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1929: T.N. Act IIf Indian Fisheries (Tamil
Nadu Amendment)

279

'PAMIL NADUJ ACT No. I1 OF 1929.'

(Received the assent of the Governor on the 3rdNovember

1928, and that of the Governor-General on the 2nd
December 1928 ; the assent of the Governor-General
was first published in the Fort St. George Gazette of
the 1st January 1929.)

i1

An Act to amend the Indian Fisheries Act,

1897, in its application to the "State of Tamil
Nadu].

WHEREASit is expedient to amend the Indian Fisheries Preamble.

Act, 1897, in its application to the "State of Tamil

Nadu] for the purposes hereinafter appearing ;

AND WHEREAS the previous sanction of the GovernorGeneral has been obtained to the passing of this Act ;
It is hereby enacted as follows :-

1. (1) This Act may be called the Indian Fi jheries Short title
and extent*
('[Tamil Nadu] Amendment) Act, 1927.
(2) It extends to the whole of the 3[Stateof Tamil
Nadu].
2. In sub-section (3) of section 6 of the Indian Amendment
Fisheries Act, 1897 (hereinafter referred to as the said
Act)I V or 1 8 9 t
(i) after the words prohibit or regulate " the
words "either permanently or for a time or for specified
seasons only" shall be inserted, and

%:~2.6;

lr

1 These words were substituted for the word

Madras " by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu-Adaptation of Laws (Second Amendment) Order, 1969,
which came Into force on the 14th January 1969.
'$

For Statement of Objects and Reasons, see Fort St. George

N,pages 70-71.

Gazette, dated the 9th August 1927-Part

a This expression was substituted for the expression " Pr&cy

of Madras " by the Tamil Nadu Adaptation of Laws Order ,1970,
wMoh was doemad to haw coma into force on the 14th Jamraiy 1969,

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'I

"* &,

:-q;- ;.+.

I
I

280 b d i n n Fisheries ( T dh
f
h
[lM:T.N.' Act ll
Amet'dment)
(ii) 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 specsed
kind of fish and the modes of using such contrivances."
Amantfment
seotion 61
Central Aot
IV of 1897.

3. For sub-section (4) of section 6 of the said Act,

the following sub-section shall be substituted,
name*y :'l(4) Such rules may also prohibit all fishing in
any specified water except under a lease or licence
granted by Government and in accordance with such
conditions as may be specified in such lease or licence:

Addition of

f~~~~~

Provided that no rule shall be made under this subsection 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 Iaid
in draft before 'both the '(Houses) of the S(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. "
4. After section 7 of the said Act, the following
secticn ;!la11 bc added, namely :-

Act IV of 1897.
"8. All reuts, fees and other molleys payable to
Reoovery of
@ntsn fees
Governmenl on account of fishery leases and licences
and other
granted by them may be recovered in like manner as if
moneys
payable to
they were arrears of land revenue."
Government,
----

--

----

The words " both the Chali~bcrsof the Provincial Legislature "
were substituted for the words " the Legislative Council by the
Adaptation Order of 1937.
a This word was substituted for the word " Chambers " by the
Adaptation (Amendment) Ordcr of 1950.

tI
I

The.word "State" was substituted for " Provincial" by tho

Adaptahon Order of 1950.
4

The words '' of both those Chambers " weve substjtuted for the
" of tho Legislative Council" by the Adaptatton Order of

word3

1937.

.j;

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pJ@-;*' T ; & * - , '121

-~~

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.,- .. r k . L - -

Indian Fisheries (2 gtfi jl N ~ & 1j

Amendmeat)

TAMIL NADU ACT NO. 12 OF 1980.*

THE INDIAN FISHERIES (TAMIL NADU
AMENDMENT) ACT, 1979.

[Received the assent qf the President on the 5th April

1980, first published in the Tamil Nadu Government
Gazette Extraordinary on the 9th April
1980
(Panguni 2 7, Chithar thi-20 11 -Thiru valluvc,r Aandu).]

An Act further to amend the Iiidian Fisheries Act,

1897,

in its upplicatiorr to the State of Tamil Nrrdu.

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Bs it enacted
by the Legislature of the State of Tamil

Nadu in the Tf~irtiethyear of the Republic of India a s

follows :1. (1 ) his Act may b called the Indian
mamil Nadu Amendment) Act, 1979.

.-..

.;"qies Short title,extent

and commencement.

(2) It exteiids to the whole of the State of Tamil

Nadu.

(3) It shall come into force on such date as the

State Government may, by notification, zppoint.

2. In section 3 of the Indian Fisheries Act, 1897 (Central Amendment cf

Act IV of 1897) (hereinafter referred to as the principalsection 3,
Act), clause (1) shall be renumbered as clause (I-D) Central ~ c t
of that section and before the clause as so r e n u n b e d , IV of 1897the following clauses shall be inserterd, namely:-I

"(1-A) 'authoriszd officer' means any oficer of the

Fisheries Department of the State not bclcw the rank
of an Assistant Director of Fisheries, authorised by the
State Government by notification to exercise rhe pcwers
conferred on, and discharge the duties irnpc sed upon,
the asthosised officer under this Act for such area as may
be specified in the notification 2
(1-B) %hank' means conch or shank scientifically
known as Turbinella p y r ~ mor TtirbitieNa rapa ;

* For Statement of Objects and Reasons, See Tnn2il Nodu

Government Gazette Extra01dinary, dated the 6th November 1979,
Part IV-Section 1, page 4%.

:C

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14 Indian Fsheries (Tbt~ilNud" [ 1980 : T.N. Act 11

Amendmei~t)
(1-C) 'chank fisheries' means that part of llatural
marine aquatic resources relating to chank, or shank or
conch p.
3. Aficr sociio~l6-C ol'tlle prilwip;rl Act, tlic following
sections sllall be ::ns;rted, u a u * ~-.
..- ~.
6 -D,6-B, 6-F
"6-D. Gover vmrrli to hccve the exchisi ~z pvj vilege
6-a,6-H,6-1 and
G-J in Central over cl.dnk~ ami cltitrllc jis/~erie~.--(1)Notwit hstandiog
An IV of ailytlliilg caotai~l-3i i l this Act, or in any other law for the
1897.
time bjinc in Cdrcc ielating to Gsl~eries and subject to
the provision:; c ~ : ~ t a iin~ sections
~ ~ t l 643 a11d 6 4 , on and
from such tlniu :is ijlily bc specificd by thc S~atoGovernment by itstificitiioil in this behalf, tho Statc Governi ~ e n tshall have 1ho cxclusivo privilege of fishing,
vossession, salc, inovement, slorage or transport of
chanks in this Stntc, or the carryil~gon of any business,
industry or aily oil~cractivity in respect of chanks and'
chank fisheries it] .this State.
(2) Oa and from the (late specified under sub-section
(I), 110 pcrsm s!.~ll carry on any business, industry or
othcr activity in respect cf chanks and chank fisheries
oxccpt as othcrwisc cxprc~slyprovided uiider this Act
and the rules made thereunder.
losertion O'
new sections

6-E.Po+wessicn,c-.tC., of chmks to be under permit.-(1) No person sl~alij?ossess, sell, movc, store or transport
any quantity of ch:~jzks unless undcr n persit granted by
an a u t h o ~ l officer
~ ~ l in such mailner and for such period
as inay be prescribed :
Provided that tile authorised officer may, by order,
refuse to grant or reflew a petinit to say applicant is respect
of whom hc is sati;fied that by reason of his conviction of
all offence u!liler this Act Qr tlzc rules made the~eunder,
or the P ; ~ V ~ J U S~ ~ : : i i l ~ ~or
r i osuspension
li
of any pennit
wanted tl~errunder 91 the wnirzvention of any of the
3
requiremslrs as ti, I ~ I C: ) ~ S j e ~ j i ~if
i l C l l i i R k ~or for any
other reasons whia:~ insy be prescribed, he is not a &
person to ~vhoi~i
a permit should b: granted or remwed
under this section. Every such order shall be conununioatd to the applicaltt, as sooil as pcrssib~le.

(2) Nothing contained in this Act shall apply to

the possession of c b ~ k s - -

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19808 T.N. Act 121

I d a n Ftskried
(TamilAhdu Amendment)

i3

such chanks as curious articles ; or

(6) by ally religious iilstitution or other institutlons of public worship up to cinc thousand and five
hundred pieces fur bom-t jide religious or pablic p:* poses;
or
(c) by any cducc?tional or rescarcb institution
up to five hundred pieces for boita Jide educational or
research purposes.
Explcl~t~tio~z.-Fo~
t l ~ cpurposes of this sub-section,
the exfiession 'family' in relation to a porson, nieans the
person, the wife or husband, as thc casc mby be, and his
or her minor sons and unmarried daughters.
6-P. Any operation re hting to chank fisherks to be
un&r licence.--On and from the date specified under
subsection (1) of section 643, no person shall fish or
dive for chank 01 collect chanks frcm ar.y chank beds,
or uso ally vessel fol such purposcs or carry on any business,
industry or other activity in respect of cktlnks exapt
under a licence galxed by the autborised officer in such
inanner as may be prescribed :

Provided that nothing contained in this %(;tion skeall

be deemed to require the obtainil~gof any licence in respect
of such chanks as are alleged to have been in2 dvertently
caught along with other species o.t fish as iucidental to
fishing in the ccurse c f any fishing operation made by
any person 3 and such chanks so caught inadvertently
shall be surrendered immediately to such authority within
such time in consideratioll of paynlent of such sates, as
may be prescribed.

6-6.Powers of the Stare Governmcmt to provide for

carryhrg on any business or acrivity in respect of chnnks.-The
State Government may,by rules, provide for the following
nxitters, namely:-(i) the posse~sioo~
sale, lno~ement,storing or ttans.

port of chinks#

(ii) the fishing or diving for chanks:

beds &

(iii) the collection of ally chanks from any chank

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16

Indian Fisher f es

(Tmil N adu Amendment)

[I980 : T.N. Aet 12

(iv) the use of any vessel or vehicle for the purposes

mentioned in clauses (i) to (iii) ;.
(v) the carrying of any business, industry or o@er
activity by any person in respect of chanks and cbank
fisheries;
(vi) the form and the manner in which applioations for permits and licences under sections 6-E and 64,
may be inade ;
(vii) the terms and conditions which may be
included in any p e mit
~ or licei~wunder scction 6-E or 63,
as the case may be, and the fees for the grant ofany such
permit or licence ;
(viviii) the grant o f duplicate permits aud licences and
the renewal of permits and licences under sections 4-33and
6-J?and fees fol the same;
(ix) the time within which appeals under seciion
6-1 may be made;
(x) such other incidental matters connected with
chariks and char& fisheries.

6-H. Power to cadcel or suspend permit or liceme.The authol ised o ficer may cancel or suspend any permit or
limn& granted under section 6-Eor section 6-Fifit appqr$
to him, after giving the holder thereof' an opportunity of
being heard, th3t the permit holder or licensee has contravened, or failed to complv with, any of the provisiop of
this Act or the rules inade thereunder u r any of tbe ferws
or condition. of the permit or licence.
6-1. Appeal.--Any pcrson aggt ievcd by the decision
of the aulthoriscd officer refusing to grallt or renew or
cancelling or suspending, a permit or licence under section
6-E, 6-For 6-H may,within such time as may be prescribed,
appeal to the State G~vernmentand the State Go~ermgnt
may make such order in tho case as they may think fit.
6-J.PenaIties.-W110evcr contravenes the provisions of
sections 6-D, 6-Eand 6-For any of the terms or conditions
of the peiiriit or liconce granted under section 6-E or section 6-Eor any rule made under this Act, shall be punished
with impriso11:lleilt for a t ~ r mwhich may extend to one
year or with fine which lnny ~xtandto five hundred tupees
cq with both:'.