms and conditions of the permit or license granted under Section 6-E or section 6-F or any rule made under this Act, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both."--T.N.Act 12 of 1980.S.3.

7. Arrest without warrant for offences under this Act.—

(1) Any police officer or other person *specially empowered by the b[state]Government in this behalf, either by name or as holding any office for the time being, may without an order from a Magistrate and without warrant, arrest any person committing in his view any offence punishable under Section 4 or 5 or under any rule under Section 6--

(a) if the name and address of the person are unknown to him, and

(b) if the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.

(2) A person arrested under this section may be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention.

[a] for notification under this Section in Tamil Nadu, see Fort. St. George Gazette, 1903, Pt.I, Page 19.

[b] Substituted for "provincial" by A.L.O., 1950.

STATE AMENDMENTS

Karnataka:

In its application to the State of Mysore, in Section 7, for the word "Magistrate" substitute the words "judicial Magistrate".--Mys.Act 13 of 1965, S.66 & Sch. (1-10-65) and 31 of 1973.

Tamil Nadu:

In its application to the State of Tamil Nadu,--

(1) in sub-section (1-of section 7, for the words and figures "under section 4 or 5 or under any rule under section 6" . substitute the words, figures and letters "under sections 4,5, 6 6-B or 6-C or under any rule under section 6 or 6-C".--T.N.Act 22 of 1965, section 3 and First Schedule (1-7-1966)

(2) after section 7, the following section shall be added, namely:--

"8. Recovery of rents, fees and other moneys payable to Government.--All rents, fees and other moneys payable to Government on account of fishery leases and licenses granted by them may be recovered in like manner as if they were arrears of land revenue."--T.N.Act 2 of 1929, section 4(1-1-1929); T.N.A.L.O., 1969.

Section 8:

Goa ,Daman and Diu :

In inits application to Goa, Dam and Diy, after Section 7, add the following new section, namely:--

"8. Repeal and Savings.-- As from the date of coming into force of the provisions of the Indian Fisheries (Goa, Daman and Diu Amendment No.1 Act, 1970, in the Union Territory of Goa, Daman and Diu the provisions of--

(a)Legislative Diploma No.114, dated the 1st December, 1924.

(b)Legislative Diploma No. 689, dated 18th July, 1933 and any other corresponding order or rule or law in force in the Union Territory of Goa, Daman and Diu shall Stand repealed;

Provided that the repeal shall not affect--

(a) the Previous operation of any order or rule or law so repealed or anything duly done or suffered thereunder: or

(b) any right, privilege, obligation or liabilities acquired, accrued or incurred under any order, rule or law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any order, rule or law so repealed; or

(d) any investigation, prosecution, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid,

and any such investigation prosecution, legal proceeding or remedy may be instituted continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed."--Goa, Daman and Diu Act 11 of 1970, S.4 (7-6-1971).