LexThe Telangana Aqua-culture Seed (Quality Control) Act, 2006.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA AQUA-CULTURE SEED (QUALITY CONTROL)
ACT, 2006.
(ACT NO. 24 OF 2006)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
3. Constitution of State Level Aqua-culture Seed
Committee.
CHAPTER - III
4. Constitution of District Level Aqua-culture Seed
Committee.
5. Other Committees.
6. Proceedings of District Committee not to be invalid by
reason of any vacancy therein.
7. Procedure for District Committee.
8. Secretary and Other Officers.
CHAPTER - IV
9. Establishment of Aqua-culture Seed Laboratory.
10. Powers to notify kinds or varieties of Aqua-culture
seeds.
11. Powers to specify size, purity and freedom from
disease, infections of Aqua-culture seed.
12. Regulation of sale of Aqua-culture seeds of notified
kinds or varieties.
13. Powers of Aqua-culture Seed Inspector.
2 [Act No. 24 of 2006]
14. Grant of Certificate by State Aqua-culture Seed
Committee.
15. Revocation of Certificate.
16. Procedure to be followed by Aqua-culture Seed
Inspector.
17. Report of Aqua-culture Seed Analyst.
18. Restriction on export and import of Aqua-culture seed of
notified kinds or varieties.
19. Recognition of Aqua-culture Seed Certification Agencies
of foreign countries.
CHAPTER - VI
20. Aqua-culture Seed Analysts.
21. Aqua-culture Seed Inspectors.
CHAPTER - VII
22. Penalty.
23. Forfeiture of property.
24. Offences by Companies.
CHAPTER - VIII
25. Appeal.
26. Protection of action taken in good faith.
27. Persons acting under this Act to be Public Servants.
28. Exemption.
CHAPTER - IX
29. Power to make rules.
THE TELANGANA AQUA-CULTURE SEED (QUALITY
CONTROL) ACT, 2006.1
ACT No.24 OF 2006.
1. (1) This Act may be called the 2Telangana Aqua-culture
Seed (Quality Control) Act, 2006.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(1) ‘Aqua-culture’ includes culture of fish or prawn or
shrimp or crab or any other aquatic animals and aquatic
plants in fresh water or marine waters or brackish waters;
(2) ‘Aqua Farm ’ means a place with water body used
for Aqua-culture;
(3) ‘Aqua Farmer ’ means an individual or a group of
individuals or a firm or a Company or any other juristic
person owning or having taken on lease a land or a water
body and having taken up Aqua -culture in ponds or in
confined waters or in structures erected i n them or in any
other manner;
1. The Andhra Pradesh Aqua -culture Seed (Quality Control) Act, 2006
received the assent of the Governor on the 19 th April, 2006. The said Act
in force in the combined State, as on 02.06.2014, has been adapted to
the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.24 of 2006]
(4) ‘Aqua-culture Seed ’ means larval early stages or
juveniles or any other classes of seeds of aquatic life,
including plant, plants origin, used for stocking in confined
waters such as tanks, lakes, ponds and pens or cage s or
any other structures erected in water, and includes,-
(i) seeds of cultivable aquatic animals such as fin fish,
cat fish, murel including orn amental fish and larvicidal fish
reared in fresh water, marine an d brackish water and in
aquaria;
(ii) seeds of shell fish, such as prawn , shrimp,
lobsters, crab, gastropods, bivalves and such other
crustaceans and mollusees;
(iii) fish larval stages (called as egg, hatchlings,
spawn, fry , fingerlings, advanced fingerlings, yearlings),
larval stages of p rawn, shrimp, lobsters, crabs (called as
nauplius, metanauplius, zoea, megalopamysis, post larvae)
and larval stages of mollusees (called veliger, spat etc.);
(5) ‘Aqua-culture Seed Laboratory ’ means the Aqua -
culture Seed Laboratory established under section 9 and
this includes State Aqua -culture Seed Laboratory and
Regional Aqua-culture Seed Laboratories;
(6) ‘Aqua-culture Seed Analysis ’ means procedures of
Aqua-culture Seed Analysis to verif y the required standards
of size, purity and freedom from infectious diseases;
(7) ‘Aqua-culture Seed Analyst ’ means an Aqua-culture
Seed Analyst appointed under section 20;
(8) ‘Aqua-Culture Seed Inspector ’ means an Aqua -
culture Seed Inspector appointed under section 21;
[Act No.24 of 2006] 3
(9) ‘Committee’ means the Aqua -culture Seed
Committee constituted under sub -section (1) of section 3
and sub-section (1) of section 4;
(10) ‘Container’ means a box, bottle, casket, tin, barrel,
case, receptacle, sack, wrapper or other thing in which any
aqua-culture seeds are placed;
(11) ‘Export’ means taking Aqua -culture seed from
India and 3Telangana State to a place outside Ind ia and
3Telangana State;
(12) ‘Fisherman’ means a person who is involved in
capture fishery activity by occupation and also includes
fishermen by birth;
(13) ‘Fish Seed Farm’ means a place with structures for
rearing of early stages of fish seed such as spawn or
hatchlings to the stages of fry or fingerlings or advanced
fingerlings;
(14) ‘Government’ means the State Government of
3Telangana;
(15) ‘Hatchery’ means a place where brooders are
maintained and used for production of Aqua -culture seed
and further rearing of the seed for supply to Aqua Farmers
and this includes back yard hatchery or part of the farm
including rearing in nurseries;
(16) ‘Import’ means bringing Aqua -culture seed into
India and 3Telangana State from a place outside India and
3Telangana State;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4 [Act No.24 of 2006]
(17) ‘kind’ means one or more related species or such
species of aquatic animals or aquatic plants each
individually or collectively are known by one common name
such as Carps, Shrimp, Prawn, Crab, Lobsters, Sea weeds,
Aquarium plants etc;
(18) ‘Notification’ means a notification published in the
4Telangana Gazette and the word ‘Notified’ shall be
construed accordingly;
(19) ‘Notified kind or variety ’ in relation to any Aqua -
culture seed means any kind or variety thereof notified
under section 10;
(20) ‘Prescribed’ means prescribed by rules made
under this Act;
(21) ‘Quarantine’ means a place of isolation for the
purpose of observing animals and or plants suspected of
harbouring an infectious disease prior to the introduction of /
import of such species to the new environment / country;
(22) ‘Variety’ means a sub-division of a kind identifiable
by morphology, growth, yield, seed or other characteristics;
(23) ‘Court’ means any Court not less than 1st Cl ass
Munsif Magistrate as notified by the Government for the
purpose.
CHAPTER - II
3. The Government may, as soon as may be after the
commencement of this Act, constitute a committee called
the State Aqua -culture Seed Committee (a) to advise the
Government on matters arising out of the administration of
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Constitution of
State Level Aqua-
culture Seed
Committee.
[Act No.24 of 2006] 5
this Act at State level; (b) to carry out such functions as to
Registration and Seed Certification; and (c) any other
functions assigned to it by or under this Act.
(2) The Committee shall consist of the following
members namely:-
(i) a Chairman to be nominated by the Government;
(ii) Commissioner of Fisheries / Director of Fisheries
shall be the Member Convenor;
(iii) six persons to be nominated by the Government
to represent such interests as the Government thinks fit of
whom not less than two persons sh all be representatives of
Aqua Farmers or hatchering operators;
(iv) three persons having knowledge in aq ua-culture
or working in an organisation connected with it to be
nominated by the Government.
(3) T he members of the C ommittee shall, unless their
seats become vacant earlier by resignation, death or other -
wise be entitled to hold office for a period of two years and
shall be eligible for re -nomination not exceeding two terms
at a stretch.
(4) The Committee may subject to the previous
approval of the Government make bye -laws fixing the
quorum and regulating its own procedures and the conduct
of all business to be transacted by it.
(5) The C ommittee may appoint one or more sub -
committees consisting wholly of members of the Committee
or wholly of other persons or partly of members of the
committee and partly of other persons, as it thinks fit, for the
purpose of discharging such of its functions as may be
6 [Act No.24 of 2006]
delegated to such sub -committee or sub-committees by the
Committee.
(6) The functions of the C ommittee or any such sub -
committee t hereof may be exercised not withstanding any
vacancy therein.
(7) The Government may appoint an officer to be the
Secretary of the Committee from the Department of
Fisheries, not below the rank of Joint Director of Fisheries
and shall provide the Committee with such clerical and other
staff as the Government considers necessary.
CHAPTER - III
4. (1) The Government may, by notification constitute
Aqua-culture Seed Committee at district level, to advise the
State Aqua culture Seed Committee on all matters relating
to registration and certification of hatcheries of fish / shrimp/
scampi hatcheries and to enforce the provisions of the Act
and the rules made thereunder.
(2) This District Committee shall consist of the following
members, namely:-
(i) the District Collector will be the Chairman of the
District Committee;
(ii) a nominee of Commissioner of Fisheries / Director
of Fisheries shall be a Member;
(iii) one member not below the rank of District Officer
of Fisheries Department of the concerned district;
(iv) two members, to be nominated by the
Government from out of the persons employed by the
Constitution of
District Level
Aqua-culture
Seed Committee.
[Act No.24 of 2006] 7
Marine Products Export Development Authority or 5Sri
Venkateswara Veterinary Univers ity not below the rank of
Associate Professors;
(v) four persons, to be nominated by the Government
to represent such interests as it thinks fit of whom not less
than two persons shall be represen tatives of Hatcheries and
Aqua Farmers.
(3) A member of the District Committee may unless his
seat becomes vacant earlier by resignation or otherwise, be
entitled to hold office for a period of two years from the date
of assumption:
Provided that a person nominated under clause (iii) or
clause (iv) of sub -section (2) shall hold office, so long as he
holds the appointment by virtue of which his nomination
was made.
5. The District Committee may appoint as many
Committees as it deems fit consisting wholly of the
members of the District Committee or wholly of other
persons or partly of members of the District Committee and
partly of other persons as it thinks fit to exercise such
powers and pe rform such duties as may be delegated to
them, subject to such conditions as the District Committee
may think fit.
6. No proceedings of the District Committee or any
Committee thereof shall become invalid merely by reason of
the existence of any vacancy therein or any defect in the
constitution thereof.
5. See now P.V.Narsimha Rao Telangana Veterinary University Act, 2005
(Act No.18 of 2005, amended by Act No.15 of 2017).
Other
Committees.
Proceedings of
District Committee
not to be invalid
by reason of any
vacancy therein.
8 [Act No.24 of 2006]
7. The District Committee may, subject to the previous
approval of the State Aqua -culture Seed Committe e, make
bye-laws for the Committee for the purpose of regulating its
own procedure and the procedure of any sub -committee
thereof and the conduct of all business to be transacted by
the Committee or as the case may be the sub-committees.
8. The Government may,-
(i) appoint an Officer of the Fisheries Department not
below the rank of Assistant Director of the concerned district
as Member Secretary of the District Committee; and
(ii) provide the District Committee with such technical
and other staff as the Government considers necessary.
CHAPTER - IV
9. (1) The Government may, by notification establish one
State level and one or more Regiona l Aqua -culture Seed
Laboratories or declare any seed laboratory as an Aqua-
culture Seed Laboratory where analysis of seeds of any
notified kind or variety shall be carried out by Seed Analysts
under this Act in the prescribed manner and to carry out any
other functions entrusted to it by or under this Act.
(2) such laboratories referred to under sub -section (1)
shall also act as nodal labs for control and harmonisation of
laboratories established in the private sector.
CHAPTER - V
10. (1) If the Govern ment, after consultation with the State
Aqua-culture Seed Committee, is of opinion that it is
necessary or expedient to regulate the quality of Aqua -
culture seed of any kind or variety to be sold for purposes of
Aqua-culture, it may, by notification declar e such kind or
Procedure for
District
Committee.
Secretary and
Other Officers.
Establishment of
Aqua-culture
Seed Laboratory.
Powers to notify
kinds or varieties
of Aqua-culture
seeds.
[Act No.24 of 2006] 9
variety to be a notified kind or variety for the purposes of this
Act and different kinds or varieties may be notified for
different Districts or for different areas thereof.
(2) Government may also by notification ban / prohibit
collection / sale of Aqua seed from natural sources for any
reason as a conservation measure.
11. The Government may, after consultat ion with the State
Aqua-culture Seed Committee and by notification specify,-
(a) the minimum limits of size, purity and free dom from
disease, infections of Aqua-culture seed with respect to any
Aqua-culture seed of any notified kind or variety;
(b) the mark or label to indicate that such Aqua-culture
seed confirms to the minimum limits of size, purity, source
of seed and freedom from disease, infections specified
under clause (a) and the particulars as may be specified
from time to time by Government which such mark of label
may contain.
12. No person shall, himself or by any other person on his
behalf, carry on the business of selling, keeping for sale,
offering to sell, bartering or otherwise supply any aqua -
culture seed of any notified kind or variety, unless,-
(a) such Aqua-culture seed identifiable as to its kind or
variety;
(b) such A qua-culture conforms to the minimum limits
of size, purity and freedom from disease, infections
specified under clause (a) of section 11;
(c) such A qua-culture seed conforms to the standards
for quarantine measures, as may be prescribed from time to
time;
Powers to specify
size, purity and
freedom from
disease, infections
of Aqua-culture
seed.
Regulation of sale
of Aqua-culture
seeds of notified
kinds or varieties.
10 [Act No.24 of 2006]
(d) the container of such Aqua -culture seed bears in
the prescribed manner, the mark or label containing the
correct particulars thereof, specified under clause (b) of
section 11; and
(e) he complies with other requirements as may be
prescribed.
13. (1) The Aqua-culture Seed Inspector may,-
(a) enter and search the premises of hatcheries and
fish seed farms at all reasonable times, with such
assistance, if any, as he considers necessary, any place in
which he 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 seed in respect of which the
offence has been or is being committed, not t o dispose of
any stock of such A qua-culture seed for a specific period
not exceeding thirty days or, unless the alleged offence is
such that the defect may be removed by the possessor of
the A qua-culture se ed, restrict the stock of such A qua-
culture seed from being sold;
(b) take samples of any A qua-culture seed of any
notified kind or variety from,-
(i) any ‘Hatchery’ or ‘Fish Seed Farm’ or any person
selling or offering to sell such Aqua-culture seed; or
(ii) any person who is in the course of conveying or
delivering or preparing to deliver such Aqua-culture seed to
a purchaser or a consignee; or
(iii) a purchaser or a co nsignee after delivery of
such Aqua-culture seed to him.,
Powers of Aqua-
culture Seed
Inspector.
[Act No.24 of 2006] 11
(c) send such sample for analysis to the A qua-culture
seed analyst for the area within which such sample has
been taken;
(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 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 Aqua-culture seed of any
notified kind or variety is taken under clause (a) of sub -
section (1), its cost, calcul ated at the rate at which such
Aqua-culture seed is usually sold to the public, shall be paid
on demand to the person from whom it is taken.
(3) The power conferred by this section includes power
to break-open any container in which any Aqua-culture seed
of any notified kind or variety may be contained or to col lect
the Aqua-culture seed from h atchery or pond where any
such Aqua-culture seed may be kept for sale:
Provided that, the power to collect the A qua-culture
seed from Hatchery or Fish Seed Farm shall be exercised
only after the owner or any other person in occupation of the
premises, if present, therein, refu ses to allow collection of
the A qua-culture seed from hatchery or fish seed farm on
being called upon to do so.
(4) Where the Aqua -culture Seed Inspector takes any
action under clause (a) of sub -section (1), he shall, as far as
possible, call not less than two persons to be present at the
time when such action is taken and take their signatures on
12 [Act No.24 of 2006]
a memorandum to be prepared in such form as may be
prescribed.
(5) The provisions of the Code of Criminal Procedure,
1973 shall, so far as the case may be, apply to any search
or seizure under this section as they apply to any search or
seizure made under the authority of a warrant issued under
section 94 of the said Code.
14. (1) Any ‘Hatchery’ or ‘Fish Seed Farm ’ or any person
selling, keeping for sale, offering to sell, barter ing or
otherwise supplying any A qua-culture seed of any notified
kind or variety, may i f he desires to have such aqua -culture
seed certified by the State Aqua -culture Seed Committee,
apply to the State Aqua-culture Seed Committee for grant of
a certificate for the purpose.
(2) Every application under sub -section (1) shall be
made in such f orm, shall contain such particulars and shall
be accompanied by such fees as may be prescribed by the
Government from time to time.
(3) On receipt of any such application for the grant of a
certificate through the District Aqua -culture Seed
Committee, t he State Aqua -culture Seed Commi ttee may,
after such enquiry as it thinks fit and after satisfying itse lf
that the A qua-culture seed to which the application relates
to conforms to the prescribed standards, grant a certificate
in such form and on such conditions as may be prescribed:
Provided that such standards shall not be lower than
the minimum limits of size, purity and freedom from disease,
infections as specified for that A qua-culture seed under
clause (a) of section 11.
Grant of
Certificate by
State Aqua-
culture Seed
Committee.
Central Act 2 of 1974.
[Act No.24 of 2006] 13
15. If the State Aqua -culture Seed Committee is satisfied,
either on a reference made to it in this behalf or otherwise,
that,-
(a) the certificate granted by it under section 14 has
been obtained by misrepresentation as to an essential fact ;
or
(b) the holder of the certificate has, without reasonable
cause, failed to comply with the conditions subject to which
the certificate has been granted or has contravened any of
the provisions of this Act or the rules made thereunder, then,
without prejudice to any other penalty to which the holder of
the certificate may be liable under this Act, the State Aqua -
culture Seed Committee may, after giving the holder of the
certificate an opportunity of showing cause, revoke the
certificate.
16. (1) Whenever an Aqua -culture Seed Inspector intends
to take sample of any Aqua-culture seed of any notified kind
or variety for analysis, he shall,-
(a) give notice in writing, then and there, of such
intention to the person from whom he intends to take
sample;
(b) except in special cases provided by rules made
under this Act, take three representative samples in the
prescribed manner and mark and seal or fasten up each
sample in such manner as its nature permits.
(2) when samples of any Aqua -culture seed of any
notified kind or variety are taken under sub -section (1) the
Aqua-culture Seed Inspector shall,-
(a) deliver one sample to the person from whom it
has been taken;
Revocation of
Certificate.
Procedure to be
followed by Aqua-
culture Seed
Inspector.
14 [Act No.24 of 2006]
(b) send in the prescribed manner another sample,
for analysis to the Aqua-culture Seed Analyst for the area
within which such sample has been taken; and
(c) send the remaining sample in the prescribed
manner to the State Aqua -culture Seed Laboratory for
analysis as an d when required under sub -section (2) of
section 17.
(3) If the person from whom the samples have been
taken refuses to accept one of the samples, the Aqua -
culture Seed Inspector shall send intimation to the Aqua -
culture Seed Analyst of such refusal and thereupon the
Aqua Culture Seed Analyst receiving the sample for analysis
shall divide it into two parts and shall seal or fasten up one
of those parts and shall cause it, either upon receipt of the
sample or when he delivers his report, to be delivered to the
Aqua-culture Seed Inspector who shall retain it for
production in case legal proceedings are taken.
(4) Where an Aqua -culture Seed Inspector takes any
action under clause (c) of sub-section (1) of section 13,-
(a) he shall use all despatch in ascertaining whether
or not the seed contravenes any of the provisions of section
12 and if it is ascertained that the seed does not so
contravene, forthwith revoke the order passed under the
said clause or as the case may be, take such action as may
be necessary for the return of the stock of the seed seized;
(b) if he seizes the stock of the seed, he shall, as
soon as may be, inform a Court and take its order as to the
custody thereof;
(c) without prejudice to the institution of any
prosecution, if the alleged offence is such that the defect
may be removed by the possessor of the seed, he shall on
[Act No.24 of 2006] 15
being satisfied that the defect has been so rectified,
forthwith revoke the order passed under the said clause.
(5) Where an Aqua -culture Seed Inspector seizes any
record, register, document or any other material object
under clause (d) of sub-section (1) of section 13, he shall as
soon as may be, inform a Magistrate and take his orders as
to the custody thereof.
17. (1) The Aqua -culture Seed Analyst shall, as soon as
may be after the receipt of the sample under sub -section (2)
of section 16 analyse the sample at the Regional Aqua -
culture Seed Laboratory and deliver, in such form as may be
prescribed one copy of th e report of the result of the
analysis to the Aqua -culture Seed Inspector and another
copy thereof to the person from whom the sample has been
taken.
(2) After the institution of a prosecution under this Act,
the accused vendor or the complainant may on payment of
the prescribed fee, make an application to the Court for
sending the sample mentioned in clause (a) of sub -section
(2) of section 16 to the State Aqua -culture Seed Laboratory
for its report and on receipt of the application, the Court
shall first ascertain that the mark and the seal or fastening as
provided in clause (b) of sub -section (1) of section 16 are
intact and may then despatch the sample under its own seal
to the State Aqua -culture Seed Laboratory which shall
thereupon send its report to the Court in the prescribed form
within one week from the date of direction of Court,
specifying the result of the analysis.
(3) The report sent by the State Aqua -culture Seed
Laboratory under sub-section (2) shall supersede the report
given by the Aqua -culture Seed Analyst under sub -section
(1).
Report of Aqua-
culture Seed
Analyst.
16 [Act No.24 of 2006]
(4) Where the report sent by the State Aqua -culture
Seed Laboratory under sub -section (2) is produced in any
proceedings under section 22 it shall not be necessary in
such proceedings to produce any sample or part thereof
taken for analysis.
18. No person shall, for the purpose of culture / recreation
(including himself) export or import or cause to be exported
or imported any Aqua -culture seed of any notified kind or
variety unless,-
(a) it conforms to the minimum limits of size, purity and
freedom from disease, infections specified for that Aqua -
culture seed under clause (a) of section 11; and
(b) its container bears, in the prescribed manner, the
mark or label with the correct particulars thereof spec ified
for that Aqua-culture seed under clause (b) of section 11.
19. The Government may, on the recommendation of the
State Aqua -culture Seed Committee and, by notification,
recognise any Culture S eed Certification Agency
established in any foreign country for the purposes of this
Act.
CHAPTER - VI
20. The Government may, by notification appoint such
persons as it thinks fit, having the prescribed qualifications,
to be Aqua Culture Seed Analysts and define the areas
within which they shall exercise jurisdiction.
21. The Gove rnment may, by notification, appoint such
persons as it thinks fit, having the prescribed qualifications,
to be Aqua culture Seed Inspectors and define the areas
within which they shall exercise jurisdiction.
Restriction on
export and import
of Aqua-culture
seed of notified
kinds or varieties.
Recognition of
Aqua-culture seed
certification
agencies of
foreign countries.
Aqua-culture
Seed Analysts.
Aqua-culture
Seed Inspectors.
[Act No.24 of 2006] 17
CHAPTER - VII
22. If any person,-
(a) contravenes any provision of this Act or any rule
made thereunder; or
(b) prevents an Aqua -culture Seed Inspector from
taking sample under this Act; or
(c) prevents an Aqua -culture Seed Inspector from
exercising any other power conferred on him by or under
this Act,
shall, on conviction, be punishable,-
(i) for the first offence with fine which may extend to
minimum of five thousand rupees; and
(ii) in the event of such person having been
previously convicted of an offence under this section, with
imprisonment for a term which may extend to minimum of
six months or with fine which may extend to minimum of ten
thousand rupees or with both.
23. Where a person has been convicted of any offence
punishable under this Act or the rules made thereunder, the
Aqua-culture seed in respect of which the offence has been
committed, may be forfeited to the Government.
24. (1) Where an offence under this Act has been
committed by a Company, every person who at the time of
the offence was committed, was in charge of and was
responsible to the company for the conduct of the business
of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Penalty.
Forfeiture of
property.
Offences by
Companies.
18 [Act No.24 of 2006]
Provided that nothing contained in this sub -section
shall render any such person liable to any punishment
under this Act, if he proves that the offence was committed
without his knowledge and th at he exercised all due
diligence to prevent, the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1) where an offence under this Act has been committed by
a company and it is proved that the offence has been
committed with the consent or conniva nce of or is
attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation:- For the purposes of this section,-
(a) ‘Company’ means any body corporate and
includes a firm or other association of individuals; and
(b) ‘Director’ in relation to a firm means a partner in
the firm.
CHAPTER - VIII
25. (1) Any person aggrieved by a decision of the District
Aqua-culture Seed Committee may within thirty days from
the date on which the decision is communicated to him and
on payment of such fees as may be prescribed, prefer an
appeal to the State Aqua-culture Seed Committee.
(2) Any person aggrieved by a decision of the State
Aqua-Culture Seed Committee may within thirty (30) days
from the date on which the decision is communicated to him
and on payment of such fees as may be prescribed, prefer
an appeal to the Government:
Appeal.
[Act No.24 of 2006] 19
Provided that the appellate authority may entertain an
appeal after the expiry of the said period of thirty days if it is
satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
(3) On receipt of an appeal under sub -section (1) and
sub-section (2), the appellate authority shall, after giving an
opportunity of being heard dispose of the appeal as
expeditiously as possible.
(4) Every order passed by the State Aqua-Culture Seed
Committee on an appeal prefer red to it and the orders
passed by the Government on an appeal preferred to them
under this section, shall be final.
26. No suit, prosecution or other legal proceedings shall lie
against the Government or any officer or employee of the
Government for anything which is in good faith done or
intended to be done under this Act or the rules made
thereunder.
27. Any person acting under th is Act shall be deemed to
be a P ublic Servant within the meaning of section 21 of the
Indian Penal Code.
28. Nothing in this Act shall apply to any Aqua-culture seed
of any notified kind or variety grown by a person and sold or
delivered by him in his own premises direct to another
person for being used by that person for the purpose of
recreation.
CHAPTER - IX
29. (1) The Government may , by notification, make rules
for carrying out all or any of the purposes of this Act.
Protection of
action taken in
good faith.
Persons acting
under this Act to
be Public
Servants.
Central Act 45 of 1860.
Exemption.
Power to make
rules.
20 [Act No.24 of 2006]
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for,-
(a) the functions of the member s of State Aqua -
culture Seed Commi ttee and District Aqua -culture Seed
Committees and the travelling and daily allowances payable
to membe rs of the Committees and members of any sub-
committee appointed under sub-section (5) of section 3 and
section 5;
(b) the functions of the Aqua-culture Seed
Laboratory;
(c) the functions of State Aqua -culture Seed
Committee and District Aqua-culture Seed Committee;
(d) the manner of marking or label ling the cont ainer
of Aqua -culture seed of any notified kind or variety under
clause (d) of section 12 and under clause (b) of section 18;
(e) the requirements which may be complied with by
person carrying on the business referred to in section 12;
(f) the form of application for the grant of a
certification under section 14, the particulars it may contain,
the fees which should accompany it, the form of the
certificate and the conditions subject to which the certificate
may be granted;
(g) the standards to which Aqua-culture seeds should
conform;
(h) the form and manner in w hich and the fee on
payment of which an appeal may be preferred under section
25 and the procedure to be followed by the Appellate
Authority in disposing of the appeal;
[Act No.24 of 2006] 21
(i) the qual ifications and duties of Aqua -culture Seed
Analysts and Aqua-culture Seed Inspector;
(j) the manner in which samples may be taken by the
Aqua-culture Seed Inspector, the procedure for sending
such samples to the Aqua-culture Seed Analyst or the Aqua-
culture Seed Laboratory and the manner of analysing such
samples;
(k) the form of report of the resul t of the analysis
under sub -section ( 1) or sub -section (2) of section 17 and
the fees payab le in respect of such repo rt under the said
sub-section (2);
(l) the records to be maintained by a person carrying
on the business referred to in section 12 and the particulars
which such records shall contain;
(m) issue of licences to ‘Hatcheries’, ‘Fish Seed
Farms’;
(n) safeguarding brood fish or pr awn or any parent
stock of Aquatic animals or plants; and
(o) any other matter which is to be or may be
prescribed.
(3) Every rule made under this Act, shall, immediately
after it is made, be laid down before the Legislat ure of the
State, if it is in session and if it is not in session , in the
session immediately following f or a total period of fourteen
days which may be comprised in one session or in two
successive sessions, and if, before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modifica tion
in the rule or in the annulment of the rule, the rule shall, from
the date on which the mod ification or annulment is notified,
22 [Act No.24 of 2006]
have effect only in such modified form or shall stand
annulled 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.
* * *