Fisheries Act, 1980
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Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries. |
38.—(1) Where the bed and soil of any portion of a river or lake contiguous to a fishery to which this section applies, is not in the same ownership as such fishery, the Minister may, if to him it appears necessary or expedient for the maintenance, operation, improvement or development of such fishery, by order transfer to— | |
(a) in case such bed and soil is contiguous to a fishery owned by the Minister, the Minister, | ||
(b) in case such bed and soil is contiguous to a fishery acquired by the Central Board under section 37 of this Act, the Central Board, | ||
so much of such bed and soil, not exceeding fifty yards (45.72 metres) either above or below, of fifty yards (45.72 metres) above and fifty yards (45.72 metres) below, such fishery, as the Minister shall specify in the order. | ||
(2) An order under this section shall be expressed and operate to transfer to the Minister or the Central Board, as the case may be, as on and from the date specified therein in that behalf the bed and soil of the portion of the river of lake to which the order relates, in fee simple, free from encumbrances and from all estates and interests therein (except such angling right, if any, as may be reserved by the order). | ||
(3) Section 37 (6) (b) of, and Articles 4, 5, 8 and 9 of the Fifth Schedule to, this Act shall, with the necessary modifications, apply to an order under this section. | ||
(4) Nothing in this section shall enable the Central Board to acquire compulsorily any land vested in the State. | ||
(5) Where the Minister makes an order under this section he shall cause a copy of such order to be served on the owner of the bed and soil of the river or lake to which such order relates. | ||
(6) This section applies to a fishery which is either owned by the Minister or acquired by the Central Board under section 37 of this Act and which, in either case, is a weir (freshwater) fishery. | ||
(7) In this section “weir (freshwater) fishery” means a fishery for salmon, trout or eels carried on in freshwater by means of a fishing weir, and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery. |