Bare ActsThe Kerala Inaland Fisheries and Aquaculture Act 15 of 2010

Section 34

Fish to be Government property

Amendment status not verified — confirm the current text below against the official source.

Fish to be Government property.—(1) Any fish caught or collected or harvested or cultured or harvested through filtration in contravention of any of the provisions of this Act or any Rules or Orders made thereunder, whether living or dead shall be deemed to be the property of the Government. (2) No person shall, without the written permission of the authorised officer, acquire or receive or keep in his possession or custody or control or transfer to any person or destroy or damage the property mentioned in sub- section (1). (3) Any person, who obtained the possession of such property by any means shall, within twenty four hours after obtaining such possession, give a report to the nearest police station or to the authorised officer and shall, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be, if so required by him. 3 5 . Power to seize or arrest.—(1) Notwithstanding anything contained in any other law for the time being in force, if the Director of Fisheries or the authorised officer has sufficient reason to believe that any person has committed an offence in contravention of this Act or the rules made thereunder may,— (a) require any such person to produce for inspection any fish caught by him or shell or meat collected or any other fishery product under his custody or control or possession or any "licence or permit or certificate of registration or other documents granted or obtained,by him under this Act; 33/3576/2010/DTP 52 (b) stop any vehicle or fishing vessel or boat in order to conduct search or enquiry and enter upon and search any premises or land or vehicle or fishing vessel or boat in the possession of such person and open and search any baggage or net or any other thing in his possession; or (c) seize any fish or shell or meat or any other fishery product in the possession of such person together with any. free net or fishing vessel or any other device or vehicle or weapon used for the commission of any such offence and may also arrest him without warrant. (2) Any officer referred to in sub-section (1), if he is not the Director of Fisheries or authorised officer, who seized any free net or fishing vessel or any other device or vehicle or weapon under clause (c) of sub-section (1), shall produce the same before the authorised officer and the authorised officer shall release the same on the execution of a bond by the owner, for producing the released property as and when required. (3) Any officer referred to in sub-section (1) may stop any person, whom he has found engaged in any act for which a licence or permit is required under the provisions of this Act, and require such person to produce the licence or permit and if he fails to produce the same the officer may arrest him without warrant. (4) Any person arrested under any of the foregoing sub-sections shall be produced before the Magistrate within a reasonable time excluding the time necessary for journey, from the place of arrest to the Magistrate but not exceeding twenty-four hours for lawful dealing. (5) If any fish or shell or meat is seized under the provisions of this Act, any Officer of the Fisheries Department not below the rank of an Assistant Director shall arrange for the sale of the same and deal with the proceeds of such sale in such manner as may be prescribed. (6) If it is proved that the fish or shell or meat seized under the provisions of this Act is not the property of the Government, the proceeds from the same shall be returned to the owner. (7) If any officer referred to in sub-section (1) requires the assistance of any person for preventing or for finding out an offence against this Act or the rules made thereunder or for apprehending a person who is alleged to have violated the Act or the rules made thereunder or for a seizure in accordance with clause (b) of sub-section (1), it shall be the duty of such person to render such assistance.              53

Section 34 – The Kerala Inaland Fisheries and Aquaculture Act 15 of 2010 | DailyLaw.ai