Tamil Nadu Panchayats (Lease and licensing of Fishery rights in water sources vested and regulated by Village Panchayats and Panchayat Union Councils) Rules, 1999

Scope and who is affected

The Tamil Nadu Panchayats fishery rights rules apply to fishing in specified water sources controlled by Village Panchayats or Panchayat Union Councils. They cover:

• Irrigation sources entrusted to and maintained by Panchayat Union Councils, including specified non-provincialised Public Works Department water sources maintained by them.
• Irrigation sources entrusted to Panchayat Union Councils but maintained by Village Panchayats.
• All public water sources vested with Village Panchayats.

No person may take fish from a covered water source without a lease or licence granted by the relevant Village Panchayat, Panchayat Union Council or an authority authorised by them.

Lease and auction process

The Tamil Nadu Panchayats fishery rights rules require fishery leases to be granted through public auction. Key requirements are:

• A lease runs for five years.
• The lease amount increases each year by 10 per cent over the previous year's amount.
• The upset lease amount is fixed by the relevant Village Panchayat or Panchayat Union Council in consultation with the area Inspector of Fisheries.
• The earnest money deposit for participating in an auction is 5 per cent of the upset lease amount.
• Sufficient notice and publicity must be given before an auction.
• A participating fisheries Co-operative Society receives preference if it matches the highest bid. A society that did not participate cannot later claim the right by matching that bid.

The Inspector of Panchayats confirms the auction. The successful lessee must pay 25 per cent of the lease amount at the time of lease and the remaining 75 per cent within seven days from confirmation. Default results in termination, and the relevant local body may re-lease the fishery right.

Licence conditions and enforcement

The Tamil Nadu Panchayats fishery rights rules require a licence to identify the tank, location, licensee, fishing method, amount paid and licence period. The licence may restrict species, size, quantity, fishing periods, hours and days.

• A licence must be produced when demanded by the competent local authority or an authorised person.
• A licence is generally not transferable. It may be transferred to a legal heir if the licensee dies or becomes incapable or physically disqualified for fishing.
• A lost or mutilated licence may be replaced on payment of five rupees.
• A licence may be cancelled for breach of its conditions after the licensee is given a reasonable opportunity.
• Unauthorised fishing may attract a fine up to five hundred rupees, with a further fine up to fifty rupees for each day a continuing breach persists.
• A Magistrate may order forfeiture and removal of fishing engines or nets used in breach, and forfeiture of fish caught with them.

An appeal concerning acceptance of a bid may be filed with the Inspector within thirty days from auction confirmation. A person aggrieved by the Inspector's order may seek revision from the Director of Rural Development within thirty days of receiving that order.