The ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY ACT, 2020.

1
THE ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT
AUTHORITY ACT, 2020
ACT NO. 29 OF 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER-I
PRELIMINARY
1. Short title, extent and Commencement
2. Declaration as to expediency of control by the State
3. Definitions
CHAPTER-II
THE ANDHRA PRADESH AQUACULTURE AUTHORITY
4. Establishment and constitution of the Authority
5. Functions of the Authority
6. Powers of the Authority
CHAPTER-III
COMMITTEES AND EXECUTIVE STAFF OF THE AUTHORITY
7. Executive Committee
8. Technical Advisory Committee
9. District Level implementation Committee
10.Other Committees of the Authority
11.Disqualification for membership of the Authority and its
Committees
12. Executive Officers and Staff of the Authority
CHAPTER-IV
FINANCE AND ACCOUNTS OF THE AUTHORITY
13. Fund of the Authority
14. Initial capital
15. Audit of accounts of the Authority
16. Transfer of property and contracts
17. Land alienations and acquisitions of land
CHAPTER-V
REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESS
OPERATIONS
18. Aquaculture Controller
19. Licensing Authority
20. Regulation of Aquaculture and Aquaculture Business by the
Authority
21. Classification of Aquaculture and Aquaculture Business
2
CHAPTER-VI
LICENSE
22. Process of issuance of License for doing Aquaculture
23. Process of issuance of License for doing aquaculture Business
24. Licence Fee
25. Duration of License/Endorsement
26. Suspension / Cancellation of License
CHAPTER-VII
SAMPLE COLLECTION AND ANALYSIS
27. Laboratories
28. Aquaculture Inspector
29. Powers, role and responsibilities of the Aquaculture Inspector
30. Collection and Analysis of Sample
31. Report of Laboratory
CHAPTER-VIII
OFFENSESAND PENALITIES
32. Offences
33. Penalty
34. Seizure and Forfeiture of the Property
CHAPTER-IX
APPEAL
35. Appeal
CHAPTER-X
MISCELLENOUS
36. Exemption
37. Protection of action taken in good faith
38. Persons acting under this Act to be Public Servants
39. Power to make rules
40. Power to remove difficulties
3
THE ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT
AUTHORITY ACT, 2020
ACT NO. 29 OF 2020
(5th  August, 2020)
AN ACT TO ESTABLISH A0NDHRA PRADESH STATE AQUACULTURE
DEVELOPMENT AUTHORITY (APSADA) AND TO PROVIDE FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventy-First year of the Republic of India as follows:
CHAPTER-I
PRELIMINARY
1.Short title, extent and Commencement -(1) This Act may be called the
Andhra Pradesh State Aquaculture Development Authority Act, 2020.
(2)It extends to the whole of the State of Andhra Pradesh.
(3)It shall come into force on such date as the State Government may, by
notification, appoint.
2. Declaration as to expediency of control by the State -(1) It is hereby
declared that it is expedient in the public interest that the State should take
under its control the aquaculture and aquaculture business operations.
(2)sub-section (1) excludes the environmental and other related aspects
of aquaculture which were taken under the control of Coastal Aquaculture
Authority as per the Coastal Aquaculture Authority Act, 2005(Central Act
No.24 of 2005).
(3)This Act will be in conformity with the existing Central Acts and in
case of any contraventions, the existing Central Acts will prevail over this Act.
3.Definitions -In this Act, unless the context otherwise requires,-
(1) “Act” means the Andhra Pradesh State Aquaculture Development
Authority Act, 2020;
(2) “Aquaculture Business Operations" means all the
operations/activities undertaken for carrying out Aquaculture business;
(3) “Aquaculture Business Operators” means any person/ company/
firm carrying out Aquaculture business operations;
(4) “Aquaculture Business” means production/manufacture/
rendering, dealership/distribution, sale of aquaculture inputs, aquaculture
equipment and aquaculture services, aquaculture harvest, aquaculture post-
harvest operations and all other related activities;
(5) “Aquaculture Equipment” means devices, equipment, implements,
tools etc including accessories (like aerators, air blowers, automatic feeders
etc);
(6) “Aquaculture Farm” means any place with water holding facility to
do aquaculture;
(7) “Aquaculture Farmers” means the person/firm/company
undertaking aquaculture;
(8) “Aquaculture Harvest Operations” means the activities undertaken
to harvest aquaculture produce;
(9) “Aquaculture inputs” means seed, feed, feed supplements, aqua
chemicals, aqua products, medicines, all other materials that are used directly
or in combination with others for doing aquaculture;
4
(10) “Aquaculture Inspector" means any officer of Fisheries Department
who is designated as Aquaculture Inspector under section 28;
(11) “Aquaculture post-harvest operations” means any activity
undertaken from harvest till it is sold to consumer including weighment,
addition of ice, transport, pre-processing, processing, value addition,
packaging, preservation, storage, cold chain, trade, marketing, export and all
such activities;
(12) “Aquaculture Produce” means biomass of aquatic organisms
produced through aquaculture;
(13) “Aquaculture Services” means services provided by any
person/firm/company/institution/body(like Aqua Labs, Aqua Consultant,Aqua
Technicians, Aquaculture extension personnel and others) for doing
aquaculture;
(14) “Aquaculture” means growing of aquatic organism from smaller
size to larger size;
(15) “Aquatic Organism” means an animal or plant of any species or
hybrid thereof, and includes gametes, seeds, egg, sperm, larvae, juvenile and
adult stages, any one of which is required to be in water (of any salinity) during
that stage of its life. It includes but not limited to cartilaginous and bony
fishes, freshwater and marine prawn and shrimp, crustaceans, molluscs,
echinoderms, amphibians, tortoises, plankton, seaweeds, aquatic plants and
all other aquatic organisms at all stages of their life cycle and any other
animal/s declared from time to time by the Government through notification;
(16) “Authority” means the Andhra Pradesh State Aquaculture
Development Authority;
(17) “Company” means company as defined in the Companies Act,
2013(Central Act No.18 of 2013);
(18) “Court” means any Court not less than a Court of Judicial
Magistrate of First Class in the State of Andhra Pradesh;
(19) “Distributor/Dealer” means the person/company/firm who
distributes the aqua inputs / equipment on wholesale basis to vendors for
retail sales;
(20) “Firm” means a firm / partnership firm registered under the Indian
Partnership Act, 1932(Central Act No.9 of 1932);
(21) “Government” means the State Government of Andhra Pradesh.
(22) “License” means any license given under sections 22 and 23 in
favour of any person or company/firm for carrying out aquaculture and/or
aquaculture business operations;
(23) “Licensing authority” means the officer who is empowered to grant
licenses to do aquaculture and/or aquaculture business operations;
(24) “Notification” means a notification published in the Andhra
Pradesh Gazette;
(25) “Prescribed” means prescribed by Rules made under this Act;
CHAPTER-II
THE ANDHRA PRADESH AQUACULTURE AUTHORITY
4.Establishment and constitution of the Authority -(1) With effect from
such date as the Government may, by notification in the Official Gazette,
specify in this behalf, there shall be established for the purposes of this Act, an
Authority to be called the Andhra Pradesh State AquacultureDevelopment
Authority.
5
(2)The Authority shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with powers to acquire, hold and
dispose of property, both movable and immovable, and to contract, and shall
by the said name sue and be sued.
(3)The Authority shall consist of -
(i)Chief Minister, Government of Andhra Pradesh, who shall
be the Chairman;
(ii)Minister dealing with the Department of AHDDF,
Government of AndhraPradesh, who shall be the Vice-
Chairman;
(iii)Any other person nominated by the Government, who
shall be the Co¬Vice Chairman;
(iv)Vice-Chairman, Agriculture Mission, Government of
Andhra Pradesh-Member;
(v)One Member of Parliament (LS/RS), having experience in
Aquaculture and nominated by the Government - Member;
(vi)Chief Secretary, Government of Andhra Pradesh -Member;
(vii)Special Chief Secretary / Principal Secretary/ Secretary
of AHDDF Department, Government of Andhra Pradesh –
Member;
(viii)Joint Secretary (Marine Fisheries), Department of
Fisheries, Government of India - Member;
(ix)Special Chief Secretary / Principal Secretary/ Secretary of
Finance Department, Government of Andhra Pradesh -
Member;
(x) Chairman, MPEDA or his representative (not less than
Director) - Member;
(xi)Director, EIA or his representative (not less than the rank
of Joint Director) -Member;
(xii)Member Secretary, CAA or his representative (not less
than Director) - Member;
(xiii)CE, NFDB or his representative (not less than ED) —
Member;
(xiv) CGM, NABARD-Member;
(xv) General Manager, General Insurance Company-Member;
(xvi)FGM, State Level Bankers Committee-Member;
(xvii)CEO, AP Food Processing Society-Member;
(xviii)Special Chief Secretary, EFS&T-Member;
(xix) Three Members, representing Shrimp Farmers and
nominated by the Government;
(xx) Two Members, representing Fish Farmers and
nominated by the Government;
(xxi) Four Members, representing Aquaculture Business
Operators (Hatcheries/ Processing Plants/ Feed
Manufacturers / Aquaculture Health Care Product
“Manufacturers” Dealers) and nominated by the
Government;
(xxii) Chief Executive Officer of the Authority, who shall be
the Member Secretary;
6
(4)Meetings of the Authority:
(i)The Authority shall meet at least once in three months;
(ii)Subject to the provisions of sub-section (i), the Authority
may regulate the procedure in regard to its meetings and the
transaction of business at such meetings.
(5)No proceeding of the Authority shall be deemed to be invalid by
reasononly of the existence of any vacancy among its members or any defect in
the appointment of a member;
(6) Functions, powers, role and responsibility of the Authority, terms for
nomination of non-official members and term of nomination and other aspects
shall be as such as may be prescribed.
5.Function of the Authority -The Authority shall carry out the following
functions:
(i)to develop aquaculture in the state of Andhra Pradesh,
with a view to increasing production, productivity,
sustainability and profitability;
(ii)to attract investments to promote aquaculture based
establishments and industries;
(iii)to create new business avenues in the aquaculture sector;
(iv) to create a forum at the district/state level to resolve all
aquaculture related issues;
(v)to promote innovative and advanced aquaculture
technologies - pond/ cage/ pen/ raft/culture/mariculture
production systems, reservoir ranching, RAS, Biofloc etc;
(vi) to monitor, regulate and promote the production,
distribution and sales of all aquaculture inputs like seed,
feed, feed supplements, aqua chemicals, aqua products,
medicines, equipment and implements etc.;
(vii) to monitor, regulate and promote trade and export of
aquaculture produce/ seafood/ value added products;
(viii) in the event of crisis the authority may take up and
intervene into any activity in aquaculture sector to protect
the interests of the sector in due consultations with the
stakeholders.
(ix) to establish, run and support new organizations/
societies/ Institutions (like Quarantine/Nucleus Breeding
Centers / Brooder Multiplications Centers /Ice Plants / Pre-
processing Plants/Processing Plants/Cold Stores/
Hatcheries / Farms / Skill Development Centers /Training
Institutes etc);
(x) promotion of up-grading the skills of human resources to
increase the availability of skilled manpower to the
aquaculture industry with special emphasis on women
empowerment and to develop more professionals in
aquaculture sector;
(xi)to achieve financial sustainability of the Authority;
(xii)to render market intelligence service to aqua farmers;
(xiii)to promote transfer of technology in collaboration with
national and international institutions;
(xiv) to promote the farming of high valued fish species
including ornamental fish, for export and to promote
diversification;
7
(xv)to manage, conserve, and develop, aquatic resources, and
the aquaculture industry;
(xvi) to facilitate implementation of various centrally funded
schemes forthe establishment of new enterprises;
(xvii) to monitor, control and surveillance of diseases;
(xviii) to certify and promote all aquaculture inputs like seed,
feed, feed ingredients, feed supplements, aqua chemicals,
aqua products, medicines, implements, equipment, IT
enabled products/services, aquaculture produce / seafood/
value added products /aquaculture ancillary services;
(xix) to discharge any other function/ activity as may be
prescribed;
6.Powers of the Authority -The authority shall have the following powers:-
(i) initiate and conduct surveys and studies to ascertain
the potential and problems in aquaculture of the State;
(ii) to enact & enforce Acts and to formulate & implement
rules, regulations& policies;
(iii) issue licenses and endorse licenses for aquaculture
and aquaculture business operations;
(iv) order to bring any service / product under its
jurisdiction by means of framing regulations;
(v) with due consultation with stakeholders decide,
declare and fix the rate for any aquaculture input, tools,
equipment, service etc;
(vi) with due consultation with stakeholders decide,
declare and fix the rate for aquaculture produce / seafood /
value added products etc;
(vii) acquire and hold, take or give on lease, mortgage or
hire, or sell or otherwise dispose of, any movable or
immovable property;
(viii) establish new aquaculture projects / units/body /
establishment/ society/institute by convergence of various
Government schemes and by getting financial support from
different funding agencies;
(ix) take up Research and Development Programmes, if
need arises;
(x) to establish training centers and conduct skill
development / HRD programmes;
(xi) levy and collect certification charges / any other
charges on different aquaculture inputs like seed, feed, feed
ingredients, feed supplements, aqua chemicals, aqua
products, medicines, services and aquaculture
produce/seafood;
(xii) levy and charge fees or any other charges for services
rendered, or for facilities and equipment provided, by the
Authority;
(xiii) to collect market data on seafood exports and interpret
it for the benefit of aqua farmers;
(xiv) enter into MoUs;
(xv) provide consultancy services & to establish incubation
centers;
8
(xvi) enter into perform and carry out, whether directly or
any officer or agent authorized in that behalf, or by way of
joint venture with any person in or outside India, all such
contracts or agreements as may be necessary for the
discharge of the functions of the Authority;
(xvii) establish such departments, divisions and regional
offices as may be necessary for the proper discharge of its
functions;
(xviii) delegate the required powers to any of the executive
Officer/staff/Government employee to discharge the
functions of the authority;
(xix) entrust some of its functions /activities to any third
party agency/ agencies for efficient functioning of the
authority;
(xx) accept budget allocation from state and central
governments, funds, gifts, grants, donations or subsidies,
whether in cash or otherwise, and to utilize them for
discharging the functions of the Authority;
(xxi) to do all such other things which are necessary for the
efficient discharge of the functions of the Authority;
(xxii) establishing and networking of laboratories and aqua
technicians, institutions;
(xxiii) to collect, analyse samples and to certify all
aquaculture inputs like seed, feed, feed ingredients, feed
supplements, aqua chemicals, aqua products, medicines,
implements, equipment, IT enabled products/ services,
aquaculture produce/seafood/ value added products/
aquaculture ancillary services;
(xxiv) to inspect and audit any farm/hatchery/feed
manufacturing unit / any other aquaculture or aquaculture
business unit for compliance to the quality standards;
(xxv) to enter and inspect physical facilities, raw materials,
finished products, records of all aquaculture production,
processing and distribution and sales units;
(xxvi) impose fines and penalties to any aquaculture
production, processing and distribution and sales units in
case of violations of the provisions of the act;
(xxvii) regularize unauthorized aquaculture production,
processing and distribution and sales units;
(xxviii) regulate and control the conversion of
productive agriculture lands in aquaculture ponds;
(xxix) constitute committee or sub committees as and when
required for carrying out the functions of the authority in an
effective manner;
(xxx) any other powers as may be prescribed;
CHAPTER-III
COMMITTEES AND EXECUTIVE STAFF OF THE AUTHORITY
7. Executive Committee -(1) Execution of various programmes under
Authority shall be vested in an Executive Committee (hereinafter referred to as
“the EC”) consisting of:-
(i) Minister dealing with Department of AHDDF, Government
of Andhra Pradesh, who shall be the Chairman;
9
(ii)Special Chief Secretary / Principal Secretary/ Secretary of
AHDDF Department, Government of Andhra Pradesh, who
shall be the Vice- Chairman;
(iii)Chief Executive Officer, APSADA, who shall be the
Member Secretary;
(iv) Commissioner, CADA, Government of Andhra Pradesh-
Member;
(v)Director General, DCA, Government of Andhra Pradesh-
Member;
(vi)Member Secretary, APPCB, Government of Andhra
Pradesh- Member;
(vii) Additional Secretary of Finance, Government of Andhra
Pradesh- Member;
(viii)Joint Director, MPEDA- Member;
(ix) DGM, NABARD- Member;
(x)Dean, Faculty of Fishery Science, SVVU, Tirupati -
Member;
(xi)Two representatives from Shrimp Farmers and nominated
by the Government-Members;
(xii) One representative from Fish Farmers and nominated by
the Government-Member;
(xiii)Two representatives from Aquaculture Business
Operators andnominated by the Government-Members.
(Note: With the consent of the Chairman, the member
secretary may invite any Officer/ person as an invitee for the
meeting but the invitee shall not have voting rights.)
(2) Meetings of the Executive Committee:
(i)The Executive Committee shall meet at least once in a
month;
(ii)The Authority may regulate the procedure in regard to
Executive Committee meetings and the transaction of
business at such meetings.
(3) Functions, powers, role and responsibility of the Executive
Committee, terms for nomination of non-official members and term of
nomination and other aspects shall be as such as may be prescribed.
8.Technical Advisory Committee -(1) To design, verify, approve, monitor
technical programmes and to advise Authority in the matters pertaining
technical programmes, a committee namely “the Technical Advisory
Committee” shall be constituted with the following members:-
(i)Chief Executive Officer of the Authority, who shall be the
Chairman;
(ii)Additional Chief Executive Officer of the Authority-
Member;
(iii)One representative of Andhra Pradesh Food Processing
Society- Member;
(iv)One Professor in the Faculty of Fishery Science, SVVU,
nominated by the Dean of Fishery Faculty, SVVU, Tirupati-
Member;
(v)One representative of CIBA-Member;
(vi)One representative of CIFA-Member;
10
(vii)One representative of CAA-Member;
(viii) One representative of MPEDA-Member;
(ix) One representative of RGCA-Member;
(x)One representative of CIFT-Member;
(xi)One representative of CMFRI-Member;
(xii)Deputy Director, EIA-Member;
(xiii)Two representatives from Shrimp farmers nominated by
the Government -Members;
(xiv) One representative from Freshwater Fish farmers,
nominated by the Government -Member;
(xv) One representative from Shrimp / Fish Hatcheries,
nominated by the Government -Member;
(xvi) One representative from Feed Manufacturers nominated
by the Government-Member;
(xvii)One representative from Seafood Exporters nominated
by the Government -Member;
(xviii) One representative from Aqua products dealers
manufacturers nominated by the Government -Member;
(xix) One representative from Aqua Labs nominated by the
Government - Member;
(xx) Principal, SIFT, Kakinada, who shall be the Member
Secretary.
(2)Functions, powers, role and responsibility of the Technical Advisory
Committee, terms for nomination of non-official members and term of
nomination and other aspects shall be as such as may be prescribed.
9.District Level implementation Committee -(1)To Implement, monitor,
regulate functioning of the authority at districtlevel a committee namely “the
District Level Implementation Committee” (DLIC) shall be constituted with the
following members;-
(i)Collector, who shall be the Chairman;
(ii)Joint Collector (Rythu Bharosa)- Member;
(iii)District Fisheries Officer, who shall be the Member
Secretary;
(iv) Executive Engineer, APPCB- Member;
(v)Superintending Engineer, l&CAD Department- Member;
(vi)Deputy Director, Ground Water Department- Member;
(vii)General Manager, Industries Department- Member;
(viii)Deputy Director / Assistant Director, MPEDA- Member;
(ix) One progressive shrimp farmer, nominated by the
Chairman, DLIC, APSADA- Member;
(x) One progressive fish farmer, nominated by the Chairman,
DLIC, APSADA-Member;
(xi)One progressive fish/shrimp hatchery operator,
nominated by the Chairman, DLIC, APSADA- Member;
(xii) One representative of Seafood Processing Plant
Operators/ Exporters, nominated by the Chairman, DLIC,
APSADA- Member;
11
(xiii) One representative of Aqua Labs/Aqua Clinic
Operator, nominated by the Chairman, DLIC, APSADA-
Member;
(xiv) One representative of Aqua products dealers/
manufacturers nominated by the Chairman, DLIC, APSADA-
Member;
(2) Functions, powers, role and responsibility of the District Level
Implementation Committee, terms for nomination of non-official members and
term of nomination and other aspects shall be as such as may be prescribed.
10. Other Committees of the Authority -(1) Apart from Executive
Committee, Technical Advisory Committee and District Level Implementation
Committee, the Authority may appoint such other Committees as may be
necessary for the efficient discharge of its duties and performance of its
functions under this Act;
(2)The Authority shall have the power to co-opt as members of any
Committee appointed under sub-section (1) such other number of persons who
are not members of the Authority, as it may think fit.
11.Disqualification for membership of the Authority and its Committees -
A person shall be disqualified from being appointed or continuing as a
member of Authority or any committee of the authority, if he/she-
(i) is medically found or declared to be of unsound mind ;
(ii)is a person who having being declared an insolvent or
bankrupt underany law in force, is a undischarged insolvent
or bankrupt;
12.Executive Officers and Staff of the Authority -(1) The Commissioner of
Fisheries will be the Chief Executive Officer of Authority.
(2)To assist Chief Executive Officer and to perform such duties as
required, one Additional Chief Executive Officer, other Officers and Staff may
be taken on deputation basis;
(3)Terms of deputations, salaries and allowances and such conditions of
service in respect of leave, pension, provident fund and other matters as may
be applicable to any other State Government Department.
(4)Subject to such control and restrictions as may be prescribed, the
Authority may appoint such other Executive Officers and may engage such
Advisors, Consultants/ Experts/ Technicians/ Office Staff/ Skilled/ Unskilled
workers/ any other manpower as may be necessary for the efficient
performance of its functions and pay them such salaries and allowances as
may be prescribed and determined from time to time.
CHAPTER-IV
FINANCE AND ACCOUNTS OF THE AUTHORITY
13.Fund of the Authority -(1) The Authority shall have its own Fund. The
following shall be credited into the Fund of the Authority-
(a) all such amount as may be allocated in the budget by the
Government for the use of the Authority;
(b) Managerial grant sanctioned by the government in the budget of
Department of Fisheries;
(c)prescribed percentage of Aquaculture registration/ license fee
collected by the Department of Fisheries before the appointed date;
(d)all such amount as may be received by the Authority in the
exercise and discharge of its powers, and functions under this Act;
12
(e)all such amount as may be received by the Authority by way of
cess/fees and charges;
(f)all such amount as may be received by the Authority by way of
loans, donations, subsidies, gifts or grants from any source
whatsoever.
(2) The authority shall open a Green Channel PD Account towards
operation of this fund. All the amounts / revenue receipts of the authority shall
be deposited in this Green Channel Account;
(3) Any expenditure incurred by the Authority in the exercise, and
discharge of its powers, and functions under this Act shall be met from the
fund established under sub-section (1).
14.Initial capital -The initial capital of the Authority shall be Rs. 100 Crores
towards meeting the expenditure of the authority till it becomes financially self
reliant. The amount of the initial capital shall be paid to the Authority from the
Government in such installments as may be decided by the Department of
Finance.
15.Audit of accounts of the Authority -(1) The Authority shall cause proper
books of accounts to be kept of the income and expenditure, assets and
liabilities and all other transactions of the Authority.
(2) The annual audit of the accounts of the Authority shall be done as per
rules and regulations in vogue.
16.Transfer of property and contracts -(1) The Government may, by
notification published in the Gazette, transfer to the Authority-
(a) any movable or immovable property of the Department of
Fisheries required by the Authority for the discharge of its
functions under this Act; and
(b) any contract or liability of the Department of Fisheries
connected with any of the functions of the Authority.
(2) Upon the publication of notification under sub-section (1) in the
Gazette-
(a) the properties specified in such notification shall vest in, and be
the properties of the Authority;
(b)the contracts specified in that Order shall be deemed to be the
contracts of the Authority and all subsisting rights and obligations
of the Department of Fisheries under such contracts shall be
deemed to be the rights and obligations of the Authority;
(c)the liabilities specified in that notification shall be deemed to be
the liabilities of the Authority.
17.Land alienations and acquisitions of land -(1) Where any Government
land is required for the Authority, that landshall be deemed to be required for a
public purpose and may be alienated by the Government to the Authority as
per the rules and regulations.
(2)Where any private patta land is required for the Authority, that private
patta land shall be deemed to be required for a public purpose and may be
acquired to the Authority as per the rules and regulations.
(3)Any amount payable for the land alienation/ acquisition, shall be paid
by the Authority.
CHAPTER-V
13
REGULATION OF AQUACULTURE AND AQUACULTURE
BUSINESSOPERATIONS
18. Aquaculture Controller -The Chief Executive Officer (CEO) or any officer
empowered by him shall be the Aquaculture Controller under this Act.
19.Licensing Authority -The Collector or any other Fisheries Department
Officer empowered by the Aquaculture Controller shall act as the Licensing
Authority.
20.Regulation of Aquaculture and Aquaculture Business by the Authority
- (1) With effect from the appointed day of this Act, all the aquaculture and
aquaculture business operations shall come under the control of the Authority.
(2)For enforcement of sub-section (1), powers to enforce the existing
aquaculture related Act/s shall be vested with the Authority;
(3)The authority may enact any new aquaculture related Act/s as per
need for effective enforcement of sub-section (1).
(4)In case if provisions are not available for quality control of any aspect
of aquaculture and aquaculture business operations and the authority feels
that enacting a new act for that specific aspect/s is likely to take long time,
powers to prescribe rules for quality control for that specific aspect/s shall be
vested with the Authority under this Act since this Act covers each and every
aspect of aquaculture and aquaculture business operations.
(5)Quality standards for various aquaculture inputs, aquaculture
equipment and aquaculture services shall be prescribed.
(6) Standard Operating Procedures (SOPs) for aquaculture and-
aquaculture business operations are to be prescribed under this Act;
(7)Regulation of aquaculture, aquaculture business operations,
aquaculture business operators shall be carried out by the Authority in the
manner as may be prescribed.
21.Classification of Aquaculture and Aquaculture Business -The
aquaculture and aquaculture business operations shall be classifiedinto
different categories as may be prescribed.
CHAPTER-VI
LICENSE
22.Process of issuance of License for doing Aquaculture -(1) All the existing
aquaculture farmers who already got licenses /registrations for their farms
from Department of Fisheries/CAA/MPEDA shall be eligible for continuation of
their licenses/registrations. It is not necessary to apply for license/ registration
afresh. However, these old licenses/ registrationsare to be endorsed by the
licensing authority of this Act in order to consider them to be issued under this
Act.
(2) The licensed/registered aquaculture farmers under sub-section (1),
shall submit their details in the prescribed format along with prescribed fee
within four (4) months from the appointed date.
(3)The applications received, under sub-section (2) for endorsement of
existing licenses/ registrations, the process of endorsement shall be completed
by the licensing authority within 15 days by following the prescribed
procedure.
(4)If acceptance or rejection of application made under sub-section (2) is
not issued within the stipulated time of fifteen (15) days, the license shall be
deemed to be endorsed.
14
(5)If any existing aquaculture farmers who have not got license/
registered with Department of Fisheries/CAA /MPEDA as on appointed date,
shall apply for license in the prescribed format along with license fee within
four (4) months from the appointed date
(6)The license shall be issued by the licensing authority for the
applications received under sub-sections (5) within fifteen (15) days from the
date of application.
(7)If acceptance or rejection of application for license made under sub-
section(5) is not issued within fifteen (15) days from the date of application, the
license shall be deemed to be issued.
(8)For obtaining license for new farms, application shall be submitted in
the prescribed format along with prescribed license fee.
(9)Detailed procedure of issuance of license for applications received
under sub-section (8) shall be issued as may be prescribed.
23.Process of issuance of License for doing Aquaculture Business -
(1)Licenses already issued to the existing aquaculture businessoperators by
any department under any other Act shall be valid and it is not necessary to
apply for license afresh. However, these old licenses are to be endorsed by the
licensing authority of this Act in order to consider them to be issued under this
Act.
(2)The old licenses endorsed by the licensing authority are governed by
the provisions of this Act.
(3)The applications received, under sub-section (1) for endorsement of
existing licenses, the process of endorsement shall be completed by the
licensing authority within fifteen (15) days, by following the prescribed
procedure.
(4)If acceptance or rejection of application made under sub-section (1) is
not issued within the stipulated time of fifteen (15) days, the license shall be
deemed to be endorsed.
(5)Any person who wish to start a new Aquaculture Business
Operations/any firm registered under Partnership Act (Central Act No.9 of
1932)/ any company registered under Companies Act (Central Act No.18 of
2013), which desires to start new Aquaculture Business Operations shall apply
for the license under prescribed category of Aquaculture Business Operations
along with the prescribed license fee to the Licensing Authority in the manner
prescribed under Rules to be framed under this Act.
(6)In case if any person/firm/company wishes to undertake more than
one Aquaculture Business Operations shall need to tick concerned business
operations in the application and need to remit license fee for each type of
business operation separately.
(7)If any application under sub-section (5) is submitted, the Licensing
Authority:-
(a)If satisfied that the applicant has fulfilled all the terms and
conditions of application for carrying out the Aquaculture Business
Operations, the Licensing Authority shall issue the license within
fifteen (15) days from the date of application; or
(b)If the Licensing Authority is of the opinion that the applicant has
not fulfilled majority of the prescribed terms and conditions, the
applicant shall be informed the same and be given an opportunity
to furnish documents before rejecting the application within fifteen
(15) days from the date of receipt of letter issued by licensing
authority.
15
(c)If acceptance or rejection of application made under sub-section
(1) is not issued within the stipulated time of fifteen (15) days, the
license shall be deemed to be issued.
(8)If any person/firm, carrying out the Aquaculture Business Operations
without any license immediately before commencement of this law, the
person/company/ firm shall apply to the Licensing Authority within a period of
four (4) months from the appointed date as may be prescribed.
(9)If application is not submitted for license within the time limit as
prescribed under sub-section (4), the Licensing Authority can order for
stopping all Aquaculture Business Operations being undertaken by the
person/company/firm.
(10)If any application under sub-section (8) is submitted, the Licensing
Authority:-
(a)If satisfied that the applicant has fulfilled all the terms and
conditions of application for carrying out the Aquaculture Business
Operations, the Licensing Authority shall issue the license within
fifteen (15) days from the date of application; or
(b)If the Licensing Authority is of the opinion that the applicant has
not fulfilled majority of the prescribed terms and conditions, the
applicant shall be informed the same and be given an opportunity
to furnish documents before rejecting the application within fifteen
(15) days from the date of receipt of letter issued by the licensing
authority.
(c)Till the time of receiving acceptance or rejection of application
made under sub-section (8), the applicant may continue to operate
aquaculture business operations.
(d)If acceptance or rejection of application made under sub-section
(8) is not issued within the stipulated time of 15 days, the license
shall be deemed to be endorsed.
(11)The licensing authority shall make sure all the applications for
issuance of license / endorsement of license are in full shape so that the rate of
rejection is as minimum as possible. The licensing authority shall facilitate the
application process and shall render all possible support and assistance to the
applicants.
24.Licence Fee - Licence Fee will be fixed by rules to be framed under this Act.
25.Duration of License/Endorsement -Licenses issued / Endorsement made
under this law shall be valid for lifetime and shall not require any further
renewal.
26.Suspension / Cancellation of License -(1) The license is liable to be
suspended if the licensing authority is satisfied that either on a reference made
to it in this behalf or otherwise, that any offense, listed in rules for which
suspension of license is prescribed, was committed by the licensee or his
representative, without prejudice to any other penalty to which the holder of
the License may be liable under this Act and rules made thereunder.
(2) The license is liable to be cancelled if Licensing authority is satisfied
that either on a reference made to it in this behalf or otherwise, that any
offense, listed in rules for which cancellation of license is prescribed, was
committed by the licensee or his representative, without prejudice to any other
penalty to which the holder of the License may be liable under this Act or rules
made thereunder. The Licensing Authority may, after giving the holder of the
License an opportunity of showing cause, cancel the License as per the
procedure prescribed under rules to be framed under this Act.
16
CHAPTER-VII
SAMPLE COLLECTION AND ANALYSIS
27.Laboratories -The Government may notify one Referral Laboratory and one
or more regional Laboratories through the rules to be framed under this Act.
28.Aquaculture Inspector -Fisheries Development Officer (FDO) or any other
Officer not below the rank of FDO designated by the Aquaculture Controller as
the Aquaculture Inspector.
29. Powers, role and responsibilities of the Aquaculture Inspector -(1) The
Aquaculture Inspector may,-
(a)enter and search the premises in which Aquaculture
Business Operations are being undertaken at all reasonable
times, with such assistance, if any, when he/she receives
any complaint or as prescribed or if he/she considers
necessary, any place in which he/she has reason to believe
that an offence under this Act has been or is being
committed and order in writing the person in possession of
any aquaculture input/aquaculture equipment/ aquaculture
produce/ aquaculture service in respect of which the offence
has been or is being committed, not to dispose of any stock
of aquaculture inputs/aquaculture equipment/aquaculture
produce/aquaculture service for a specific period not
exceeding (7) seven days or, unless the alleged offence is
such that the defect may be rectified by the possessor of the
equipment/ product/ service, restrict the stock from being
sold;
(b) take samples of aquaculture inputs/aquaculture
equipment/ aquaculture produce -
(i)from any aquaculture inputs / aquaculture
equipment manufacture unit/ aquaculture produce
handling unit / storage facility, sale points from any
person/firm selling or offering to sell such product /
material; or
(ii)from any person who is in the course of conveying
or delivering or preparing to deliver such product /
material to a purchaser or a consignee; or
(iii)upon receipt of complaint, from any consignee or
purchaser after delivery of such product/material
tohim/her by following procedure as prescribed.
(c)send such sample for analysis to the notified Laboratory
as may be prescribed;
(d)examine any record, register, document or any other
material object found in any place mentioned in clause (a)
and seize the same if he/she has any reason to believe that it
may provide evidence of the commission of an offence
punishable under this Act; and
(e)exercise such other powers as may be necessary for
carrying out the purposes of this Act or any rule made
thereunder.
(2)Where any sample of any aquaculture inputs/ aquaculture
equipment/aquaculture produce is taken under sub-clause (i) and (ii) of clause
(b) of sub-section (1), its cost, calculated at the rate at which such product/
17
material is usually sold shall be paid in cash to the person from whom it is
being taken under proper cash bill/ invoice.
(3) The power conferred under this section includes power to break-open
any facility/container in which any aquaculture inputs/aquaculture
equipment/aquaculture produce may be contained or to collect such
product/material from production unit/manufacturing
unit/godown/warehouse/shop or any other place where any such product/
material may be kept for sale and distribution:
Note: Provided that, the power under sub-section (3) shall be exercised only
after the owner or any other person in occupation of the premises, if present,
therein, refuses to allow collection of the sample on being called upon to do so.
(4)Where the Aquaculture Inspector takes any action under sub-section
(3), he/she shall, as far as possible, ask the Committee, designated for the
purpose under rules of this Act, to be present at the time when such action
proposed to be taken and take the signatures of the Committee members on a
memorandum to be prepared in such form as may be prescribed.
(5)The authority shall have the powers exempt any aspect of any
aquaculturebusiness operations from the purview of Aquaculture Inspector
depending on the nature of material handled in such Aquaculture Business
Operations by framing rules under this Act.
30.Collection and Analysis of Sample -(1) The samples of aquaculture
inputs/aquaculture equipment/aquaculture produce/aquaculture services
shall be collected and analyzed in the prescribed manner.
(2)The authority may engage third party agency for collection and
analysis of randomized samples as in the manner prescribed.
31. Report of Laboratory -The report of analysis of samples of aquaculture
inputs/aquaculture equipment/aquaculture produce/aquaculture services
shall be given in the prescribed manner.
CHAPTER-VIII
OFFENSESAND PENALITIES
32.Offences -The offenses under this Act shall be prescribed.
33.Penalty -(1)If any person/firm or representative commits an offense under
section32 of this Act, shall, be punishable as may be prescribed.
(2) Government may notify other penalties from time to time.
34.Seizure and Forfeiture of the Property – (1) The aquaculture
inputs/aquaculture equipment/aquaculture produce/aquaculture services
shall be seized/forfeited if any person/firm or representative commits an
offense for which seizure or forfeiture as may be prescribed.
(2) Government may notify other offenses by committing which the stock
shall be seized/forfeited.
CHAPTER-IX
APPEAL
35.Appeal -(1) Any person/firm aggrieved by the decision of the Licensing
Authority, may within thirty (30) days from the date on which the decision is
communicated to him/her/it and on payment of such fees as may be
prescribed, prefer an appeal to the Aquaculture Controller.
Provided that the appellate authority may entertain an appeal after the
expiry of the said period of thirty (30) days if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
18
(2)On receipt of an appeal under sub-section (1), the appellate authority
shall, after giving an opportunity of being heard, dispose of the appeal within
fifteen (15) days.
(3)Every order passed by the Aquaculture Controller on an appeal
preferred to it under this section, shall be final.
CHAPTER-X
MISCELLENOUS
36. Exemption -This Act and Rules made thereunder, shall not be applicable
to aquaculture or aquaculture business operations done by the ICAR/ SVVU/
Department of Fisheries/ and other Government agencies/ institutions.
37.Protection of action taken in good faith - No suit, prosecution or other
legal proceedings shall lie against the Authority or any officer or employee of
the Authority for anything which is done or intended to be done in good faith
under this Act or the rules made thereunder.
38.Persons acting under this Act to be Public Servants - Any person acting
under this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code ( Central Act 45 of 1860).
39. Power to make rules -(1)The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing
power, such rules may provide for,-
(i)Functions, powers, role and responsibility of the Executive
Committee, Technical Advisory Committee, District Level
Implementation Committee or any other committees, terms
of nomination of non-official members and duration of
nomination and other aspects for all the committees;
(ii)Terms and conditions of deputation of executive officers
and staff of the Authority, admissible allowances and other
conditions of their service in APSADA;
(iii)Infrastructure facilities and units which are to be
transferred to the APSADA from Department of Fisheries;
(iv) Functions, role and responsibilities of Aquaculture
Controller, Licensing Authority and Aquaculture Inspector;
(v) Classification of aquaculture and aquaculture business
operations;
(vi)Process of issuance/endorsement of license for
aquaculture and aquaculture business operations;
(vii)Fee payable for issuance/endorsement of license for
aquaculture and aquaculture business operations;
(viii)Notifying one or more Laboratories for different areas
and one or more referral laboratories for the state;
(ix) the procedure of collection, packing, sealing, marking/
labeling, preservation, forwarding sample to laboratory,
analysis, st

Excerpt shown. Open the full act in Lexace.

‹ Prev All Andhra Pradesh acts Next ›