West Pakistan Fisheries Ordinance, 1961

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THE WEST PAKISTAN FISHERIES ORDINANCE, 1961 
 
 
 
 
      CONTENTS 
Preamble 
 
1. Short title and extent 
 
2. Definitions 
 
3. Appointment of Inspectors of Fisheries 
 
4. Powers of the Director to lease out any water other than private water 
5. Power of the lessee to issue permit 
 
6. Destruction of fish by explosive 
 
7. Destruction of fish by poisoning water 
 
8. Fish that shall not be taken 
 
9. Net, fixed engine, trap, etc., shall not be employed without a permit or license 
 
10. Duty to produce license or permit on demand made by employees of Fisheries Department 
11. Power to declare any water to be a sanctuary for fish 
12. Duty of Lambardar, Village Watchman, etc. 
 
13. Powers of Magistrate to issue search warrant 
 
14. Power to search without warrant 
 
15. Arrest without warrant for offences under this Ordinance 
 
16. Power of seizure
 

 
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17. Penalties 
 
18. Police assistance 
 
19. Persons who may lodge complaints 
 
20. Confiscation of any net, trap cage, etc. 
 
21. Jurisdiction as respects offences within one marine league of sea coast 
 
22. Protection taken under this Ordinance 
 
23. Power of Government to add or exclude from First Schedule 
 
24. Power to compound certain offences 
 
25. Delegation of powers 
 
26. Power to make rules 
 
27. Repeal and savings 
FIRST SCHEDULE  
SECOND SCHEDULE  
  
 
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THE WEST PAKISTAN FISHERIES ORDINANCE, 1961 
ORDINANCE NO. XXX OF 1961 
[13th December, 1961] 
AN 
ORDINANCE 
to amend and consolidate the law relating to fisheries in the Province of West Pakistan. 
Preamble. WHEREAS, it is expedient to amend and consolidate the law relating to fisheries 
in the Province of West Pakistan; 
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of 
October, 1958, and having received the previous instructi ons of the President, the Governor of West 
Pakistan, is pleased in exercise of all powers enabling him in that behalf, to make and promulgate the 
following Ordinance__ 
1. Short title and extent.  (1) This Ordinance may be called the West Pakistan Fisheries 
Ordinance, 1961. 
(2) It extends to the whole of the Province of West Pakistan, except 1[the Tribal Areas]. 
2. Definitions.  In this Ordinance, unless the context otherwise requires, the following 
expressions shall have the meanings hereby respectively assigned to them, that is to say— 
(a) “Director of Fisheries ” means the Director of Fisheries West Pakistan, and 
includes any person appointed by Government to discharge the functions of the 
Director of Fisheries under this Ordinance; 
(b) “fish” includes shell-fish; 
(c) “fixed engine” means any net, cage, trap, or other contrivance for taking fish, 
fixed in the soil or made stationery in any other way; 
(d) “Government” means the Government of the West Pakistan; 
(e) “licence”, "permit", “special licence” and "special permit" mean, respectively, 
a licence, permit, special licence and special permit, issued under this Ordinance 
or any rule made thereunder; 
(f) “prescribed” means prescribed by rules made under this Ordinance; 
(g) “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, 
 
1Subs. by the West Pakistan Laws (Adaptation) Order, 1964, Article 2 (1) read with Schedule, Serial No. 27, (w. e. f. 8.6.1962). 
 
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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; 
(h) “water” includes the sea within a distance of one marine league of the sea coast. 
3. Appointment of Inspectors of Fisheries.  (1) Government may, by notification, appoint 
such person as it thinks fit to be Inspectors of Fisheries for the purposes of this Ordinance within such 
local limits as may be specified. 
(2) Inspectors of Fisheries shall be deemed to be public servants within the meaning of section 
21 of the Pakistan Penal Code (XLV of 1860). 
4. Powers of the Director to lease out any water other than private water.  (1) The Director 
of Fisheries, or such other officer as he may empower in this behalf by general or special order in 
writing, may, for a period not exceeding three years, lease put, on such conditions as may be 
prescribed, the right to catch fish in any water other than private water. 
(2) Any amount due to Government under the provisions of sub-section (l),and remaining 
unpaid one month after it has become so due, may be recovered as arrears of land revenue. 
5. Power of the lessee to issue . (1) The person in whose favour a lease under section 4 is 
granted, may issue permits in such form, subject to such conditions and on payment of such fees, as  
may be prescribed, for the taking of fish in the water the right of fish wherein has been leased to him. 
(2) A permit issued under sub -section (I) shall cease to be valid upon the termination or 
cancellation of the lease in favour of the person issuing the permit. 
6. Destruction of fish by explosive.  No person shall use 1 [any dynamite, electric shock or 
other explosive subs tance] in any water with intent there by to catch or destroy any of the fish that 
may be therein. 
7. Destruction of fish by poisoning water.  No person shall put any poison, lime or noxious 
material into any water with intent thereby to catch or destroy any fish that may be therein. 
8. Fish that shall not be taken.  No person shall kill, capture, or possess any species of fish 
specified in the  second column of the First Schedule, of a size less than that specified in the third 
column of the said Schedule against such species. 
9. Net, fixed engine trap, etc, shall not be employed without a permit or licence.  (1)No 
person shall use or employ for the capture of any species of fish specified in the First Schedule, in any 
water other than private water, any net, cage, trap or other contrivance for taking fish, or fixed engine, 
except during the period permitted in respect of such species under the fourth columns of the said 
Schedule and under a licence or permit issued under this Ordinance. 
(2) Licences under sub-section (1) shall be issued by such authorities, on payment of such fees 
and on such conditions as may be prescribed. 
10. Duty to produce licence or permit on demand made by employees of Fisheries 
Department. Every person in possession of any fishing licence or permit shall produce his licfence or 
 
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permit, as the case may be, on a demand made by the Inspector of Fisheries or any other person 
authorised in this behalf by the Director of Fisheries. 
11. Power to declare any water to be a sanctuary for fish.  (1) Notwithstanding anything 
contained in this Ordinance, Government may, by notification, declare any water to be sanctuary for 
fish mentioned in the First Schedule for a period which may be specified , and during such period no 
person shall kill, capture or possess such fish without a special permit issued under this Ordinance by 
the Director of Fisheries. 
(2) The water in respect of which a notification under this section is made shall be demarcated 
in such manner as may be prescribed. 
12. Duty of Lambardar Village Watchmen etc. Every Lambardar, Village Watchman, Canal 
Patwari, P. W D. Darogha, Zilladar, Revenue Patwari, Tapedar, Supervising Tapedar and Qanungo 
shall be bound in the absence of reasonab le excuse to give to an Inspector of Fisheries or any other 
person authorised in this behalf by the Director of Fisheries, information in respect of any un -
authorised netting, killing or other offence under this Ordinance committed within the limits of his  
village or circle, as the case may be,  as soon as the commission of such offence comes to his 
knowledge. 
13. Power of Magistrate to issue search warrant. If a Magistrate has reasons to believe that 
an offence under this Ordinance has been, is being, or is likely to be committed, he may issue a warrant 
for the search of any place in which any fish, net, trap, cage or other contrivance for taking  fish, or 
fixed engine is kept or concealed. 
14. Power to search without warrant. An Inspector of Fisheries may, without a warrant from 
Magistrate, search any person, vessel, rack, vehicle, ship, boat, raft package, receptacle or covering so 
as to satisfy himself as to whether or not an offence under this Ordinance has been committed. 
15. Arrest without warrant for offences under this Ordinance. (1) An Inspector of Fisheries 
may without a warrant arrest any person committing in his view any offence under section 6, 7, 8, 9 or 
11— 
(a) if the name and address of such person are un-known to him; and 
(b) if such person declines to give his name and address, or there is reason to doubt 
the accuracy of the name and address 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. 
16. Power of seizure. An Inspector of Fisheries, or any person authorized in this behalf by the 
Director of Fisheries, may take possession of any net, trap, cage or other  contrivance for taking fish, 
or fixed engine used or suspected to have been used in the commission of an offence under this 
Ordinance. 
 
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17. Penalties. Whoever__ 
(a) contravenes the provisions of section 6, 7 or 11 shall be punished with 
imprisonment of either description which may extend to three months or with 
fine which may extend to five hundred rupees or with both;  
(b) contravenes the provisions of section 8, 9, 10 or 12 shall be punished with fine 
which may extend to one hundred rupees.  
18. Police assistance. Every police officer shall upon request made by a person employed under 
this Ordinance assist him in the due discharge of his duties under this Ordinance. 
19. Persons who may lodge complaints. No Court shall take cognizance of any offence under 
this Ordinance except on the complaint in writing of an Inspector of Fisheries. 
20. Confiscation of any net trap, cage etc. The Court may order the confiscation of any 
net, trap, cage or other contrivance for taking fish, or fixed engine employed in the commission 
of an offence under this Ordinance. 
21. Jurisdiction as respects offences within one marine league of  sea coast. If an offence 
in respect of this Ordinance is committed within a distance of one marine league of the sea coast then 
such offence may be tried, punished and in all respects dealt with as if it had been committed on the 
land abutting such coast. 
22. Protection taken under this Ordinance. No suit, prosecution or other legal proceeding 
shall lie against any person  for anything  which is in good faith done or intended to be done in 
pursuance of any provisions of this Ordinance or the rules made thereunder. 
23. Power of Government  to add  or exclude from First Schedule. Government may, by 
notification, — 
(i) add to or exclude from the First Schedule any species of fish subject to such  
conditions as it may impose in each case; 
(ii) alter the period during which any fish specified in the First Schedule may be killed 
or captured. 
24. Power to compound certain offences.  (1) Government may, by notification, empower an 
Inspector of Fisheries__ 
(a) to accept from any person concerning whom evidence exists which if unrebutted 
would prove that he has committed any offence as described in the first column 
of the Second Schedule a sum of money by way of composition 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 discharged and no further 
proceedings shall be taken against him; 
(b) when any property has been seized as liable to confiscation, to release the same 
without further payment, or on payment of the value thereof as estimated by such 
officer and on the payment of such value, such property shall be released and no 
further proceedings shall be taken in respect thereof. 
 
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(2) The sum of money which may be accepted by way of composition under clause (a) of sub-
section (1) for any offence shall in no case exceed the amount mentioned against such offence in the 
second column of the Second Schedule. 
25. Delegation of Powers. Government may, by notification, delegate all or any of the 
powers conferred upon it under the provisions of this Ordinance to any officer subordinate to it. 
26. Power to make rules. (1) Government may make rules for the purpose of carrying into 
effect the provisions of this Ordinance. 
(2) In particular and without prejudice to the generality of the foregoing powers, such 
rules may prescribe__ 
(a) the form in which, and the terms and conditions on which, a licence or a permit 
or a special licence or a special permit may be granted; 
(b) the authority by which licences under this Ordinance may begranted; 
(c) the fees to be charged for any licence or permit or special licence or special 
permit.; 
(d) the conditions subject to which the Director of Fisheries may lease the right 
to catch fish under this Ordinance; 
(e) in the case of any species of fish, the number and sex that may be killed under 
a licence; 
(f) the rewards to persons who render help in detection of , offences under this 
Ordinance; 
(g) the utilization of receipts recovered under this Ordinance; 
(h) prohibit or regulate all or any of the following matters__ 
(i) the erection and use of fixed engines; 
(ii) the construction of weirs; and 
(iii) the dimension and kind of nets, cages, traps or other contrivances for 
taking fish to be used and the modes of using them. 
(3) Such rules may provide that a breach thereof shall be punished with a fine not exceeding 
fifty rupees. 
27. Repeal and savings. (1) The following enactments are hereby repealed:- 
(a) The Punjab Fisheries Act, 1941 (Pb. II of 1914); and 
(b) The Bahawalpur State Fisheries Act, 1951. 
 (2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done 
and all action taken, ob ligation, liability, penalty or punishment incurred, inquiry or proceedings 
commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and 
 
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licence or order issued under any of the said enactments, shall, if not inconsiste nt with the provisions 
of this Ordinance, continue in force and be deemed to have been respectively done, taken, incurred, 
commenced, appointed, authorised, conferred, made or issued under this Ordinance. 
FIRST SCHEDULE 
[(Section 8)] 
[Species of fish and prohibitions] 
 
Serial No. 
Species of fish Size Period during which taking of the 
fish by any net cage, trap or fixed 
engine is Prohibited 
1 2 3 4 
1 Trout                .. 9               .. 10th October to 9th March. 
2 Mahashair        .. 12             .. 1st June to 31st August. 
3 Rahu                .. 12             .. 1st June to 31st August. 
4 Mori                .. 12             .. 1st June to 31st August. 
5 Thaila             .. 12             .. 1st June to 31st August. 
 
 
  
 
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SECOND SCHEDULE 
(SECTION 24) 
Maximum amount acceptable by way of composition for certain offences 
Serial 
No. Description of offences Maximum amount which may be 
accepted as composition 
1. Fishing with a net having  a smaller mesh than 
the prescribed mesh. 
Twenty-five rupees. 
2. Fishing without a licence                         .. Twenty-five rupees. 
3. Killing fish of a size less than the prescribed 
size 
Twenty-five rupees. 
4. Fishing with any gear or method other than that 
permitted under the rules. 
Twenty-five rupees. 
5. Using at any one time more than two of either or 
any of the gears permitted under the rules. 
Twenty-five rupees. 
6. Licence-holder employing or engaging non -
licensees to help him with his nets while 
fishing. 
Twenty-five rupees. 
7. Offering or exposing for sale or barter any fish 
in contravention of the provisions of this 
Ordinance. 
Twenty-five rupees. 
 
 
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RGN Date: 21-03-2025