Chapter V Chapter V

Powers to notify kinds or varieties of Aqua-culture seeds

1. (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,

varieties may be notified for different Districts or for different areas thereof.

1. (2) Government may also by notification ban/ prohibit collection/ sale of aqua seed from natural sources for any reason as a conservation measure.

The Government may, after consultation with the State Aqua-culture Seed Committee and by notification specify,-

1. (a) the minimum limits of size, purity and freedom from disease infections of aqua-culture seed with respect to any aqua- culture seed of any notified kind or variety;
2. (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
3. (a) and the particulars as may be specified from time to time by

Regulation of sale of Aqua-culture seeds of notified kinds or varieties 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,-

1. (a) such aqua-culture seed identifiable as to its kind or variety;
2. (b) such aqua-culture conforms to the minimum limits of size, purity and freedom from disease, infections specified under clause
3. (a) of section 11;
4. (c) such aqua - culture seed conforms to the standards for quarantine measures, as may be prescribed from time to time;
5. (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
6. (b) of section 11; and
7. (e) he complies with other requirements as may be prescribed.

1. (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
     • (iii) a purchaser or a consignee after delivery of such aqua- culture 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. (2) Where any sample of any aqua-culture seed of any notified kind or variety is taken under clause
   • (a) of sub-section
3. (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.
4. (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.
5. (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 a memorandum to be prepared in such form as may be prescribed.
6. (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.

1. (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. (2) Every application under sub-section
3. (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.
4. (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.

If the State Aqua-culture Seed Committee is satisfied, either on a reference made to it in this behalf or otherwise, that,-

1. (a) the certificate granted by it under section 14 has been obtained by misrepresentation as to an essential fact; or
2. (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

Procedure to be followed by Aqua-culture Seed Inspector

1. (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. (2) when samples of any Aqua-culture seed of any notified kind or variety are taken under sub-section
3. (1) the Aqua- culture 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
   • (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
4. (2) of section 17.
5. (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.
6. (4) Where an Aqua - culture Seed Inspector takes any action under clause
   • (c) of sub-section
7. (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.
8. (5) Where an Aqua-culture Seed Inspector seizes any record, register, document or any other material object under clause
   • (d) of sub-section
9. (1) of section 13, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.

1. (1) The Aqua-culture Seed Analyst shall, as soon as may be after the receipt of the sample under sub-section
2. (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 Aqua-culture Seed Inspector and another copy thereof to the person from whom the sample has been taken.
3. (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
4. (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
5. (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.
6. (3) The report sent by the State Aqua - culture Seed Laboratory under sub-section
7. (2) shall supersede the report given by the Aqua - culture Seed Analyst under sub-section (1).
8. (4) Where the report sent by the State Aqua - culture Seed Laboratory under sub-section
9. (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.

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,-

1. (a) it confirms to the minimum limits of size, purity and freedom from disease, infections specified for that Aqua-culture seed under clause
2. (a) of section 11; and
3. (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
4. (b) of section 11.

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.