(1) The Aquaculture Seed shall be seized /forfeited if any person/firm or representative commits an offence for which seizure or forfeiture is prescribed under Rules.
(2) Government may notify other offenses by committing which the Aquaculture Seed shall be seized / forfeited.]
1. Section 21 substituted by the Act No.36 of 2020, s.22.
2. Section 22 along with marginal heading substituted by the Act No.36 of 2020, s.23.
3. Section 23 along with marginal heading substituted by the Act No.36 of 2020, s.24.
1 [24. Offences by Companies/Firms – (1) While applying for license, companies/Firms have to nominate a person / persons who are responsible for the complying with the provisions of this Act and rules made there under.
(2) In case of violation of any provisions of this Act and rules made there under, the nominated person /persons as well as the company/firm itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(3) In case if nominated person/s is/are not working in the company at time of committing violation, for any reason, every person who at the time of the offence, was in- charge of and was responsible for the conduct of the business of the company/ firm, as well as the company/ firm itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.]
CHAPTER - VIII 2[25. 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 Controlling Authority.
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.
(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 as may be prescribed.
(3) Every order passed by the Controlling Authority on an appeal preferred to it under this section, shall be final.]
26. Protection of action taken in good faith - 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. 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).
3 [28. Exemption – (1) This Act and Rules made there under, shall not be applicable to -
(a) Aquaculture Seed / brooders produced and distributed for the purpose of conducting Research & Development and field trials by the ICAR/ SVVU/ Department of Fisheries/ and other Government agencies/ institutions.
(b) Aquaculture Seed / brooders produced by any person / firm / company on the written order by the ICAR / SVVU/ Department of Fisheries/ and other Government agencies / institutions for the purpose of conducting Research & Development and field trials.
1. Section 24 along with marginal heading substituted by the Act No.36 of 2020, s.25.
2. Section 25 substituted by the Act No.36 of 2020, s.26.
3. Section 28 substituted by the Act No.36 of 2020, s.27.
(2) In case if such Aquaculture Seed produced under subsection (1) is sold to any fish farmer/ user on cost basis, the exemption given under sub-section (1) shall be null and void.]
CHAPTER - IX 1[29. 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) the functions of Controlling Authority, Licensing Authority, Aquaculture Seed Inspector, Aquaculture Seed Analyst;
(ii) the powers, functions and role and responsibilities of members of State Aquaculture Seed Committee, District Aquaculture Seed Committees and other Committees;
(iii) Notifying one or more Aquaculture Seed Laboratories for different areas and one or more referral laboratories for the State;
(iv) the functions of the Aquaculture Seed Laboratory;
(v) the qualifications and duties of Aquaculture Seed Analysts and Aquaculture Seed Inspector;
(vi) the procedure of collection, packing, sealing, marking / labelling, preservation, forwarding sample toAquacultureSeed Laboratory, storing and disposal of the Aquaculture Seed sample collected;
(vii) the manner in which samples may be taken by the Aquaculture Seed Inspector, the procedure for sending such samples to the Aquaculture Seed Analyst or the Aquaculture Seed Laboratory and the manner of analyzing such samples;
(viii) the form of report of the result of the analysis and the fees payable in respect of such report;
(ix) the requirements which shall be complied by person/firm carrying out the business of Aquaculture Seed;
(x) the forms of application for the grant of a license/endorsement under, the particulars it may contain, the fees which should accompany it, the form of the License / endorsement and the conditions subject to which the License / endorsement may be granted and revoked;
(xi) The procedure to issue of licenses /endorsements to Hatcheries, Larval Rearing Centers and other such units ;
(xii) the standards to which Aquaculture Seed should confirm;
1. Section 29 substituted by the Act No.36 of 2020, s.28.
(xiii) the form and manner in which and the fee on payment of which an appeal may be preferred and the procedure to be followed by the Appellate Authority in disposing the appeal;
(xiv) the requirements which may be complied with by the licensee;
(xv) the form of application for the grant of a accreditation & certification, 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 and revoked;
(xvi) 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 Legislature of the State, if it is in session, and if it is not in session, in the session immediately following for 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 of the State agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, 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.]