Chapter III THE COASTAL AQUACULTURE AUTHORITY

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act an Authority to be called the Coastal Aquaculture Authority. (2) The head office of the Authority shall be at such place as the Central Government may decide. (3) The Authority shall consist of the following members who shall be appointed by the Central Government, namely:— (a) the Chairperson who is, or has been, a Judge of a High Court; (b) one member who is an expert in the field of coastal aquaculture; (c) one member who is an expert in the field of coastal ecology nominated by the Ministry of Earth Sciences of the Central Government; (d) one member who is an expert in the field of environment protection or pollution control nominated by the Ministry of Environment, Forest and Climate Change of the Central Government; (e) one member to represent the Ministry of Agriculture and Farmers Welfare of the Central Government; (f) one member to represent the Ministry of Commerce and Industry of the Central Government; (fa) one member to represent the Ministry of Fisheries, Animal Husbandry and Dairying of the Central Government; (g) one member to represent each of the coastal States and Union territories; (3A) When the office of the Chairperson is vacant, the Central Government may, till the appointment of a new incumbent to the said office, nominate any member of the Authority to exercise such of the powers, and perform such of the functions, of the Chairperson as may be prescribed. (4) The term of office of the Chairperson and every other member shall be three years. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the members shall be such as may be prescribed.

A person shall be disqualified for being appointed as a member if he— (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

Subject to sub-section (5) of section 4, any person ceasing to be a member shall be eligible for reappointment as such member for not more than two consecutive terms.

(1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereat) as may be specified by regulations. (2) If the Chairperson is unable to attend a meeting of the Authority, any other member of the Authority nominated by the Chairperson in this behalf, and in the absence of both Chairperson and nominated member, any other member chosen by the members present from amongst themselves, shall preside over the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the Chairperson or in his absence the person presiding, shall have and exercise a second or casting vote.

(1) Subject to any rules made in this behalf, the Authority may from time to time constitute such committees as may be necessary for the efficient discharge of its functions. (2) Every committee shall consist of such number of persons and perform such functions and be subject to such terms and conditions as may be prescribed.

No act or proceeding of the Authority shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case.

(1) For the purposes of discharging its functions, the Authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be specified by the regulations. (2) The Authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary on such terms and conditions as may be specified by the regulations.

(1) The Central Government may appoint an officer of such rank, as it considers fit, to be a Secretary of the Authority, in such manner and subject to such terms and conditions as may be prescribed. (2) The Secretary shall function as the Chief Executive Officer of the Authority who shall be responsible for— (a) the day-to-day administration of the Authority; (b) drawing up of proposal for the Authority's work programmes in consultation with the Authority; (c) implementing the work programmes and the decisions adopted by the Authority; (d) ensuring that the tasks of the Authority are carried out in accordance with the requirements of users, in particular with regard to the adequacy of the services provided and the time taken; (e) the preparation of the statement of revenue and expenditure and the execution of the budget of the Authority; (f) coordinating with the Central Government and with the committees of the Authority; and (g) legally representing the Authority in all matters. (3) Every year, the Secretary shall submit to the Authority for approval,— (a) a general report covering all the activities of the Authority in the previous year; (b) the programmes of work; (c) the annual accounts for the previous year; and (d) the budget for the coming year. (4) The Secretary shall, after the approval of the Authority, forward the general report and the programmes to the Central Government and shall have the general report published. (5) The Secretary shall have administrative control over the officers and other employees of the Authority. (6) The Secretary shall approve all financial expenditure of the Authority and send a report on the Authority's activities to the Central Government.

All orders, decisions and other instruments of the Authority shall be authenticated under the signature of the Chairperson or any other member or any officer of the Authority authorised by the Chairperson in this behalf. (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.