LexThe Kerala Fish Procurement, Marketing and Maintenance of Quality Act, 2021
Kerala · state statute
Open in Lexace · Ask the AI about this act[Translation in English of “2021- ലലെ കകേരള മതത്സ്യസസംഭരണവവസം വവിപണനവവസം
ഗവണനവിലെവവാര പരവിപവാലെനവവസം ആകക " published under the authority of the Governor.]
ACT 16 OF 2021
THE KERALA FISH PROCUREMENT, MARKETING AND MAINTENANCE
OF QUALITY ACT, 2021 *
An Act to provide for regulating of fish procurement , auctioning and marketing, to
promote systematic, hygienic and efficient auctioning and marketing, to maintain
quality and for other matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for regulating fish procurement,
auctioning and marketing and to promote systematic, hygienic and efficient auctioning
and marketing, to maintain quality and other matters connected therewith or incidental
thereto;
BE it enacted in the Seventy-second Year of the Republic of India as follows:—
1. Short title and commencement. —(1) This Act may be called the Kerala Fish
Procurement, Marketing and Maintenance of Quality Act, 2021.
(2) It shall be deemed to have come into force on the 24 th day of September,
2021.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Adjudicating Officer” means the officer authorised by the Government
under sub-section (1) of section 26 of this Act;
(b) “Appellate Authority” means the District Collector having jurisdiction over
the district concerned;
(c) “auction commission” means the amount or fish realised from fish sellers as
service charge for the auction conducted or for providing facilities for conducting
auction;
(d) “auctioneer” means the person who has obtained a valid licence for fish
auctioning under section 5;
* Received the assent of the Governor on the 13th day of November, 2021 and published in the Kerala Extra
ordinary Gazette No. 3380 dated 15th November ,2021.
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(e) “Authorised Officer” means an officer of the rank of Assistant Director in
the Fisheries Department having jurisdiction over that area, authorised by the
Government by notification, for exercising the powers and for performing the duties
assigned under this Act;
(f) “chilled storage” means the facility to store fish chilled at low
temperature on commercial basis;
(g) “transportation facility” means mechanised vehicle used for the
distribution of fish through road, on commercial basis;
(h) “fish” means all aquatic animals which are edible and having economic
and commercial value;
(i) “fishing” means catching, collecting, attracting or chasing fish by adopting
any means;
(j) “Fish Landing Centre Management Society” means the society constituted
under section 7 of this Act for the management and maintenance of a landing centre ;
(k) “Fish Market Management Society” means the society constituted under
section 11 of this Act for the management and maintenance of a market;
(l) “fisherman” means a person engaged mainly in fishing for livelihood;
(m) “Government’ means the Government of Kerala;
(n) “harbour” means the place with necessary infrastructure for landing
fishing vessels and for unloading and handling fish safely and hygienically;
(o) “Harbour Management Society” means the society constituted under section
9 of this Act for the management and maintenance of a fishing harbour ;
(p) “ice plant” means the establishment producing ice industrially/
commercially for keeping fish without being spoiled;
(q) “landing centre” means the place notified under section 3 of this Act,
where fish can be brought directly from the sea to the shore ;
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(r) “market” means the place notified under section 3 of this Act where
marketing or transferring of fish is carried out for domestic consumption or exporting
other than landing centre, harbour, shop room, booth and fish farm ;
(s) “notification” means a notification published in the official gazette;
(t) “prescribed” means prescribed by rules made under this Act;
(u) “pre-processing” means beheading, separation of meat, removal of gills,
removal of entrails, removal of scales etc of fish;
(v) “pre-processing centre” means an establishment, place or premise set up
for doing pre-processing of fish industrially / commercially;
(w) “processing’ means canning, pickling, cooking, drying, marinading,
freezing, drying by smoking or preparing fish for marketing in similar manner;
(x) “processing centre” means an establishment, place or premise set up for
processing fish commercially;
(y) “State Level Fish Quality Maintenance Committee” means the Committee
constituted as per section 16;
(z) “user fee” means the fees realised from persons, institutions and vehicles
towards the utilization or use of infrastructure arranged by the Government or Local
Self Government Institutions in the landing centre, harbour or market;
(za) “vessel” means a vehicle used for fishing or transporting fish by water.
3. Power to declare landing centre, harbour and market .—(1) Notwithstanding
anything contained in any other law for the time being in force, the Government may,
by notification, declare landing centre, harbour and market, from time to time, for the
purposes of this Act;
(2) The Government may, by notification, specify the standards of physical
infrastructure of landing centre, harbour and market.
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4. Regulating of fish auctioning. —(1) No person shall conduct fish auctioning
through places other than the landing centre, harbour and market which are notified
as per sub-section (1) of section 3 of this Act;
Provided that nothing in this sub-section prevents the fishermen from directly
marketing the fish without auction.
(2) No person who has not obtained licence under section 5 of this Act shall
conduct fish auctioning in landing centre, harbour or market:
Provided that in any special circumstance, the Authorised Officer may grant
licence in the prescribed manner, on the basis of the recommendation of the Harbour
Management Society / Fish Landing Centre Management Society concerned, for engaging
in fish auctioning temporarily outside the landing centre, harbour or market notified by
the Government.
(3) The manner of conducting fish auctioning and allied activities shall be,
in the prescribed manner.
(4) An amount not exceeding five percent of the amount of auction may be
realised as auction commission, in the manner prescribed.
(5) The auction commission realised as per sub-section (4), may be apportioned
as follows, namely:—
(a) Fish Landing Centre /Fishing Harbour
(i) to the Auctioneer- twenty percentage;
(ii) to the Harbour Management Society/ Fish Landing Centre Management
Society- twenty percentage;
(iii) to return to the fishermen concerned as annual production bonus-
forty percentage;
(iv) to the societies taking part in the auction- twenty percentage.
(b) Fish Market
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(i) to the Auctioneer- twenty percentage;
(ii) to the Fish Market Management Society- twenty percentage;
(iii) to the Fishermen Welfare Fund Board for carrying out welfare
activities- thirty percentage;
(iv) to the Local Self Government Institutions/ owner of the market-
thirty percentage.
(6) No person, including the auctioneer, shall realise any other benefits of any
kind, as money or otherwise, in connection with fish auctioning.
(7) The auction shall be conducted on the basis of the number or weight of
fish or the number of box or basket in which they contain.
(8) Any person who has availed loan from the Fishermen Development Welfare
Co-operative Society for acquiring fishing equipments shall not engage in fish
auctioning except through the auctioneer deputed by the said society.
(9) Any person who contravenes any of the provisions of this section shall be
subjected to penal actions under section 30 of this Act.
5. Licence for auctioneer. —(1) For obtaining licence for conducting fish
auctioning in landing centre, harbour and market, a person shall submit such
application as prescribed, before the Authorised Officer of that area.
(2) An application under sub-section (1) shall be submitted with required details
and remitting such fee as prescribed, along with the recommendation of the Fish
Landing Centre Management Society or Harbour Management Society or Fish Market
Management Society, as the case may be, constituted in the place where he intendsg to
engage in auction or the Fisherman Development Welfare Co-operative Society existing
in that area.
(3) On receipt of an application under sub-section (1), the Authorised Officer
shall, after conducting or causing to be conducted necessary enquiry and on the basis
of such criteria as may be prescribed, either grant licence for conducting fish
auctioning or reject the application, within thirty days from the date of receipt of
application.
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(4) For obtaining licence, the applicant shall remit security deposit of
prescribed amount, in the manner prescribed.
(5) The licence granted under sub-section (3) shall be in such form as
prescribed and the name of the fish landing centre/harbour/market for which the
licence is granted and the district in which it is situated shall be recorded in it.
(6) In case an application submitted under sub-section (1) is rejected, said
information shall be intimated to the applicant along with the reason for rejection,
within thirty days from the date of receipt of the application.
(7) The auctioneer shall have right to conduct auction only at the place
recorded in the licence.
(8) The licence granted under this section shall be valid for a period of three
years, unless cancelled or suspended.
(9) A licence obtained under sub-section (3) may be renewed, by complying the
procedure to be followed for obtaining a new licence and by remitting such fee as may
be prescribed, before its expiry.
6. Conditions to be complied with by the auctioneer.—(1) Subject to the provisions
of this Act and the rules made thereunder, the auctioneer shall comply with the
following conditions, namely:—
(i) shall act in accordance with the conditions prescribed for obtaining licence
under section 5 and the notifications/orders related to it;
(ii) shall conduct auctioning of fish only in the harbour/ landing centre/
market specified in the licence subject to the provisions of this Act and the rules made
thereunder and the terms and conditions in the licence;
(iii) auctioneer shall not have the right to realize any kind of fees or
commission or any amount similar to it or not, except the auction commission fixed by
Government from time to time, through notification;
(2) If the auctioneer does any act in contravention of the provisions of this
Act or the rules made thereunder or the conditions in the licence, he shall be subjected
to the penal actions under section 30.
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7. Constitution of Fish Landing Centre Management Society. —(1) The Government
may, by notification, constitute Fish Landing Centre Management Society, for the proper
management, maintenance and surveillance of each fish landing centre. It shall consist
of the following members, namely:-
(i) President of the Grama panchayat/ Chairman of the
Municipality/Member of Municipal Corporation Division of
the area
: Chairperson
(ii) Officer in charge of Matsyabhavan having jurisdiction
over the area
: Member
Secretary
(iii) Food Safety Officer having jurisdiction over the area. : Member
(iv) Project Officer, Matsyafed, having jurisdiction over the
area.
: Member
(v) Chairman of the Development Standing Committee of the
Grama Panchayat/Municipality of the area (not applicable
to Municipal Corporation)
: Member
(vi) Member of the Administrative Committee of the Grama
Panchayat /Municipal Council of the ward where the fish
landing centre is situated
(not applicable for Municipal Corporation)
: Member
(vii) two persons, nominated by the Government, from among
the presidents of the Fishermen Co-operative Society
within whose area of operation, the area situates.
: Members
(viii) not more than five representatives, nominated by the
Government, from among the traditional fishermen in the
respective area.
: Members
(2) The term of those who become members by virtue of the official position
they hold, as per items (ii), (iii) and (iv) of sub-section (1), shall be till they hold
such office.
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(3) The term of those who become members by virtue of the official position
they hold in the Local Self Government Institutions as per items (i), (v) and (vi) of
sub section (1), shall be till they hold such position.
(4) The term of those who become members as nominated from the presidents
of Fishermen Co-operative Society, under item (vii) of sub-section (1) shall be five years
from the date of publication of the notification under sub-section (1) or till he ceases
to be a president, whichever is earlier.
(5) The term of the traditional fishermen nominated as members as per item
(viii) of the sub-section (1) shall be five years from the date of publication of the
notification under sub-section (1).
(6) The non-official members nominated as per items (vii) and (viii) of sub-
section (1) may resign his membership by giving notice in writing to the Government,
but he may continue in the office till the Government accept the resignation.
(7) The interim vacancy or casual vacancy of a nominated non-official member
shall be filled within three months from the occurrence of vacancy and the member so
newly nominated shall hold office for the remainder of the term of office of the
member in whose place he is so nominated.
(8) The Government may, remove any nominated member from membership,—
(a) if he is adjudged as of unsound mind by a court of competent
jurisdiction; or
(b) if he is adjudged as an insolvent by a court of competent jurisdiction;
or
(c) if he became incapable of continuing as such due to physical or mental
disabilities; or
(d) if he is punished for offence which in the opinion of the Government,
involves moral turpitude or financial irregularities.
8. Powers, duties and functions of Fish Landing Centre Management Society .—The
powers, duties and functions of the Fish Landing Centre Management Society constituted
as per section 7 of this Act shall be as follows, namely:—
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(i) to engage in the formulation of infrastructure development works and other
connected activities of the Fish Landing Centre, formulation of plans and supervision;
(ii) to ensure that fish auctioning, sale and maintenance of quality, in the
Fish Landing Centre are in accordance with the provisions of this Act;
(iii) to give awareness about the provisions of this Act to all stakeholders;
(iv) to solve disputes, if occur, between the participants of fish auctioning and
sale in Fish Landing Centre, by restricting unwarranted trends that may occur;
(v) to assist Government officials concerned, for implementing the provisions
of this Act effectively;
(vi) to arrange for realisation of user fee fixed by the Government by
notification, from the users;
(vii) to spend the user fee and the share of auction commission received, for
the development, management and for other activities of the Fish Landing Centre
concerned;
(viii) to remit prescribed rate of amount from the user fee received, as
Government's share, to the Government treasury in time ;
(ix) to depute temporarily required employees for carrying out the
management, maintenance and surveillance of the Fish Landing Centre, based on the
financial position of the Society;
(x) to exercise such other powers and perform such other duties and functions
as may be prescribed.
9. Constitution of Harbour Management Society. —(1) The Government may, by
notification, constitute Harbour Management Societies for the proper management,
maintenance and surveillance of each fishing harbour. It shall consist of the following
members, namely:—
(i) District Collector
Member of the Legislative Assembly of the
: Chairperson
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(ii)
(iii)
area
Executive Engineer, Harbour Engineering
Department
:
:
Member
Member
(iv) Deputy Director of Fisheries : Member Secretary
(v) District Manager, Matsyafed : Assistant Member
Secretary
(vi) a representative from Marine Products
Export Development Authority
: Member
(vii) Assistant Commissioner (Food Safety
Department)
: Member
(viii) District Medical Officer (Health) : Member
(ix) Executive Engineer (Kerala Water
Authority)
: Member
(x) one person nominated by the Government
from the elected members of the District
Panchayat /Ward Councilors of the area
: Member
(xi) not exceeding five representatives
nominated by the Government from among
the recognised trade unions in the
harbour.
: Members
(xii) one representative nominated by the
Government from the owners of the
mechanised vessels of the area
: Member.
(2) For performing administrative functions and other duties of the Harbour
Management Society and for taking decisions thereon, Government may constitute an
executive committee consisting of not less than six members. The powers and functions
of the executive committee shall be as prescribed.
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(3) The term of those who become members by virtue of the official position
they hold, as per items from (i) to (v) and (vii) to (ix) of sub-section (1) shall be, till
they hold such office.
(4) The term of the member nominated from the elected representatives of the
people of Local Self Government Institutions under item (x) of sub-section (1), shall be
for such period, till he holds such office.
(5) The term of the representative as per item (vi) and representatives
nominated under items (xi) and (xii) of sub-section (1) shall be five years from the
date of publication of the notification under sub-section (1).
(6) The non-official members nominated under items (xi) and (xii) of sub-
section (1) may resign his membership by giving a notice in writing to the Government,
but may continue in such office till the Government accept the resignation.
(7) The interim vacancy or casual vacancy of a nominated non-official member
shall be filled within three months from the occurrence of such vacancy and the
member so newly nominated shall hold office for the remainder of the term of office
of the member in whose place he is so nominated.
(8) If any nominated member,—
(a) is adjudged by a court of competent jurisdiction as unsound mind or;
(b) is adjudged as an insolvent by a court of competent jurisdiction or;
(c) is incapable of continuing as such due to physical or mental disabilities
or;
(d) is punished for offence which in the opinion of the Government
involves moral turpitude or financial irregularities, Government may remove him from
membership.
10. Powers, duties and functions of the Harbour Management Society.—The powers,
duties and functions of the Harbour Management Society constituted as per section 9
of this Act shall be as follows, namely:—
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(i) to engage in the formulation of infrastructure development works, other
activities of the harbour, formulation of plans and supervision;
(ii) to ensure that fish auctioning, sale and maintenance of quality in the
harbour are in accordance with the provisions of this Act:
Provided that in special circumstances, the Harbour Management Society may,
with the permission of the Government, take over the first sale of fish and connected
activities by avoiding auction.
(iii) to give awareness about the provisions of this Act to all stakeholders;
(iv) to solve disputes, if occur, between the participants of fish auctioning and
sale in the harbour, by restricting unwarranted trends that may occur;
(v) to assist Government officials concerned for implementing the provisions
of this Act effectively;
(vi) to arrange for the realisation of user fee fixed by the Government by
notification, from the users;
(vii) to apportion the auction commission realised, as fixed in sub-section
(5) of section 4;
(viii) to spend the user fee and the share of auction commission received, for
the development, functioning and for other activities of the harbour;
(ix) to remit prescribed rate of amount from user fee, as Government's share, to
the Government treasury, in time;
(x) to fix the basic price of fish and procure fish;
(xi) to depute temporarily, required employees for carrying out the
management, maintenance and surveillance of the harbour, based on the financial
position of the society;
(xii) to exercise such other powers, and fulfill such other duties and functions
as may be prescribed.
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11. Constitution of Fish Market Management Society .—(1) The Government may, by
notification, constitute Fish Market Management Societies for the proper management,
maintenance and surveillance of each fish market functioning in public ownership or
public-private partnership or under Local Self Government Institutions or in private
sector or in co-operative sector. It shall consist of the following members, namely:-
(i) President of the Grama Panchayat/ Chairman of the
Municipality/ Member of the Division of the Municipal
Corporation, of that area
: Chairperson
(ii) The officer in charge of Matsyabhavan having jurisdiction
over the area
: Member
Secretary
(iii) Food safety officer, having jurisdiction over the area : Member
(iv) Project Officer, Matsyafed : Member
(v) Chairman, Grama Panchayat Development Standing
Committee/ Chairman, Municipality Health Standing
Committee, concerned.
(Not applicable to Municipal Corporation)
: Member
(vi) Member of the ward, Grama Panchayat/ Municipality, where
fish market is situated
(Not applicable to Municipal Corporation)
: Member
(vii) two representatives nominated by the Government from the
recognised trade unions of fishing allied workers
: Members
(viii) one representative nominated by the Government from
presidents of Fishermen Co-operative Societies
: Member.
(2) The term of those who become members by virtue of the official
position they hold under items (i), (ii), (iii), (iv) and (v) of sub-section (1) shall be
till they hold such office in the respective area.
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(3) The term of the member who is the elected representative of Local Self
Government Institutions under item (vi) of sub-section (1) shall be till he hold such
position.
(4) The term of the representatives nominated under item (vii) of sub-section
(1) shall be five years from the date of publication of the notification under sub-
section (1).
(5) The term of the members nominated as per item (viii) of sub-section(1)
shall be five years from the date of publication of the notification under sub-section
(1) or till he ceases to be the president of the Fishermen Co-operative Society,
whichever is earlier.
(6) The non-official members nominated under item (vii) of sub-section (1),
may resign his membership by giving a notice in writing to the Government, but may
continue in that office till Government accept the resignation.
(7) The interim vacancy or casual vacancy of a nominated non-official member
shall be filled within three months from the date of occurrence of the vacancy and the
term of the member so newly nominated shall only for the remainder of the term of
the member who vacated the office.
(8) If any nominated member,—
(a) is adjudged as unsound mind by a court of competent jurisdiction or ;
(b) is adjudged as an insolvent by a court of competent jurisdiction or;
(c) is incapable of continuing as such due to physical or mental disability or;
(d) is punished for offence which in the opinion of the Government involves
moral turpitude or financial irregularities, Government may remove him from
membership.
12. Powers, Duties and Functions of Fish Market Management Society.—The powers,
duties and functions of the Fish Market Management Society constituted as per
section 11 of this Act shall be as follows, namely:—
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(i) to engage in the formulation of infrastructure development works and other
activities of the market, formulation of plans and supervision;
(ii) to ensure that the fish auctioning, sale and quality maintenance are in
accordance with the provisions of this Act;
(iii) to give awareness about the provisions of this Act to all stakeholders;
(iv) to solve disputes, if occur, between the participants of fish auctioning and
sale in the market by restricting unwarranted trends that may occur;
(v) to assist Government officials concerned for implementing the provisions of
this Act effectively;
(vi) to arrange for realisation of the user fee fixed by Grama Panchayat /
Municipality/ Municipal Corporation from users; from the amount so realised, remit in
time the prescribed rate of amount in the Local Self Government Institution of the area
where the fish market is situated, in time.
(vii) to spend the user fee received for the development, management and other
activities of the market;
(viii) to depute temporarily, required employees for carrying out the
management, maintenance and surveillance of the market based on the financial
position of the society;
(ix) to exercise such other powers and fulfill such other duties and functions as
may be prescribed.
13. Regulation of ice plant, chilled storage, pre-processing centre, processing
centre and transporting facility. —(1) Ice plant, chilled storage, pre-processing centre,
processing centre and transporting facility which have not obtained permit under
section 14 of this Act shall not function in the State.
(2) Any person who contravenes the prohibition under sub-section (1) shall be
subjected to the penal actions under section 29 of this Act.
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(3) All ice plants, chilled storage, pre-processing centre, processing centre and
transporting facility functioning on the date of commencement of this Act shall obtain
permit under section 14 within 30th June, 2022.
14. Permit for ice plant, chilled storage, pre-processing centre, processing centre
and transporting facility. —(1) For obtaining a permit for operating ice plant, chilled
storage, pre-processing centre, processing centre or transporting facility, a person shall
submit an application before the Authorised Officer of that area in the prescribed
manner.
(2) The applications submitted as per sub-section (1) shall be as prescribed, in
such form and remitting such fee.
(3) The Authorised Officer shall, on the applications received as per sub-
section (1), conduct or cause to be conducted an enquiry and based on the eligibility
as may be prescribed, either grant the permit in the form that may be prescribed or
reject the application, within a period not exceeding thirty days from the date of
receipt of the application.
(4) For granting permit, the applicant shall remit prescribed amount of security
deposit in the manner prescribed.
(5) If the application is rejected, said information, together with reasons
thereof shall be intimated to the applicant in writing or within thirty days from the
date of receipt of the application.
(6) The permit issued under this section shall be valid up to three years, unless
suspended or cancelled.
(7) A permit obtained under sub-section (3) may be renewed before its expiry
by complying the procedure to be followed for obtaining a new permit and by remitting
such fee as may be prescribed.
15. Regulation of quality maintenance of fish.—(1) The owner or possessor of a
fish landing centre, harbour, market, shop room, booth, sales outlet, chilled storage, ice
plant, pre-processing centre, processing centre, transport facility or container where fish
is handled shall comply with all criteria fixed by Government, by notification, for
maintenance of quality of fish and hygiene.
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(2) No person shall engage in any activity in such a way contravening any of
the provisions stated in sub-section (1) or abetting the same.
(3) No person shall, voluntarily or by inducement of another person add any
chemical/toxic substances to the fish and make it inedible or poor quality.
(4) No person shall enagage in auctioning, marketing, transportation and
distribution of fish without complying with the provisions and criteria as per sub-
section (1).
(5) Whoever contravenes any of the provisions of this section shall be
subjected to the penal actions under section 30 of this Act.
16. Constitution of State Level Fish Quality Maintenance Committee.—The
Government may, by notification, constitute a State Level Fish Quality Maintenance
Committee for the effective and efficient implementation of the provisions of this Act
and it shall consist of the following members, namely:—
(i) Director of Fisheries —Chairperson
(ii) Commissioner of Food Safety—Member
(iii) Director of Health Services—Member
(iv) Director of Panchayats—Member
(v) Chief Government Analyst—Member
(vi) A representative nominated from the Central Institute of Fisheries Technology
—Member
(vii) Joint Director of Fisheries — Member Secretary
17. Powers, duties and functions of the State Level Fish Quality Maintenance
Committee.—The State Level Fish Quality Maintenance Committee constituted as per
section 16 shall have the following powers, duties and functions, namely:—
(i) to provide necessary technical advice and recommendation to the
Government regarding the implementation of the provisions of this Act;
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(ii) to give awareness to the fish consumers about the quality;
(iii) to provide technical support to the notified officials for issuing
quality certificate to the fish obtained by fishing;
(iv) to give recognition to the laboratories for conducting examinations
under the provisions of this Act;
(v) to fix and and publish the quality of fish obtained by fishing;
(vi) to perform such other functions as may be prescribed.
18. Restriction on auction, marketing etc. of fish based on item and size.—(1) The
Government may, by notification, impose, restriction or prohibition on auction,
marketing, transportation and distribution of particular item or particular size of fish.
(2) Whoever contravenes the restriction or prohibition imposed under sub-
section (1) shall be subjected to the penal actions under section 29 of this Act.
19. Procurement of Fish and Fixation of basic price.—(1) The Harbour Management
Society shall have the power to fix the basic price of fish, from time to time, as
prescribed.
(2) The fish caught and brought by fishermen, if they are interested may be
procured as prescribed, through the Fishermen Development Welfare Co-operative
Societies in which they are members, after giving the basic price fixed as per sub-
section (1). The procurement facilities needed for this shall be, as prescribed.
20. Certification of fish obtained by fishing.—(1) If it is necessary for exporting
fish, the owner of the fishing vessel shall be eligible to obtain certificate as prescribed.
(2) The certificate under sub-section (1) shall be issued by an officer not
below the rank of Fisheries Extension Officer in the Fisheries Department, authorised by
Government through notification, by complying the procedures as may be prescribed.
21. Certification of quality of fish . —(1)When an application is submitted in
the manner as may be prescribed, the producer shall be eligible to get quality
certificate for the fish, for ensuring that it is edible and for protecting the interest
of consumers.
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(2) The quality needed for the fish for obtaining certificate as per sub-section
(1) shall be fixed separately and published by the State Level Fish Quality Maintenance
Committee constituted as per section 16.
(3) The certificate under sub-section (1) shall be issued by an officer not
below the rank of Fisheries Extension Officer in the Fisheries Department, authorised by
Government through notification, by complying the procedures as may be prescribed.
22. Submission of return by the permit holder. —(1) The owner or possessor who
has obtained permit for ice plant, pre-processing centre or processing centre and the
auctioneer who has obtained licence for fish landing centre, harbour or market shall
submit a return to the Authorised Officer, in the manner as may be prescribed and
within the time as may be prescribed.
(2) The Authorised Officer shall examine the returns and ensure their accuracy
and clarity.
(3) For ensuring the accuracy of the returns, the Authorised Officer may
require the licence/ permit holder to produce the connected records.
(4) For ensuring the accuracy of the returns, the licence/ permit holder shall
have the responsibility to produce the records as required by the Authorised Officer.
(5) Any person who contravenes the provisions in this section shall be
subjected to penal actions under section 29 of this Act.
23. Cancellation, suspension and amendment of permit. —If the licence/ permit
granted as per sections 5 and 14 is obtained by furnishing false information or the
permit holder contravenes any of the provisions of this Act or the rules made
thereunder or notifications or orders issued, the Authorised Officer shall have the
power to cancel, suspend or amend such licence/ permit or realise wholly or partly the
security amount remitted:
Provided that no licence/ permit shall be cancelled or suspended or amended or
no security amount be realised fully or partly, without affording a reasonable
opportunity of being heard to the person or the owner concerned, before taking such
action.
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24. Powers, duties and functions of the Authorised Officer .—The Government may,
by notification, authorize an officer of the Fisheries Department in the rank of
Assistant Director, having jurisdiction over the respective area, as Authorised Officer
for exercising the powers and performing the duties given under this Act.
25. Power for inspection, seizure and disposal of .—(1) The Government may
authorise officers of the Fisheries Department not below the rank of Fisheries Officer
as Inspecting Officers to ensure that the provisions of this Act are implemented
effectively.
(2) If the Inspecting Officer is convinced that the provisions in sections 13
and 18 of this Act are contravened or the fish handled are stale or containing germs or
added chemicals/ toxic substances or of sub-standard quality, he shall have the power
to inspect any vessel, fish landing centre, harbour, market, shop room, booth, chilled
storage, ice plant, pre-processing centre, processing centre, fish transportation facility
and container and allied things.
(3) If the places inspected under sub-section (2) are not functioning in
accordance with the provisions of this Act, the Inspecting Officer shall give direction to
the person or the establishment concerned to stop functioning and close down the
same within a fixed time, in the manner as may be prescribed.
(4) If stale, infected, chemicals/ toxic substance added or sub-standard fish is
found on inspection, the Inspecting Officer shall have the power to seize and destroy it
in the manner as may be prescribed. Provided the reason for seizure/destruction shall
be given in writing to the person or the institution concerned.
(5) After taking action under sub-sections (3) and (4), the Inspecting Officer
shall urgently report its details to the Adjudicating Officer in the manner prescribed.
26. Adjudication.—(1) The Government may, by notification, authorise an officer of
the Fisheries Department not below the rank of Deputy Director, having jurisdiction
over that district, as Adjudicating Officer for exercising the powers and performing the
functions given under this Act.
(2) The Adjudicating Officer shall, on receipt of a report from the Inspecting
officer under sub-section (5) of section 25, hold an enquiry into the matters mentioned
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in the report if necessary in the manner as may be prescribed, after giving all the
parties concerned a reasonable opportunity of being heard.
(3) On an action taken under sub-section (2), if the adjudicating officer is
satisfied that a person has contravened the provisions of sections 13 or 18 or the fish
handled was stale or contain germs or added chemical or toxic substance or of
substandard quality, that person shall be subjected to fine and action under section
29 of this Act.
27. Appeal.—(1) Any person aggrieved by the decision of the Adjudicating
Officer, may prefer an appeal before the Appellate Authority of that area, within thirty
days from the date of that decision. The decision taken thereon by the Appellate
Authority shall be final.
(2) When an appeal is preferred against the decision made under the
provisions of this Act, the appellant shall deposit the entire fine amount, otherwise the
Appellate Authority shall not accept the appeal.
(3) On receipt of an appeal under sub-section (1), the Appellate Authority shall
make an inquiry in the matter and shall finally dispose of it within thirty days from
the date of receipt of appeal.
(4) The Appellate Authority may stay further actions on the decision rendered
by the Adjudicating Officer, till the disposal of such appeal.
28. Powers of the Adjudicating Officer and the Appellate Authority for
conducting enquiry under this Act .—(1) For the purpose of inquiry under this Act, the
Adjudicating Officer and the Appellate Authority shall have the same powers vested in
a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while
trying a civil suit, in respect of the following matters, namely:—
(a) to summon any person and examine him on oath;
(b) to require the discovery and production of any document;
(c) to receive evidence on affidavit;
(d) to requisition any public records or copy thereof from any court or
office, and
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(e) to examine witnesses and inspect documents.
(2) The powers exercised by the Adjudicating Officer or the Appellate
Authority as per this Act shall be deemed to be equal to civil court and be subjected
to the provisions of sections 345 and 346 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).
29. Penalty.—(1)Whoever contravenes any of the provisions of sections 13, 18 or
22 of this Act or any conditions of licence/ permit or handles fish which is stale or
contains germs or added chemicals/ toxic substance or of poor quality, and if found
guilty, the Adjudicating Officer may impose an amount not exceeding the following
amount as fine,—
(a) ten thousand rupees, for any contravention of law for the first time;
(b) twenty five thousand rupees, for any contravention of law for the second
time;
(c) one lakh rupees, for any contravention of law for the third or more
times.
(2) In addition to the fine under sub-section (1), the adjudicating officer may,
suspend or cancel the licence/permit.
(3) Any amount of penalty imposed under this Act may be recovered as if it
were any arrear of public revenue due on land.
30. Trial for the offence.—(1) Anyone who contravenes sections 4, 6 or 15 of this
Act or the rules made thereunder, shall be tried by a Court of Judicial Magistrate of
First Class .
(2) Whoever contravenes any of the provisions of sections 4, 6 or 15 of this Act,
if found guilty, shall be liable to punishment not exceeding the following, namely:—
(a) imprisonment for two months or fine of one lakh rupees or with both,
for any one or more offences, for the first time;
(b) imprisonment for one year or fine of three lakh rupees or with both, for
any one or more offences, for the second time;
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(c) imprisonment for one year or fine of five lakh rupees or with both,
for any one or more offences, if committed more than two times;
(d) whoever contravenes or attempt to contravene the provisions of this Act
or the rules or notifications or orders made thereunder, shall be convicted, if proved,
without prejudice to other penalties he may get.
(3) In addition to the penalty under sub-section (2), the licence /permit issued
may be suspended or cancelled until found eligible.
(4) The person who contravenes any of the provisions of this Act or the rules
made thereunder or any notification or order issued on that basis is an association or a
co-operative society or a corporation or a body corporate, or a director or a manager
of it, or an officer or an agent thereof, whoever may be, it shall be deemed that the
person who held the position at the time of commission of the offence have committed
the contravention of the law.
(5) Whoever contravened or abetted to contravene the provisions of this Act or
the rules or notification or order made thereunder, may be subjected to action as per
law.
31. Protection of action taken in good faith. —(1) No suit, prosecution or other
legal proceeding shall lie against any officer or authority for anything which is done
in good faith or intended to be done in pursuance of any of the provisions of this
Act or the rules made thereunder.
(2) No suit or other legal proceeding shall lie against any officer or authority
for any damage caused or likely to be caused by any action which is done in good faith
or intended to be done in pursuance of this Act or any rule made thereunder.
32. Power to remove difficulties .—(1) If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by general or special order, do
anything not inconsistent with the provisions of this Act, which appears to it to be
necessary or expedient for the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
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(2) Every order made under this section shall be laid as soon as may be after it
is made, before the Legislative Assembly.
33. Power to make rules .—(1) The Government may, by notification in the
Gazette, make rules to carry out all or any of the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before the Legislative Assembly, while it is in session for a total period of
fourteen days, which may be comprised in one session or in two successive sessions, and
if, before the expiry of the session in which it is so laid or the session immediately
following, the Legislative Assembly makes any modification in the rule or decides that
the rule should not be made, the rule shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be, so however that, any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
34. Repeal and saving.—(1) The Kerala Fish Auctioning, Marketing and
Maintenance of Quality Ordinance, 2021 (112 of 2021) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done
or any action taken or deemed to have been taken under said Ordinance shall be
deemed to have been done or taken under this Act.