The Goa (Brackish Water) Fish Farming Regulation Act, 1991

Short title, extent and commencement. —

1. (1) This Act may be called the Goa (Brackish Water) Fish Farming Regulation Act, 1991.
2. (2) It extends to the whole of the State of Goa.
3. (3) It shall come into force at once.

Definitions. — In this Act, unless the context otherwise requires,—

1. (a) "Brackish water land" means any land lying in or adjacent to the backwaters or estuaries which is, or can be, subject to the inflow of salt water;
2. (b) "Licensing Authority" means an officer or an authority appointed as such by the Government by notification in the Official Gazette for the purpose of this Act;
3. (c) "Prescribed" means prescribed by rules made under this Act;
4. (d) "Tribunal" means an authority constituted by the Government by notification in the Official Gazette to perform the functions of a Tribunal under this Act.

Constitution of Committee.

1. (1) The Government shall, by notification in the Official Gazette, constitute a Committee for the purpose of this Act consisting of such number of members as the Government may think fit.
2. (2) The Committee shall have jurisdiction over such areas as may be specified in the notification.
3. (3) The term of office of the members and the manner of filling vacancies shall be such as may be prescribed.
4. (4) The Committee shall exercise such powers and perform such functions as may be prescribed.

Power to regulate fish farming.

1. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall carry on fish farming in any brackish water land without a license granted by the Licensing Authority.
2. (2) Any person intending to carry on fish farming shall make an application to the Licensing Authority in such form and on payment of such fee as may be prescribed.
3. (3) The Licensing Authority may, after making such inquiry as it deems fit and after consultation with the Committee, grant or refuse to grant a license: Provided that no license shall be refused without giving the applicant an opportunity of being heard.
4. (4) The license shall be subject to such terms and conditions as may be prescribed.
5. (5) The Licensing Authority may, for the reasons to be recorded in writing, cancel or suspend any license granted under this Act, if the holder of the license has contravened any of the provisions of this Act or any rule made thereunder or any condition of the license.

Prohibition of fish farming without licence. —

1. (1) No person shall carry on the business of fish farming in any brackish water area without a licence granted under this Act.
2. (2) Every person carrying on the business of fish farming immediately before the commencement of this Act shall, if he intends to continue such business, make an application for a licence under this Act within such period and in such manner as may be prescribed.

Application for licence. —

1. (1) Every application for the grant of a licence under section 5 shall be made to the Licensing Authority in such form and in such manner and shall be accompanied by such fee as may be prescribed.
2. (2) On receipt of an application under sub-section (1), the Licensing Authority shall, after making such inquiry as it deems fit, either grant the licence or refuse to grant the same: Provided that no licence shall be refused unless the applicant has been given an opportunity of being heard.
3. (3) A licence granted under this section shall be valid for such period as may be prescribed and may be renewed from time to time.

Grant/refusal of licence.—

1. (1) On receipt of an application under section 6, the Licensing Authority shall, after making such enquiry as it deems fit and after consulting the Committee, either grant the licence or refuse to grant it.
2. (2) Every order refusing to grant a licence shall be in writing and shall state the reasons for such refusal and a copy of such order shall be communicated to the applicant.
3. (3) The licence shall be granted for such period and subject to such terms and conditions as may be prescribed.
4. (4) A licence granted under this section shall not be transferable.

Appeals.—

1. (1) Any person aggrieved by an order of the Licensing Authority refusing to grant a licence under section 7 or imposing any conditions therein or cancelling or suspending a licence under section 9, may appeal to the Tribunal within such time and in such manner as may be prescribed.
2. (2) On receipt of an appeal under sub-section (1), the Tribunal shall, after giving the appellant a reasonable opportunity of being heard, pass such orders as it deems fit and such orders shall be final and shall not be questioned in any court of law.

Constitution of Tribunal

1. (1) The Government may, by notification in the Official Gazette, constitute one or more Tribunals for the purposes of this Act.
2. (2) A Tribunal shall consist of a single member to be appointed by the Government, who is or has been a District Judge or an officer of the Government not below the rank of a District Collector.
3. (3) The Tribunal shall exercise its jurisdiction within such area as the Government may specify in the notification.

Penalties

1. (1) Whoever contravenes any of the provisions of this Act or the rules made thereunder, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.
2. (2) Any person who continues to contravene any of the provisions of this Act or the rules made thereunder after his conviction for the first contravention shall be punishable with a further fine which may extend to five hundred rupees for every day during which the contravention continues after the date of the first conviction.

Offences by companies.—

1. (1) Where an offence under this Act has been committed by a company, every person who at the time 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 provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (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.

Cognizance of offences.— No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made with the previous sanction of the Licensing Authority or by such officer of the Government as may be authorised in this behalf by the Government.

("Protection of action taken in good faith") No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

("Power to make rules")

1. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the form of application for licence and the fee to be paid;
   • (b) the terms and conditions subject to which a licence may be granted;
   • (c) the procedure to be followed by the licensing authority;
   • (d) the guidelines for the assessment of land for the purpose of brackish water fish farming;
   • (e) the procedure to be followed by the Tribunal;
   • (f) any other matter which is required to be or may be prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 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.

Power to remove difficulties. -

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Goa.