Chapter IV POWERS AND FUNCTIONS OF AUTHORITY

(1) Subject to any guidelines issued by the Central Government under section 3, the Authority shall exercise the following powers and perform the following functions, namely:— (a) to make regulations for the construction and operation of coastal aquaculture units within the coastal areas; (b) to inspect coastal aquaculture units with a view to ascertaining their environmental impact caused by coastal aquaculture; (c) to register coastal aquaculture units; (d) to order removal or demolition of any coastal aquaculture unit which is causing pollution after hearing the occupier of such unit; (da) to regulate or prohibit the number, species and method of any coastal aquaculture in such area, as may be prescribed, through planning and execution of such programmes, including aqua zonation and aqua mapping for environmentally sustainable coastal aquaculture, as may be notified by the Central Government; (db) to fix or adopt standards, certify, monitor, regulate or prohibit coastal aquaculture inputs, including probiotics, therapeutants and such other inputs used in coastal aquaculture, as may be prescribed, for the prevention, control and abatement of detriment to the coastal aquaculture or coastal environment; (dc) to fix or adopt standards, certify, monitor and regulate the coastal aquaculture units, including coastal aquaculture activities carried out in such units with biosecurity and close disease surveillance to ensure freedom from disease, in such manner as may be prescribed; (dd) to fix or adopt the standards for emission or discharge of effluents from coastal aquaculture unit: Provided that different standards for emission or discharge may be fixed for different coastal aquaculture unit having regard to the quality or composition of the emission or discharge of effluents from such sources; (de) to collect and disseminate information in respect of matters relating to coastal aquaculture; (e) to perform such other functions as may be prescribed. (2) Where the Authority orders removal or demolition of any coastal aquaculture unit under clause (d) of sub-section (1), the workers of the said unit shall be paid such compensation as may be settled between the workers and the management through an authority consisting of one person only to be appointed by the Authority and such authority may exercise such powers of a District Magistrate for such purpose, as may be prescribed. Provided that different standards for emission or discharge may be fixed for different coastal aquaculture unit having regard to the quality or composition of the emission or discharge of effluents from such sources; (de) to collect and disseminate information in respect of matters relating to coastal aquaculture;] (e) to perform such other functions as may be prescribed. (2) Where the Authority orders removal or demolition of any coastal aquaculture unit under clause (d) of sub-section (1), the workers of the said unit shall be paid such compensation as may be settled between the workers and the management through an authority consisting of one person only to be appointed by the Authority and such authority may exercise such powers of a District Magistrate for such purpose, as may be prescribed.

Subject to any rule made in this behalf, any person generally or specially authorised by the Authority in this behalf, may, wherever it is necessary to do so for any purposes of this Act, at all reasonable times, enter on any coastal aquaculture unit and— (a) make any inspection, survey, measurement, valuation or inquiry; (b) remove or demolish any structure therein; and (c) do such other acts or things as may be prescribed: Provided that no such person shall enter on any coastal aquaculture unit without giving the occupier of such aquaculture unit at least twenty-four hours' notice in writing of his intention to do so. Provided further that the requirement of notice under the first proviso may be waived by the Authority, in such cases and for such reasons to be recorded in writing, as it deems fit: Provided also that the owner shall be liable to pay the cost of demolition and cost of damage to the environment, if any, assessed in such manner as may be prescribed.

The Authority may, by an order, prohibit the use, in any coastal aquaculture activity of— (a) such pharmacologically active substance, antimicrobial agent or other material which may cause harm to human health as may be prescribed; or (b) aquaculture inputs containing such substance, agent or material as may be specified under clause (a).

(1) Save as otherwise provided in this section, no person shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal aquaculture in the traditional coastal aquaculture unit which lies within the Coastal Regulation Zone referred to in sub-section (9) and is not used for coastal aquaculture purposes on the appointed day unless he has registered his unit with the Authority under sub-section (5) or in pursuance of sub-section (9), as the case may be. (2) Notwithstanding anything contained in sub-section (1), a person engaged in coastal aquaculture, immediately before the appointed day, may continue to carry on such activity without such registration for a period of three months from that day and if he makes an application for such registration under sub-section (4) within the said period of three months, till the communication to him of the disposing of such application by the Authority. (3) The registration made under sub-section (5) or in pursuance of sub-section (9)— (a) shall be valid for a period of five years; (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be specified by the regulations. Provided that the Authority may issue a certificate of registration for carrying out coastal aquaculture on the land allotted or assigned by the Government subject to such procedure and for such period, as may be prescribed, but not exceeding the period specified under clause (a) or clause (b), as the case may be. (4) A person who intends to carry on coastal aquaculture shall make an application for registration of his coastal aquaculture unit before the Authority in such form accompanied with such fees as may be prescribed for the purpose of registration under sub-section (5). (5) On receipt of an application for registration of a coastal aquaculture unit under sub-section (4), the Authority shall consider the application in the prescribed manner and after considering the application either register the coastal aquaculture unit or reject the application: Provided that the Authority shall not reject the application without recording the reason for such rejection. (6) The Authority shall, after registering a coastal aquaculture unit under sub-section (5), issue a certificate of registration in the prescribed form to the person who has made the application for such registration. (7) In the case of a farm comprising more than two hectares of water spread area and any other coastal aquaculture unit, no application for registration to commence any activity connected with coastal aquaculture shall be considered under sub-section (5) unless the Authority, after making such inquiry as it thinks fit, is satisfied that registration of such coastal aquaculture unit shall not be detrimental to the coastal environment. (8) Notwithstanding anything contained in this section,— (a) no coastal aquaculture shall be carried on in the ecologically sensitive areas or the geo-morphological features; (b) no coastal aquaculture, except hatchery, Nucleus Breeding Centre and Brood Stock Multiplication Centre shall be carried on in the No Development Zone in the case of sea, and in the buffer zone in the case of creeks, rivers and backwaters; (c) no coastal aquaculture, except seaweed culture, pen culture, raft culture and cage culture activities shall be carried on in creek, rivers and backwaters within the Coastal Regulation Zone: Provided that nothing in this sub-section shall apply in the case of a coastal aquaculture farm which is in existence on the appointed day and to the non-commercial and experimental coastal aquaculture farms operated or proposed to be operated by any research institute of the Government or funded by the Government: Provided further that the Authority may, for the purposes of providing exemption under the first proviso, review from time to time the existence and activities of the coastal aquaculture farms and the provisions of this section shall apply on coastal aquaculture farms in view of such review. Explanation.—For the purposes of this sub-section,– (i) “High Tide Line” means the line on the land up to which the highest water line reaches during the spring tide; (ii) the expressions “ecologically sensitive areas”, “geo-morphological features”, “No Development Zone”, “buffer zone” and “Coastal Regulation Zone” shall have the same meanings as defined in the Coastal Regulation Zone notification issued under the Environment (Protection) Act, 1986 (29 of 1986). (9) Notwithstanding anything contained in this section, any traditional coastal aquaculture unit which lies within the Coastal Regulation Zone declared by the notification of the Government of India in the Ministry of Environment and Forest (Department of Environment, Forests and Wildlife) No. S.O.114(E), dated the 19th February, 1991 and is not used for coastal aquaculture purposes on the appointed day shall be registered under sub-section (5) by producing before the Authority, by the person who is the owner of such unit, the documentary proof of such ownership failing which such unit shall not be registered under sub-section (5) and if such person after such registration does not utilise such unit, within one year, for coastal aquaculture purposes, the registration shall be cancelled by the Authority. (10) A person, who intends to renew the registration of a coastal aquaculture unit made under sub-section (5) or in pursuance of sub-section (9), may make an application within two months before the expiry of such registration to the Authority in the prescribed form accompanied with the prescribed fees and the Authority shall, after receiving such application, renew the registration and for such purpose make an entry with its seal on the registration certificate relating to such form issued under sub-section (6). Provided that the Authority may condone the delay in making application for renewal, subject to payment of such fee for renewal of registration, as may be prescribed. (11) The Authority may refuse to renew the registration of a coastal aquaculture unit under sub-section (10) if the Authority is satisfied that the person to whom such registration is made has failed to utilise such coastal aquaculture unit for coastal aquaculture purposes or without any reasonable cause has violated any provision of this Act or the rules or regulations made there under or any direction or order made by the Authority in pursuance of section 11: Provided that such refusal to renew the registration shall not be made without providing such person an opportunity of being heard. Explanation 1.—For the purposes of this section, “appointed day” means the date of establishment of the Authority. Explanation 2.—For the removal of doubts, it is hereby declared that the expression “to renew the registration” used in sub-sections (10) and (11) shall be construed to include further renewal of the registration. (12) The Authority may vary, amend or modify the certificate of registration issued under this section, in such manner as may be prescribed. (13) In the event of the certificate of registration issued under this Act being defaced or mutilated or lost, the Authority may grant a duplicate certificate, on payment of such fee and in such manner, as may be prescribed.

(1) The Authority may, by order, authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Assistant Director of Fisheries in a District to function as authorised officer to exercise such powers, to discharge such duties and perform such functions, as may be specified in that order. (2) The Central Government may, by notification, authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Under Secretary to the Government of India, to function as an adjudicating officer, to adjudicate the penalties imposed under this Act. (3) The Central Government may, by notification, authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Deputy Secretary to the Government of India, to function as the Appellate Authority, who may affirm, vary or set aside the order passed by the adjudicating officer. (4) The adjudicating officer or the Appellate Authority, shall, for the purposes of discharging functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of documents; (c) requisitioning any public record or document or copy of such record or document from any office; (d) receiving evidence on affidavits; (e) issuing commissions for the examination of witnesses or documents. (5) The adjudicating officer or the Appellate Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

Where any person carries on coastal aquaculture or traditional coastal aquaculture or causes the coastal aquaculture or traditional coastal aquaculture to be carried on in contravention of any of the provisions of this Act or any rules or regulations made thereunder or any guidelines or notifications issued thereunder, an officer authorised under section 13A shall take all or any of the following actions, namely:— (a) suspension or stoppage of any activity in a coastal aquaculture unit for such period and in such manner as may be prescribed; (b) imposition of penalty as specified in the Table below; (c) removal or demolition of any structure; (d) destruction of the standing crop therein; (e) suspension or cancellation of registration for such period and in such manner as may be prescribed. Table Sl. No. Coastal Aquaculture/use of prohibited materials Offences Penalty First time offence Second time offence Third time and subsequent offences (1) (2) (3) (4) (5) (6) 1. Farm Non-registration. Rs. 10,000 per hectare (or fraction of a hectare) of water spread area. Rs. 15,000 per hectare (or fraction of a hectare) of water spread area. Rs. 25,000 per hectare (or fraction of a hectare) of water spread area. Non-compliance with the provisions of the Act, rules, regulations, guidelines and notifications, other than non-registration. Rs. 5,000 per hectare (or fraction of a hectare) of water spread area. Rs. 10,000 per hectare (or fraction of a hectare) of water spread area. Rs. 15,000 per hectare (or fraction of a hectare) of water spread area. 2. Hatchery, Brood Stock Multiplication Centre, Nucleus Breeding Centre or such other coastal aquaculture unit Non-registration. Rs. 50,000. Rs. 75,000. Rs. 1 lakh. Non-compliance with the provisions of the Act, rules, regulations, guidelines and notifications, other than non-registration. Rs. 25,000. Rs. 50,000. Rs. 1 lakh. 3. Use of materials prohibited under section 12A Contravention of the provisions of clause (a) or clause (b) of section 12A Rs. 50,000. Rs. 75,000. Rs. 1 lakh.

(1) Any person aggrieved by an order of the adjudicating officer may within thirty days from the date on which the order is made, prefer an appeal to the Appellate Authority: Provided that the Appellate Authority may entertain any appeal preferred after the expiry of the said period of thirty days, but before the expiry of ninety days from the date aforesaid, if it satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) No appeal under this section shall be entertained by the Appellate Authority unless the appellant has at the time of filing the appeal deposited the amount of penalty payable under the order appealed against: Provided that on an application made by the appellant in this behalf, the Appellate Authority may, if it is of the opinion that the deposit to be made under this sub-section shall cause undue hardship to the appellant, by order in writing, dispense with such deposit, either unconditionally or subject to such condition, as it may deem fit to impose. (3) On the receipt of an appeal under sub-section (1), the Appellate Authority may, after holding such enquiry as it deems fit, and after giving the parties concerned reasonable opportunity of being heard, confirm, modify or set aside the order appealed against, and— (a) if the sum deposited by way of penalty under sub-section (2) exceeds the penalty directed to be paid by the Appellate Authority, such excess amount shall be refunded to the appellant; or (b) if the Appellate Authority sets aside the order imposing penalty, the whole of the sum deposited by the way of penalty shall be refunded to the appellant. (4) The decision of the Appellate Authority under this section shall be final.

No court shall take cognizance of an offence under section 14 without a written complaint filed by an officer of the Authority authorised in this behalf by it.