(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 to dispose of any stock of such Aqua-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 Aqua-culture seed, restrict the stock of such Aquaculture seed from being sold;
(b) take samples of any Aqua-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 consignee after delivery of such Aqua-culture seed to him., Powers of Aquaculture Seed Inspector.
[Act No.24 of 2006] 11
(c) send such sample for analysis to the Aqua-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 subsection (1), its cost, calculated 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 collect the Aqua-culture seed from hatchery or pond where any such Aqua-culture seed may be kept for sale:
Provided that, the power to collect the Aqua-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, refuses to allow collection of the Aqua-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.