The Assam Private Fisheries Protection Act, 1935
## ASSAM ACT I OF 1935.

[Published in the Assam Gazette of the 14th

1935.]

THE ASSAM PRIVATE PIS

PROTECTION ACT, 1935.

_An Act for the protection of the right o f fishing_

_in priva te waters._

**Preamble.** W hereas it is expedient to provide for the pro­

tection <>f private rights of fishery ;

And whereas the previous sanction of the sand e Geo. s.

Governor General has been obtained under sub- gSo.6#,’ ch’s?,

section (3) of section 80A of the Government of ®

India zkct to the passing of this Act.

It is hereby enacted as follows:—

**Short title.** 1. (7) This Act may be called the Assam Private

Fisheries Protection Act, 1935.

**Extent.** (2) I t extends in the first instance only to the

areas in Assam in which the Private Fisheries
Protection Aet, ls89, is, before the passing of this Bengal Aot ti

Act, in force an i the Local Government may, by [of 1889]‘

notification in the _Assam Gazette extend to any_
other area all or any provisions of this Act.

The Indian Fisheries Act, 1897, is to be read as Activof 1897,

supplemental to this Act.

**Interpretation** 2. In this Act, unless there be something
**clanae.** repugnant in the subject or context—

**Ptah.** (/) “ Fish .” includes shell-fish and turtles ;

**Fixed engine.** (2) “ Fixed engine ” means any net, eage,

trap or other contrivance for taking fish fixed in
the soil or made stationary in any other way ;

Private waters, (3) “ Private waters " means waters—

(а) which are the exclusive property of any

person ; or

(б) in which any person has an exclusive

right of fishery.

p«naitie«. 8. Any person who—

(а) fishes in any private waters, not having

a right, to fish therein ;

(б) erects, places, maintains or uses any fixed

engine in private waters, or pats, or

knowingly permits to be put therein

any matter for the purpose of catching
or destroying fish without the permis­
sion of the peison to whom the right

of fishery therein belongs ;

[Price—Indian anna 1. English Id.]


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shall be guilty of an offence, and shall be

punished for a first offence with a fine not

exceeding fifty rupees;

and for a subsequent offence with imprisonment,

which may be simple or rigorous for a term not
exceeding one month, or with a fine not exceed­
ing two hundred rupees or both :

Provided that nothing herein contained shall

apply to acts done by any person in the exercise
of a _bona fide claim of right, or in accordance with_
a long-established custom or shall prevent any
person from angling with a rod and line or with

a line only in any portion of a navigable river.

faid <Sg"nee.[of] A n Y fixed engine erected placed, main­

tained or used in contravention of the last preced­
ing section, and any fish taken by means of such
engine, or otherwise in contravention of this

Act shall be forfeited.

Removal of fixed _(2) And 6uch fixed engine may be removed_

engine*. o r [ t]a [|j]e n [ p]OBseg8[j]o n o [f by the Deputy Com­]

missioner of the District, or such person as he
empowers in this behalf.

Entry upon the 5. Whoever enters upon land in the possession

oVop'on’priTatl of another or upon private waters, with intent to

inunrt to oom1! [c o m n ri]’[t a n v] of the offences specified in section 4,

mitan offence, shall be punished with a fine not exceeding fifty

rupees.

offonces under 6. Offences committed under this Act shall

_er’a_ [A]-cognii be con idered to be “ cognizable offences ” as

bie offences". J e fine<i jn tb e Code of Criminal Procedure, 18^8. Act v of 1888-

# 9

_A G- P. (Leg.) No. 106—600-3-10-1935._


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