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INDIAN BARE ACTS

Andhra Pradesh Aquaculture Seed (Quality Control) Act, 2006.

A. 17-1
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Registered No. HSE/49                             [Price : Rs. 4-20  Paise.
THE ANDHRA PRADESH GAZETTE
PART IV-A  EXTRAORDINARY
PUBLISHED BY AUTHORITY
ANDHRA  PRADESH  BILLS
ANDHRA PRADESH LEGISLATIVE ASSEMBLY
The following Bill was introduced in the Andhra Pradesh
Legislative Assembly on  the 22nd March,  2006.
ACT  No. 24  OF 2006.
AN ACT TO PROVIDE FOR REGULATING THE
QUALITY  OF  AQUA-CULTURE SEED FOR
SAL E  AND  FOR MAT T ERS  CONNECT ED
THEREWITH OR INCIDENTAL THERE TO.
Be it enacted by Legislative Assembly of  the State of
Andhra Pradesh in the Fifty seventh Year of the Republic of
India as follows:-
No. 9]       HYDERABAD, WEDNESDAY,  MARCH 22, 2006
The  fol lowing Act  of   the Andhra Pradesh
Legislative Assembly received the assent of the
Governor on the  19th April, 2006 and the said assent is
hereby first published on the 21st April, 2006 in the
Andhra Pradesh Gazette for general information.
Registered No. HSE/49                              [Price : Rs. 1-80 Paise.
THE ANDHRA PRADESH GAZETTE
PART IV-B   EXTRAORDINARY
PUBLISHED BY AUTHORITY
ANDHRA PRADESH  ACTS, ORDINANCES AND
REGULATIONS Etc.
No. 27]     HYDERABAD, FRIDAY, APRIL 21, 2006.2           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
1. (1) This Act may be called the Andhra Pradesh Aquaculture Seed (Quality Control) Act, 2006.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State
Government may, by notificatiion, 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 in them or in any other manner;
(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 cages or any other structures
erected in water, and includes,-
(i)  seeds of cultivable aquatic animals such as fin fish, cat
fish, murel including ornamental fish and larvicidal fish, reared in
fresh water, marine and 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
Short
title,
extent and
commencement.
Definitions.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          3
prawn, shrimp, lobsters, crabs (called as nauplius, metanauplius,
zoea, megalopa mysis, post larvae) and larval stages of mollusces
(called veliger, spat etc.);
(5)  ‘Aqua-culture Seed Laboratory’  means the Aquaculture 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 verify 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;
(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 Andhra Pradesh State to a place outside India and Andhra
Pradesh 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;4           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
(14)  ‘Government’  means the State Government of Andhra
Pradesh;
(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 Andhra Pradesh State from a place outside India and Andhra
Pradesh State;
(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
Andhra Pradesh Gazettee and the word ‘Notified’ shall be
construed accordingly;
(19)   ‘Notified kind or variety’  in relation to any Aquaculture 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;April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          5
(23)  ‘Court’ means any Court not less than Ist Class Munsif
Magistrate as notified by the Government for the purpose.
C H A P T E R   -   II
3. (1)  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 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 shall be representatives of Aqua farmers
or hatchering  operators;
(iv) three persons having knowledge in aqua-culture or
working in an organisation connected with it to be nominated
by the Government.
(3)  the members of the committee 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 strech.
(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.
Constitution
of State
Level
Aquaculture
Seed
Committee.6           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
(5)  The committee may appoint one or more subcommittees 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 delegated to such
sub-committee or sub-committees by the committee.
(6) The functions of the committee or any such subcommittee thereof 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.
C  H  A  P  T  E  R  -  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 Marine Products
Constitution of
District
Level
Aquaculture
Seed
Committee.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          7
Export Development Authority or Sri Venkateswara Vetarinary
University 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 representatives 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 perform 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.
7. The District Committee may, subject to the previous
approval of the State Aqua-culture Seed Committee, make byelaws for the Committee for the purpose of regulating its own
Other
Committees.
Proceedings of
District
Committee not
to be
invalid
by
reason
of any
vacancy
therein.
Procedure
for
District
Committee.8           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
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.
C  H  A  P  T  E  R  -  IV
9. (1) The Government may, by notification establish one
State level and one or more Regional 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.
C  H  A  P  T  E  R  -  V
10. (1)   If the Government, 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 declare  such kind or 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.
Secretary
and
Other
Officers.
Establishment of
Aquaculture
Seed
Laboratory.
Powers
to notify
kinds or
varieties
of
Aquaculture
seeds.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          9
(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 consultation with the State
Aqua-culture Seed Committee and by notification specify,-
(a)  the minimum limits of size, purity and freedom from
disease infections of aqua-culture seed with respect to any aquaculture 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 aqua-culture conforms to the minimum limits
of size, purity and freedom from disease, infections specified
under clause (a) of section 11;
Powers
to specify
size,
purity
and
freedom
from
disease,
infections
of Aquaculture
seed.
Regulation
of sale of
Aquaculture
seeds of
notified
kinds or
varieties.
A 17 - 210           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
(c)  such aqua - culture seed conforms to the standards for
quarantine measures, as may be prescribed from time to time;
(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 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 aqua-culture 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
Powers
of Aquaculture
Seed
Inspector.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          11
(iii)  a purchaser or a consignee after delivery of such aquaculture seed to him.,
(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 sub-section
(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 aquaculture 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 time12           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
when such action is taken and take their signatures on 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, bartering or otherwise
supplying any aqua-culture seed of any notified kind or variety,
may if 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 form, 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,
the State Aqua-culture Seed Committee may, after such enquiry
as it thinks fit and after satisfying itself that the aqua-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 aqua-culture seed under clause
(a) of section 11.
15. If the State Aqua-culture Seed Committee is satisfied,
either on a reference made to it in this behalf or otherwise,
that,-
Grant of
certificate
by State
Aquaculture
Seed
Committee.
Revocation of
Certificate.
Central
Act 2 of
1974.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          13
(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 Aquaculture Seed Inspector shall,-
(a) deliver one sample to the person from whom it has
been taken;
(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
Procedure to
be
followed
by Aquaculture
Seed
Inspector.14           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
(c)  send the remaining sample in the prescribed manner to
the State Aqua-culture Seed Laboratory for analysis as and
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 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 asApril 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          15
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 the report of the result of the analysis to the Aquaculture 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).
(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.
Report
of
AquaCulture
Seed
Analyst.16           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
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 confirms 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 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 Aquaculture
seed of
notified
kinds or
varieties.
Recognition of
Aquaculture
seed
certification
agencies
of
foreign
countries.
Aquaculture
Seed
Analysts.
Aquaculture
Seed
Inspectors.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          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 Aquaculture 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:
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
Penalty.
Forfeiture of
property.
Offences
by
Companies.
A. 17 - 318           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
knowledge and that 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 connivance 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.
C H A P T E R - 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 AquaCulture 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 Govenrment:
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.
Appeal.April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          19
(3)  On receipt of an appeal under sub-section (1) and subsection (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 prefered 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 this Act shall be deemed to be
a public 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.
C H A P T E R  - IX
29. (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,-
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           ANDHRA   PRADESH  GAZETTE  EXTRAORDINARY              [Part IV-B
(a)  the functions of the members of State Aqua-culture
Seed Committee and District Aqua-culture Seed Committees
and the travelling and daily allowances payable to members 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 labelling the container 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
confirm;
(h)  the form and manner in which 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;
(i) the qualifications and duties of Aqua-culture Seed
Analysts and Aqua-culture Seed Inspector;
(j)  the manner in which samples may be taken by the Aquaculture 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;April 21, 2006]           ANDHRA  PRADESH  GAZETTE  EXTRAORDINARY          21
(k)  the form of report of the result of the analysis under
sub-section (1) or sub-section (2) of section 17 and the fees
payable in respect of such report 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 prawn 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 Legislative Assembly
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 Legislative
Assembly 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.
T. MADAN MOHAN REDDY,
Secretary to Government,
Legislative Affairs & Justice,
Law Department.
PRINTED  AND  PUBLISHED  BY  THE  COMMISSIONER  OF  PRINTING,  AT
LEGISLATIVE  ASSEMBLY  PRESS,  HYDERABAD.
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