(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 Aquaculture Seed Laboratory and deliver, in such form as may be prescribed one copy of the 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 Aquaculture 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 Aquaculture 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 specified 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 Seed 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 Government 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.