(1) Every fish seed producer, fish seed grower and fish seed importer, shall apply in the prescribed form and obtain a Fish Seed Certificate from the officer mentioned under sub-section (2) in the form as may be prescribed, before sale, marketing, transport and export of fish seed.
(2) The District Fishery Development Officer or any other officers authorised by the State Government shall be the authorised officer for certification of fish seed.
(3) The District Fishery Development Officer or any other officer authorised by the State Government under sub-section (2) before issuing Fish Seed Certificate shall make an inspection and conduct such other inquiry as may be considered necessary as to the health of the fish seed taking into consideration the desired factors as provided in Schedule II.
The Fish Seed Certificate shall be in such form as may be prescribed.
(4) The District Fishery Development Officer or any other officer authorised under sub-section (2) may refuse to issue Fish Seed Certificate unless the condition of health of the Fish seed do not conform to the desired factors as provided in Schedule II, for reasons to be recorded in writing.
Fish Seed Regulators
15. The District fishery Development officer or any other Officers authorised by the State Government in this behalf shall be the Fish Seed Regulator for the purpose of this Act and shall exercise the following functions, namely :-
(i) to inspect and take sample of fish seed of any variety from any person producing, storing or selling such seed to a purchaser or any other person:
(ii) to exercise such functions in respect of entry, search and seizure as has been entrusted to him as such officers in section 16.
(iii) to examine any record, register, document or any other materials, objects found in any place and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence:
(iv) to furnish monthly report to the respective Zonal Deputy Director of Fisheries in respect of such matters as may be prescribed:
(v) to exercise such other powers as may be necessary for carrying out the purposes of this Act and rules made thereunder.
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 20051522 Power of entry, search, arrest and detention
16. Notwithstanding anything contained in any other law for the time being in force, any officer of the Fishery Department not below the rank of Fishery Extension Officer, if necessary, with the assistance of Police or Civil Administration or any Police Officer, not below the rank of a sub Inspector, or any Asstt. Sub Inspector in the absence of a regular Sub Inspector may, if he has reasonable grounds for believing that any person, association, farm or group of persons have committed an offence under this Act:-
(a) require any such person etc to produce for inspection any fish seed, brood fish, container, article, appliance, tool, vehicle, boat, steamer, vessel, carrier and any other materials in his possession and books, licence and records which are required to be maintained by him under the provisions of this Acts:
(b) enter at all reasonable time any place , premises, vehicles vessel, carrier etc, used or suspected to be used for production, store sale, export, import or transportation etc of fish seed for inspection or otherwise:
(c) stop any vehicle, vessel, boat, steamer or any other carrier for the purpose of conducting search of enquiry;
(d) seize any fish seed, brood fish container, vehicle, vessel, boat, steamer, carrier article, appliances, tools or any other things which are used for committing any offences under this Act and unless he is satisfied that such person or persons responsible for commission of such offence shall appear and answer any charge which may be preferred against him, arrest him without warrant.
(e) prepare a list of seizure of the fish seed , brood fish, articles, vehicles, vessels, or any other things seized under clause (d) in presence of at least two witnesses of the locality which shall also be singed by the person from whom the articles, things, vessels, vehicles, fish seed, brood fish etc.
have been seized and by the officer concerned and deliver a copy of the seizure list so prepared to the person concerned;
(f) may release the seized materials and things on the execution by the owner thereof a Bond for the production of the seized article so released, if and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that the stock of fish seed or brood fish so seized shall not be disposed of by the owner thereof within 30 days from the date of seizure and after the expiry of 30 days the said stock may be disposed of by the owner thereof with due permission from the Magistrate having jurisdiction to try the offence, showing the reasonable grounds to the satisfaction of the Magistrate for its disposal:
(g) release the person arrested under clause (d) on the execution by him of a Bond of any amount which shall not exceed twenty thousand rupees with a surety of the like amount for ensuring his appearance and answering the charge preferred against him:
(h) forward a copy of each of the seizer list, release of seize articles, arrest and release order of the person concerned along with a copy of Bond and Surety obtained in respect of release of the arrested person to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
Offence to 17. The offences under this Act shall be cognizable and bailable within the Act II of be cognizable and bailable meaning of the Code of Criminal Procedure, 1973. 1974 Cognizance of Offences
18. No Court other than a Judicial Magistrate of the First Class shall take cognizance of any offence under this Act except on the complaint made by any officer of the Fishery Department, not below the rank of a Fishery Extension Officer or a Police Officer, not below the rank of Sub Inspector.
HIE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1523 Offence to be tried summarily
19. The offence committed under this Act shall be tried summarily under the provisions of the Code of Criminal Procedure, 1973. Act II o f 1974 Penalty 20. If any person contravences any provisions of this Act or rules made thereunder or prevents any officer from exercising any power conferred on him under this Act he shall be punished with a fine which may extend to Rupees three thousand, if the offence is committed for the first time and in the event of commission of the second and subsequent offence under this Act he shall be punished with imprisonment of either description for a term which may extend to six months or fine up to Rupees five thousand or with both.
Protection of action taken in good faith
21. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee of the State Government for anything which is in good faith done or intended to be done under this Act.
Officers to be public servants
22. Every officer exercising any of the powers conferred by this Act shall be Central deemed to be public servant within the meaning of section 21 of Indian Act 45 of Penal Code. 1860 Declaration of Mini Sanctuary