THE U.P. FISHERIES ACT 1948

English — official source version

45of1948_english.pdf.txt

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THE UNITED PROVINCES FISHERIES ACT, 19481 

(U. P. ACT No. XLV OF 1948) 

[Passed by the United Provinces Legislative Assembly 
on October 22, 1948, and by the United Provinces 
Legislative Council on November 8, 1948.] 

[Received the assent of the Governor on December 20, 
1948 under section 75 of the Government of India Act, 
1935, as adapted by the India (Provisional Constitution) 
Order, 1947, and was published in the United Provinces 
Gazette, dated January 1, 1949. ] 

AN 

ACT 

Preamble 

to provide for certain matters relating to fisheries in Uttar 

Pradesh 

WHEREAS it is expedient to provide for certain matters relating 
to fisheries in Uttar Pradesh ;  

It is hereby enacted as follows ; 

Short title, 
extent and 
commencement 

1. (1) This Act may be called the United Provinces Fisheries Act,
1948. 

(2) It extends to the whole of the Uttar Pradesh. 

(3) This section shall come into force at once and the remaining 
sections will come into force on such date, for such period and in such 
areas as the State Government may, by notification in the official 
Gazette specify in this behalf.   

Definitions 2. In this Act unless there is anything repugnant in the subject
or context, — 

(i) “fish” includes fish, turtles, dolphins, aquatic plants of 
fisheries, whale and fish in all stages in its life history ; 

(ii) “fishery officer” means any person appointed by the 
Provincial Government to carry out all or any of the purposes of this 
Act or to do anything required by this Act or any rules made 
thereunder provided that no police officer below the rank of a sub-
inspector shall be so appointed ;   

(iii) “fishing offence” means an offence punishable under the 
provisions of the Act ; 

(iv) “fixed engine” means any net, cage, fishing fence (baryri), 
anchored long line, trap or other contrivance for taking fish, fixed in 
the soil or made stationary in any other way ; 

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1. For Statement of Objects and Reasons, see U.P. Gazette dt. July 7, 1948.



[The United Provinces Fisheries Act, 1948] 

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(v) “private waters” means waters which are the exclusive 
property of any person or religious body or institution or in which any 
person or religious body or institution has for the time being an 
exclusive right of fishery, whether as owner, lessee or in any other 
capacity, and includes tanks, ponds artificial lakes, etc,. excavated at 
the expense of the owner which have no communication in the rainy 
seasons with natural waters, such as rivers, canals, streams and jhils.  

Explanation — Water shall not cease to be “private waters” 
within the meaning of this definition if any other person has by usage 
or custom a right of fishery therein ; 

(vi) “State Government” means the Government of Uttar 
Pradesh ; 

(vii) “religious institution” means a temple, a mosque or a 
church, any other shrine dedicated to any God or Goddess, and such 
other institutions as the State Government may by notification in the 
Gazette declare in that behalf ;   

(viii) “religious body” means the trustees or any other persons 
who are in charge of a religious institution or in whom the ownership 
of the religious institution vests for the time being ; 

(ix) “religious waters” means waters belonging to a religious 
body or institution and which have never been fished before on 
account of any restrictions on religious grounds.   

Prohibition 
and licensing 
of fishing in 
selected 
waters by 
rules 

3. (1) The 1 [State Government] may, make rules for the
purposes mentioned hereinafter in this section and shall under such 
rules declare the waters to which all or any of them shall apply. 

(2)  The 1[State Government] may, by notification in the official 
Gazette apply such rules or any of them to any private waters with the 
consent in writing of the owner thereof and of all other persons having 
for the time being any exclusive right to fishery therein or if the [State 
Government]1 is satisfied that the consent is unreasonably withheld 
without such consent ; 

Provided that no rules made under this section shall apply to 
any religious waters.  

(3) Such rules may — 

(a) prohibit or regulate all or any of the following matters, that 
is to say — 

(i) the section and use of fixed engines ; 

(ii) the construction, temporary or permanent, of weirs, dams 
and bunds ; and 

(iii) the dimension and kind of nets and size of mesh or any 
other fish contrivance to be used and mode of using them ; 

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1. Subs. by A. O. 1950 for (Provincial Government).



[The United Provinces Fisheries Act, 1948] 

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(b) prohibit the destruction of, or attempts to destroy fish by 
gun, spear, bow and arrow or like instrument, poisoning waters or 
pollution of waters by trade effluents ; 

(c) prohibit the capture of or attempt to capture or kill breeding 
fish in Roe and Milt except Hilsa ; 

(d) prohibit fishing except under license or regulate the granting 
of such licenses the charges of fees therefor and the conditions to be 
inserted therein ;  

(e) prescribe seasons in which the killing or catching or sale of 
any spawn, young or adult fish, of any prescribed species shall be 
prohibited ; 

(f) prescribe a minimum size or weight below which no fish of 
any prescribed species shall be killed or sold ; 

(g) prohibit fishing in any specified water for specified period ; 

(h) regulate the export of fish outside any area or areas and 
price at which fish may be brought or sold in specified markets of all or 
any specified species ; 

(i) require the owner, mortgagee with possession or lessee of 
any tank or jhil for the stocking of such tanks or Jhil with any class or 
classes of fish ;   

(j) prescribe the formation of association or societies and the 
collection of funds for the uplift of fishermen and promotion of the 
fishing industry.  

(4) In making any rules under this section the [State 
Government]1 may provide for ; 

(a) the seizure, removal and forfeiture of any apparatus erected 
or used for fishing in contravention of the rules ; 

(b) the forfeiture of any fish taken by means of any such 
apparatus ; and  

(c) the confiscation of any consignment of fish held or 
transported in contravention of the rules.  

(5) The power to make rules under this section shall be subject 
to the condition of the rules being made after previous publication. 

Power to 
prohibit sale 
of fish 

4. The [State Government]1 may by notification in the official
Gazette prohibit in such area or areas as may be specified in that 
behalf the offering or exposing for sale or barter of any fish killed in 
contravention of any rule made under sub-section (3) of section 3.  

Penalties 5. The breach of any rules made under section 3 or of any
prohibition notified under section 4 shall be punished ; 

(1) on first conviction with imprisonment of either description  

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1. Subs. by  A. O. 1950  for  (Provincial Government).



[The United Provinces Fisheries Act, 1948] 

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for a term which may extend to two months or with fine which may 
extend to two hundred rupees or with both ; and 

(2) on every subsequent conviction, with imprisonment of either 
description for a term which may extend to twelve months or with fine 
which may extend to five hundred rupees or with both.  

Arrest 
without 
warrant for 
offences 
under the 
Act 

6. (1) Any Fishery Officer, Police Officer not below the rank of a
Sub-Inspector, or any other person specially empowered by the [State 
Government]1 in this behalf may arrest without warrant any person 
committing or attempting to commit, in his view a fishing offence— 

(a) if the name and address of the person are not known to him; 
and 

(b) if the person decline 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 until 
his name and address have been correctly ascertained ; 

Provided that no person so arrested shall be detained longer 
than may be necessary for bringing him before a Magistrate, except 
under the order of a Magistrate for his detention.  

Act V of 1898 (3) Every Fishery Officer shall have all the same powers of 
search and investigation relating to a fishing offence as a Police Officer 
of the rank of a Sub-Inspector has under the Code of Criminal 
Procedure, 1898.  

Jurisdiction 
inferior to 
that of 
Magistrate of 
the second 
class 
excluded 

7. (1) No court inferior to that of a Magistrate of the second
class shall try any offence under this Act. 

(2) No court shall take cognizance of any offence under this Act, 
except on the complaint of a Fishery Officer or of a Police Officer not 
below the rank of Sub-Inspector or of any other person or class of 
persons authorized by the [State Government]1 in this behalf.   

Power to 
compound 
certain 
offences 

8. (1) The [State Government]1 may, by notification in the
Gazette, empower a Fishery Officer by name or by virtue of officer— 

(a) to accept from any person concerning whom evidence exists, 
which if unrebutted, would prove that he has committed any fishing 
offence as described in the first column of the schedule a sum of 
money by way of compensation 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 released and no further 
proceedings shall be taken against him ; 

(b) to release any property that has been seized as liable to 
confiscation without further payment or on payment of the value 
thereof as estimated by such officer and on the payment of such value  

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1  Subs. by  A. O. 1950  for  (Provincial Government). 



[The United Provinces Fisheries Act, 1948] 

5 

such property shall be released and no further proceedings shall be 
taken in respect thereof. 

(2) The sum of money accepted as compensation under clause 
(a) of sub-section (1) shall in no case exceed the amount acceptable as 
compensation in the second column of the schedule for the particular 
offence described in the first column thereof ; 

THE SCHEDULE 

(See section 8) 

Maximum amounts acceptable, as compensation for certain fishing 

offences under section 8 

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 Maximum amount 

 Description of offence                                 acceptable as 
     compensation 

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1. Fishing with a net having smaller mesh than
that prescribed under the rules made under
the Act.

2. Fishing without a licence  .  .  .  . 

Rupees one 
hundred 

Ditto 

3. Killing or catching or selling or attempting to
kill, catch or sell fish of a size or weight less
than the standard prescribed under this Act.

Rupees fifty 

4. Killing or catching or selling or attempting to
kill, catch or sell any fish of a prohibited
species during a close season.

Ditto. 

5. Fishing or attempting to fish, with any gear or
method other than that permitted under the
rule.

6. Licence holders employing or engaging non-
licensees to help them with their nets while
fishing.

Ditto. 

Ditto. 

7. Fishing or attempting to fish in prohibited
water

8. Offering or exposing for sale or barter any fish
the sale of which is prohibited in any specified
area by a notification issued under section 4.

Rupees fifty 

Ditto. 

9. Selling or attempting to sell fish for price
above the specified market value.

10.Exporting or attempting to export fish in
contravention of any rules made under clause
(h) of sub-section (3) of section 3.

Ditto. 

Rupees five 
hundred.