The Bihar Fish Jalkar Management Act, 2006 – Explained in Simple Terms

Act No.: Bihar Act 13 of 2006 (as amended by Bihar Act 13 of 2007, Bihar Act 20 of 2010, and Bihar Act 12 of 2018)
Last Updated (substantive amendment): 31 July 2018

Official Clean PDF (Samvida Edition): THE BIHAR FISH JALKAR MANAGEMENT ACT, 2006.pdf – Google Drive

Official text is available on the Bihar e-Gazette / India Code portals and in the Bihar Gazette notification containing “The Bihar Fish Jalkar Management Act, 2006 (Bihar Act 13 of 2006)” and its later amendment Acts.

1. Introduction

The Bihar Fish Jalkar Management Act, 2006 regulates how fish-bearing water bodies (“Jalkars”) under the Department of Animal Husbandry & Fisheries, Government of Bihar are managed and settled.

Its main aim is to:

• Increase scientific fish production in Bihar.
• Protect the livelihood of traditional and trained fishermen.
• Ensure transparent settlement of ponds, ahars, rivers and other water bodies.
• Prevent over-exploitation and illegal fishing.

Over time, the Act has been amended (2007, 2010, and 2018) to strengthen co-operative societies, clarify appeal forums, and bring more banking transparency into settlements.

2. Structure of the Act

3. Key Provisions Explained (with simple examples)

Section 2 – Important Definitions

• Jalkar covers tanks, pokhars, ahars, rivers, channels, chaurs, dhavs, reservoirs, lakes, ox-bow lakes etc. under the Animal Husbandry & Fisheries Department where fish, makhana or singhara are reared.
• Fishermen co-operative society is a block-level society of fishermen members only, registered under the Bihar Co-operative Societies laws.

Example: A government-owned pokhar in a village under the Fisheries Department is a “Jalkar”. A multi-purpose co-operative with both farmers and fishermen is not a fishermen co-operative society for this Act.

Section 3 & 4 – Listing and Reserve Deposit

Every district must maintain a block-wise list of Jalkars with details like khata number, area, watershed and reserve deposit. Jalkars are classified based on production potential. The Reserve Deposit Fixation Committee fixes:

• Annual production capacity for each type of Jalkar.
• Government selling price of fish / makhana / singhara.
• Reserve deposit (normally 10–15% of annual production value) with provision for annual percentage increase.

Example: If a pond’s annual production value is calculated at ₹1,00,000, reserve deposit will usually be between ₹10,000 and ₹15,000 per year.

Section 5 – Short-term and Long-term Settlement

• Short-term settlement is done for five settlement years (earlier seven; reduced by the 2018 Amendment).
• Long-term settlement may extend up to ten settlement years, with Collector’s approval.

The policy is to settle Jalkars primarily with fishermen co-operative societies and, in some situations, directly with trained fishermen.

Example: A block-level society may receive a five-year settlement of multiple ponds. For a shallow, under-utilised pond where development loan is sanctioned, a group of trained fishermen may obtain a ten-year long-term lease.

Section 6 – Long-Term Settlement Conditions

Long-term settlement (up to 10 years) is allowed mainly for developmental Jalkars, such as:

• Jalkars declared or likely to be declared parta (waste / under-used).
• Water bodies that need deepening, embankment strengthening or improved inlet/outlet to retain water.
• Jalkars with bank / government schemes for development.

Priority is given to trained fishermen of the same block. Beneficiaries must:

• Execute a registered agreement.
• Deposit one year’s reserve deposit within 15 days.
• Complete development work within 2 years, failing which settlement can be cancelled after hearing.

Example: A group of five trained fishermen from the same panchayat take a 3-hectare chaul for 10 years, deepen it with a bank loan and practice intensive fish culture.

Section 7 – Short-Term Settlement with Societies

Key features:

• Short-term settlement (five years) is done with non-defaulter fishermen co-operative societies or, if a society is disqualified, with its non-defaulting members.
• Approval levels depend on total annual reserve deposit (District Fisheries Officer / Deputy Director / Director / State Government). Limits can be revised by notification.
• Societies must submit audit reports, election certificate, AGM proceedings and a detailed proposal of which Jalkar will go to which member.
• Timelines are strict (notice before 31 March, applications by 30 April, orders before 15 June, with separate dates for singhara/makhana Jalkars).
• Part payment facility (two instalments) is available for larger amounts, but only if society extends the same facility to members.
• All financial transactions between members, societies and the District Fisheries Officer must be through bank accounts (2018 amendment).

If conditions are violated, settlement can be cancelled after show-cause and Collector’s approval.

Example: If a society fails to deposit the second instalment of reserve deposit by 31 January, the District Fisheries Officer can cancel the settlement and re-allot the Jalkars to individual members or through limited bid.

Section 8 – Limited Bid Settlement

Where:

• A society is disqualified, or
• It refuses to take certain Jalkars, or
• Limited bids among its members twice fail,

the Act provides a limited bid route:

• Notice is sent to local stakeholders (society, mukhiya, pramukh, ex-settlee, officers).
• Only those who deposit full reserve deposit as security can bid.
• If the highest bidder fails to pay in two working days, security is forfeited and the next highest bidder is considered.

Example: A disqualified society’s Jalkars are offered by limited bid to its non-defaulting members, with the condition that one person gets only one Jalkar.

Section 10–12 – Distribution, Parta & Remission

• Societies must prepare a fair proposal for village-wise/Jalkar-wise distribution among members, preferring fishermen of the same village, then neighbouring villages. Group settlement with a group leader is encouraged.
• If after two limited bids a Jalkar remains unsettled, the Reserve Deposit Committee may refix reserve deposit or declare it temporarily parta and recommend long-term settlement.
• Remission/rescheduling of dues is allowed only for natural calamities (flood, drought, earthquake, fish epidemic) subject to certificates from the Collector / Deputy Director (Fisheries). Until the State Government decides, the society is not treated as a defaulter.

Section 13 – Fishing Restrictions

Core restrictions include:

• Closed season for river fishing: 15 June to 15 August.
• Ban on gill nets below 4 cm mesh size in rivers.
• Ban on catching fingerlings of culturable fish species.
• Ban on explosives, poison or chemicals for fishing.
• After the 2018 amendment, fencing or obstructions restricting movement of fish in rivers and reservoirs is prohibited only during 15 June–15 August each year (earlier, the ban was without a specified period).

Violation of these provisions is an offence punishable with up to six months’ imprisonment or ₹500 fine or both; such offences are cognizable.

Section 14 – Appeals and Revisions

• Appeals against short-term settlement orders of District Fisheries Officer / Deputy Director now lie to the Divisional Commissioner (earlier Director Fisheries; changed by 2010 amendment).
• Appeals against orders of Collector or Director lie to the Departmental Commissioner; against State Government orders to the Member, Board of Revenue.
• Appeal must be filed within 30 days and decided within two months; interim stay orders are discouraged.

4. Practical Implications in Bihar

1. For Fishermen & Self-Help Groups
   • Traditional fishermen get priority access to departmental ponds and rivers, especially if they form or join a registered fishermen co-operative society.
   • Training from the Fisheries Department improves chances for long-term individual/group settlements.
   • Closed season and mesh size rules require fishermen to adjust their fishing calendar and gear; violations risk criminal cases.
2. For Fishermen Co-operative Societies
   • Societies must maintain clean audits, regular elections and transparent AGM records; otherwise they risk being labelled “disqualified”.
   • Detailed, member-wise distribution proposals are mandatory; informal or oral arrangements are risky.
   • After 2018, societies must issue patta to members for the same period as the government’s settlement with the society and cannot change members’ settlement period without competent authority’s approval—doing so is an offence.
   • All financial flows should be routed through bank accounts, which allows easier verification by authorities.
3. For District & Block Administration
   • District Fisheries Officers act as nodal officers—maintaining Jalkar lists, issuing notices, processing applications, signing agreements and monitoring compliance.
   • Collectors and Deputy Development Commissioners chair or participate in the Managing Committee and Reserve Deposit Committee, aligning fisheries management with overall district administration.
   • Civil courts generally have no jurisdiction over settlement disputes; challenges must follow the appeal routes under Section 14.
4. For Other Bodies (Zila Parishads, Municipalities, Revenue Department)
   • The Act directly applies only to Jalkars under the Animal Husbandry & Fisheries Department. For Jalkars controlled by other departments/boards, the Patna High Court has clarified that this Act does not automatically govern them, though those bodies may adopt its procedures for smooth settlement if they wish.

5. FAQs – Real-World Style Questions

Q1. Does this Act apply to all ponds and rivers in Bihar?
No. It applies only to Jalkars belonging to or managed by the Animal Husbandry & Fisheries Department, Government of Bihar. Other departments (e.g., Revenue, Zila Parishad) can adopt its procedure but are not automatically bound by it.

Q2. What is the maximum period of a long-term settlement?
The Act caps long-term settlement at ten settlement years. Patna High Court has held that a settlee cannot claim extension beyond this period as a matter of right, even if the agreement contains a clause suggesting further extension.

Q3. Can a fishermen co-operative society change the period of its members’ pattas on its own?
No. After the 2018 amendment, changing the period of settlement given to members without approval of the competent authority under Section 7(ii) is itself an offence.

Q4. Where can a fisherman or society file an appeal against an order of the District Fisheries Officer?
An appeal lies to the Divisional Commissioner (earlier Director Fisheries, but changed by the Bihar Act 20 of 2010).

Q5. Can civil courts entertain disputes about Jalkar settlements?
Generally no. Section 16 bars the jurisdiction of civil and revenue courts in settlement disputes, except where the Act itself provides for appeals/revisions.

Q6. What happens if fishing is done during closed season or using banned nets?
Such acts are offences under Sections 13 and 17, punishable with imprisonment up to six months or fine up to ₹500, or both; offences are cognizable and can lead to criminal proceedings.

6. Case Laws & Judicial Examples

(1) No Right to Extend Lease Beyond 10 Years

Bihar Regional Fish Producers Co-operative Federation Ltd. v. State of Bihar & Ors., Patna High Court (2020)

In this case, a fish farm settlee sought extension of its long-term settlement beyond 10 years, relying on a clause in the lease agreement that mentioned possible extension. The High Court held that since the Bihar Fish Jalkar Management Act, 2006 allows long-term settlement only up to 10 settlement years, any clause permitting further extension is contrary to statute and cannot give a legal right.

Takeaway: Contract clauses cannot override the statutory cap of 10 years.

(2) Appeal Lies to Divisional Commissioner, Not Director

Arun Sahni v. State of Bihar, Patna High Court, 2019

Here, the Commissioner dismissed an appeal on the ground that Section 14(i) did not permit such an appeal. The High Court examined the 2010 amendment and clarified that appeals against settlement orders of the District Fisheries Officer under Section 14(i) lie to the Divisional Commissioner. The Commissioner’s earlier view was held to be legally incorrect and the matter was remanded for fresh decision.

Takeaway: Post-2010, fishermen and societies should approach the Divisional Commissioner for appeals against short-term settlement orders.

(3) Applicability Limited to Fisheries Department Jalkars

Kusheshwar Asthan Prakhand Matsyajivi Sahkari Samiti Ltd. v. State of Bihar & Ors., Patna High Court

The Court reiterated that the 2006 Act applies only to Jalkars under the Animal Husbandry & Fish Resources Department. Jalkars settled by Zila Parishad or revenue authorities are outside its direct scope, though those bodies may adopt its procedure for future settlements.

7. Related Laws & Policies

• Bihar Fish Jalkar Management (Amendment) Acts, 2007, 2010 & 2018 – modify several sections of the 2006 Act.
• Fisheries Policy 2008 (Draft) & later policies of the Animal & Fish Resources Department – provide broader policy context for fish production and welfare of fishermen.
• Bihar Co-operative Societies Act, 1935 and Bihar Self Supporting Co-operative Societies Act, 1996 – govern registration and functioning of fishermen co-operative societies.

8. Summary

The Bihar Fish Jalkar Management Act, 2006 is the core statute for managing fish-bearing water bodies under the State’s Animal Husbandry & Fisheries Department. It creates a structured system for listing Jalkars, classifying them by productivity, and fixing reserve deposits to ensure both government revenue and sustainable use. Settlements are primarily channelled through fishermen co-operative societies for five-year cycles, with a separate mechanism for developmental long-term leases up to ten years.

The Act is detailed about procedure: timelines for notices, application scrutiny, conditions for payment, execution of registered agreements, and grounds for cancellation. It emphasises fairness in distribution among fishermen members, preference for local fishermen, and group-based settlement with designated leaders. Amendments in 2007, 2010 and 2018 have refined the framework by reducing short-term tenure to five years, mandating banking channels for transactions, clarifying appeal forums (Divisional Commissioner), and criminalising unauthorised changes in the period of member pattas.

Environmental and conservation concerns are reflected in Section 13, which provides a closed season for river fishing, regulates mesh size, and bans destructive methods like explosives and poison. The Act also limits civil court intervention, instead providing in-house appellate and revisional mechanisms to resolve disputes swiftly. Patna High Court decisions have reinforced the statutory cap on long-term settlements and clarified the limited field of application of the Act.

Overall, the legislation tries to balance three objectives: protecting the livelihood of traditional and trained fishermen, increasing fish production through scientific management, and safeguarding public resources. A Hindi version of this explainer can be prepared separately on request for wider accessibility in Bihar.

Conclusion & Disclaimer

🗣️ This article is part of Samvida Law Associates’ effort to simplify Bihar’s laws for public understanding. For individual legal problems, it is always advisable to consult a qualified advocate.

Disclaimer: This post is for informational purposes only and does not constitute legal advice.