The Kerala Fish Seed Act, 2014

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In this Act, unless the context otherwise requires,— (a) "authorized officer" means an officer empowered under section 28; (b) "appellate authority" means an officer empowered under section 29; (c) "empowered officer" means an officer empowered under section 27; (d) "broodstock" means male or female fish or fingerlings or fry or spawn or eggs or larvae or embryos or any other reproductive stage of fish kept for the purpose of breeding; (e) "export" means taking out of fish seed from Kerala to other States or outside the country; (f) "fish farming" means growing or rearing fish or other aquatic animals and aquatic plants in clear or open water systems or in cage or pen systems; (g) "fish farmer" means any person or group of persons or a firm or a society or a company or any legal entity who is engaged in growing or rearing fish or fish farming in own or leased land or pond or reservoir or contained water or any other method; (h) "fish worker" means a person mainly engaged in the operation of fishing for livelihood; (i) "fish seed" means eggs, larvae, embryos or any other stage in the life cycle of fish or other aquatic animals living in water including species of fish living in clear water and brackish water, and shall include,— (i) seeds of finfish growing in clear water, brackish water, and saline water and in reservoirs; (ii) seeds of shellfishes like prawns, shrimps, crabs, big lobsters, lobsters, squids, cuttlefish, etc.; (iii) seeds of fish in the first stage, eggs, prawn, big lobster, lobster, etc. in the larva stage and the post-larva stage, and the larva stages of crab, oyster, etc.; (j) "fish seed quality inspection" means the procedures of fish seed quality inspection to ensure that the seeds are free from transmittable diseases and diseases and maintain the required standard in quality and size; (k) "fish seed quality inspector" means a fish seed quality inspector appointed under section 20; (l) "fish seed farm" means a place having land or structures used for growing fish seed; (m) "fish seed inspector" means a fish seed inspector appointed under section 18; (n) "fish seed laboratory" means a fish seed laboratory established under section 11; (o) "fish seed production" means growing or rearing of own or outside fish or other aquatic animals or aquatic plant seeds in clear or open water system or in clear water or brackish water; (p) "Government" means the Government of Kerala; (q) "hatchery" means a place where eggs are protected and used for fish seed production and is also a place where fish seed is grown for distribution to fish farmers and it includes the part of the farm where broodstock is grown in adjacent hatcheries or nurseries; (r) "import" means bringing fish seed into Kerala from other States or from outside the country; (s) "species" means any of the aquatic animals or aquatic plants belonging to the same category or a group such as crabs, shrimps, prawns, big lobsters, pearl oysters, lobsters, fish, etc. known by any name; (t) "sale" means selling or offering for sale or exchange or any other type of distribution of any fish seed or storing for sale; (u) "notification" means a notification published in the Official Gazette; (v) "of the type notified" means any type or category of fish seed notified under section 12; (w) "notified" means notified under the rules made under this Act; (x) "quarantine" means a place intended for monitoring to ensure that the animals and plants are not infected with transmittable diseases before introducing to new conditions or country; (y) "Regional Fish Seed Centre" means a Regional Fish Seed Centre established under section 7; (z) "State Fish Seed Centre" means a State Fish Seed Centre established under section 3; (aa) "sub-centres" means sub-centres established under sub-section (1) of section 10; (ab) "variety" means a sub-division of a type that can be distinguished by size, growth, profit, seed or other characteristics.

(1) The Government may, as soon as may be after the commencement of this Act, by notification, establish a centre in the name of State Fish Seed Centre.

The State Fish Seed Centre shall have the following functions, namely:— (a) advise the Government on all matters connected with the production, growth, collection, sale, distribution, quality, export, and import of fish seed covering the entire State; (b) perform such functions related to the registration of fish seed farms and hatcheries and certification of fish seed; (c) specify and clarify the standard of fish seed for fish seed growth and fish farming; (d) give such other instructions as may be necessary for the implementation of the provisions of this Act and perform any other functions which are incidental or auxiliary or consequential to the aforesaid functions.

(1) The State Fish Seed Centre shall consist of the following members, namely:— (i) an expert in this subject nominated by the Government: Chairman; (ii) Director of Fisheries: Ex-officio Member; (iii) one person representing fish farmers nominated by the Government: Member; (iv) one person representing hatchery owners nominated by the Government: Member; (v) one person from the Fisheries Department nominated by the Government: Member; (vi) one person expert in Fisheries Department nominated by the Government: Member; (vii) Executive Director, Agency for Development of Aquaculture, Kerala: Member; (viii) an officer with such qualifications as may be decided by the Government from the Fisheries Department to be the Member Secretary. (2) Members of the State Fish Seed Centre shall hold office for a term of three years from the date of assuming charge and shall be eligible for re-nomination not exceeding two consecutive terms: Provided that, the Government may hold office at the pleasure of the Government. (3) The sitting fee and travelling allowance of the nominated members shall be as decided. (4) The State Fish Seed Centre may, subject to the prior approval of the Government, make bye-laws regarding the following matters, namely:— (a) fixing the quorum of its meeting; (b) deciding the activities to be performed by the State Fish Seed Centre.

(1) The State Fish Seed Centre may, with the prior approval of the Government, issue instructions for fish seed growth and for the regulation of standard of fish seed for fish farming. (2) The State Fish Seed Centre may identify public water bodies, ponds, etc., for fish seed growth and fish farming, and with the prior approval of the Government, declare such water bodies or ponds as fish seed farms for the purpose of carrying out fish seed growth and fish farming. (3) The staff of the State Fish Seed Centre shall be as decided. (4) The Member Secretary and other staff of the State Fish Seed Centre, in the performance of their functions, shall be subject to the control and regulation of the Director of Fisheries.

The Government may, as soon as may be after the commencement of this Act, by notification, establish Regional Fish Seed Centres.

The Regional Fish Seed Centres shall have the following functions, namely:— (a) periodically report to the State Fish Seed Centre on all matters connected with the registration of fish seed farms and hatcheries and certification of fish seed. (b) give certificates for fish seed farms and hatcheries for fish seed growth and fish farming. (c) implement the provisions of the Act and the rules made thereunder.

(1) The Regional Fish Seed Centres shall consist of the following members, namely:— (i) District Collector of the district where the concerned region is situated: Chairman; (ii) Deputy Director of Fisheries of the concerned region: Member Secretary; (iii) Deputy Directors of all districts included in the concerned region: Ex-officio Members; (iv) one person from among the representatives of hatchery owners or fish seed farmers nominated by the Government: Member; (v) a scientist or an expert in the subject nominated by the Government: Member. (2) Members of the Regional Fish Seed Centres shall hold office for a term of three years from the date of assuming charge: Provided that, the Government may hold office at the pleasure of the Government. (3) The sitting fee and travelling allowance of the nominated members shall be as decided.

(1) The Regional Fish Seed Centre may, with the prior approval of the Government, establish such Sub-Centres as may be necessary for the performance of the duties assigned to them, and decide such members as may be necessary for the performance of their duties including their qualifications, official tenure, sitting fee, and travelling allowance, etc. (2) The Regional Fish Seed Centre may, with the prior approval of the State Fish Seed Centre, make bye-laws for regulating its own proceedings and the proceedings of its Sub-Centres and for the conduct of all activities that are to be performed by the Regional Fish Seed Centre or Sub-Centres, as the case may be. (3) No proceedings of the Regional Fish Seed Centre or any of its Sub-Centres shall be invalid merely by reason of any omission therein or any defect in its constitution.

(1) The Government may, by notification, establish three or more regional level

(1) The Government may, after consultation with the State Fish Seed Committee, if they consider it necessary or expedient for the purpose of controlling or regulating the quality of fish seed of any kind or category, for the purposes of this Act, declare by notification, any such kind or category of fish seed to be a notified fish seed and may notify different kinds or categories of fish seed for different areas. (2) The Government may, by notification, prohibit or restrict the storage or sale of fish seed from natural source for a specific period for the purpose of protecting or propagating the fish seed.

The Government may, after consultation with the State Fish Seed Committee, by notification, specify:-(a) the minimum limits of germination of any kind or category of notified fish seed; (b) the mark or label to indicate that such fish seed conforms to the minimum limits of germination and also that it has been treated as prescribed by the Government from time to time, as the case may be, in such details as may be specified.

No person or organization or agent or others acting on their behalf or on behalf of others shall carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any fish seed of any kind or category notified under this Act or for the purpose of fish breeding and fish farming unless he has obtained a certificate of registration from the State Fish Seed Committee and a licence from the Regional Fish Seed Committee.

(1) Every application for the certificate of registration of fish seed farm or hatchery shall be made to the State Fish Seed Committee or Regional Centres or Sub-Centres, as the case may be, in such form and in such manner and on payment of such fee as may be prescribed, two months before the commencement of each financial year. (2) Every fish seed farm and hatchery, after payment of such fee as may be prescribed, may be registered in such form and in such manner: Provided that in the case of fish seed farms and hatcheries existing at the commencement of this Act, such fish seed farms and hatcheries shall be registered under the provisions of this Act within the stipulated time from the date of commencement of this Act. (3) The certificate of registration, unless it is otherwise cancelled, shall be valid for five years from the date of issue: Provided that no such cancellation shall be made without giving the holder of the certificate of registration a reasonable opportunity to be heard. (4) The State Fish Seed Committee shall require to display its certificate of registration clearly at the entry point of the fish seed farm or hatchery owned or managed by the holder of the certificate of registration.

(1) Every application for the annual licence for carrying on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any fish seed for fish breeding or fish farming shall be made to the Regional Fish Seed Committee in such form and in such manner as may be prescribed, one month before the commencement of each financial year. (2) The application forms shall be purchased from the Regional Fish Seed Committee on payment of prescribed fee or obtained by downloading from the website of the State Fish Seed Committee. (3) On receipt of such application accompanied by the prescribed fee, the Regional Fish Seed Committee or such other officials/investigating officers as are authorised, may conduct enquiry and inspection. (4) If the Regional Fish Seed Committee is satisfied that the details provided in the application and the variety, kind, category and class of the fish seed to be selected satisfy the necessary requirements and a licence can be issued, it shall prepare a report including the reasons for granting the licence and the summary of the licence in a prescribed form after collecting the prescribed licence fee. (5) On receipt of the copy of the licence and the summary copy from the Regional Fish Seed Committee, the investigating officer shall, after keeping the summary copy in his office, issue the copy of the licence to the concerned parties and enter the details in the register kept in his office in such form as may be prescribed: Provided that in the case of fish seed farms and hatcheries existing at the commencement of this Act, such fish seed farms and hatcheries shall obtain a licence under the provisions of this Act within the stipulated time from the date of commencement of this Act. (6) The licence, unless it is otherwise cancelled, shall be valid for one financial year from the date of issue: Provided that no such cancellation shall be made without giving the holder of the licence a reasonable opportunity to be heard.

(1) Every application for the renewal of certificate of registration of fish seed farm and hatchery shall be made to the State Fish Seed Committee or Regional Centres or Sub-Centres, as the case may be, in such form and in such manner and on payment of such fee as may be prescribed, two months before the expiry of the period of certificate of registration. (2) The application for renewal of certificate of registration shall be permitted only for a period of five years each time. (3) On receipt of such application, the State Fish Seed Committee shall refer it to the Regional Fish Seed Committee for further enquiry and inspection. (4) On receipt of such applications, the Regional Fish Seed Committee shall conduct enquiries regarding the performance in the previous years and if it is satisfied that the certificate of registration should be renewed, it shall prepare a report along with the reasons for not revoking the same, if any, and submit it to the State Fish Seed Committee. (5) On receipt of the relevant documents and reports accompanying the application sent by the Regional Fish Seed Committee, the State Fish Seed Committee shall, after collecting the prescribed fee, renew the certificate of registration in such form as may be prescribed or revoke the renewal, and shall communicate the reason for revocation, if any, in writing to the applicant within fifteen days of such decision. (6) The State Fish Seed Committee shall record the details related to such renewal of certificate of registration in the register kept in its office in such form as may be prescribed.

The Government may, by notification, appoint such persons having such qualifications as may be prescribed to be Fish Seed Inspectors and define the areas within which they shall exercise their powers.

(1) A Fish Seed Inspector may:-(a) enter and inspect any place where he has reason to believe that an offence under this Act has been or is being committed, at all reasonable times, with such assistance, if any, as he considers necessary, and search any fish seed in respect of which such offence has been or is being committed, and order in writing the person in possession of such fish seed not to dispose of any fish seed for a period not less than fifteen days if he is unable to trace the source of such fish seed or if the offence alleged cannot be cleared by the person himself in possession; (b) stop or seize the fish seeds of any kind or category notified under this Act from any person who:-(i) is a 'hatchery' or 'fish seed farm' or is carrying on fish seed distribution or has kept for distribution; or (ii) is transporting or holding for delivery or preparing for delivery for the purpose of getting it delivered to a person who is buying or receiving such fish seed; (iii) from any person after having received it for supplying or delivering to a buyer; (kn) submit such seized seeds to the Fish Seed Quality Inspector for inspection; (Un) apprehend any person if he has sufficient reason to believe that such person is providing evidence that an offence under this Act has been committed after inspecting any document, register, material or other target object found from any place mentioned in clause (F); (C) exercise such other powers as may be necessary for carrying out the purposes of this Act or the rules made thereunder. (2) While collecting the fish seed of any kind or category notified under clause (F) of sub-section (1), the Fish Seed Inspector shall pay the cost calculated at the rate at which fish seed is generally sold to the public, if the person from whom it is taken so requires. (3) The power conferred under this section includes the power to open any package containing fish seed of any kind or category notified under this Act or stored for distribution from a hatchery or pond: Provided that the power to collect fish seeds from a hatchery or fish seed farm under sub-section (3) shall be exercised only if the owner or any other person in charge present there provides permission to do so. (4) The Fish Seed Inspector shall, while taking any action under clause (F) of sub-section (1), require at least two people to be present at the place where such action is taken to the extent possible, and record their signatures in a mahassar prepared in such form as may be prescribed. (5) The Fish Seed Inspector shall report the matter in writing in the prescribed manner to the Appropriate Authority. (6) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall apply to the searches and seizures made under Section 94 of the said Code.

Government may, if they are of the opinion that the person possesses the prescribed qualifications, appoint such persons as Fish Seed Inspection Officers and specify the territories that they are empowered to exercise.

(1) If any person who carries on the business of sale or distribution or production of any kind or type of fish seed, intends that such fish seed should be certified by the State Fish Seed Certification Agency, such person shall submit an application to the State Fish Seed Certification Agency for that purpose. (2) Every application under sub-section (1) shall be submitted in such form, in such manner and with such fees as may be prescribed. (3) On receipt of any application for the grant of a certificate by the regional fish seed agency, the State Fish Seed Certification Agency may, after such inquiry as it deems fit and after satisfying itself that the fish seed involved in the application conforms to the prescribed standards, grant a certificate in such form and subject to such conditions as may be prescribed: Provided that, such fish seed shall not be less than the minimum size specified for such fish seed and shall be free from pathogens, diseases, and disease carriers.

If the State Fish Seed Certification Agency is satisfied, either on a reference made to it in this behalf or otherwise, that— (a) the certificate granted under section 14 was obtained by misrepresentation of essential facts; (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 Fish Seed Certification Agency may, after giving the holder of the certificate an opportunity of showing cause, cancel such certificate.

(1) When a Fish Seed Inspector intends to take a sample of any kind or type of fish seed for inspection, he shall,--- (a) give notice in writing, then and there, of such intention to the person from whom he intends to take the sample; (b) except in special cases provided by the rules made under this Act, take three samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits. (2) When a Fish Seed Inspector takes any samples of fish seed for analysis under sub-section (1),— (a) he shall deliver one sample to the person from whom it has been taken; (b) he shall send another sample for inspection to the Fish Seed Inspection Officer having jurisdiction in the area where such sample has been taken, in the prescribed manner; (c) he shall send the remaining sample for inspection to the Fish Seed Testing Laboratory in the prescribed manner. (3) Where the person from whom the samples are taken refuses to accept one of the samples, the Fish Seed Inspector shall send intimation to the Fish Seed Inspection Officer regarding such refusal and the Fish Seed Inspection Officer shall divide the sample accepted for inspection into two parts and either seal or fasten up one part thereof and shall deliver it to the Fish Seed Inspector to be kept for production in case of legal proceedings when the sample is received or when his report is delivered. (4) Where a Fish Seed Inspector takes any action under sub-section (1) of section 19,--- (a) he shall place all powers to enforce or cause to be removed the order passed as per the above, if the fish seed is found to have contravened the provisions of the fish seed, or regulations made under this Act, or such action as may be necessary to return the seized fish seed, as the case may be; (b) if he seizes the fish seed, he shall, as soon as possible, inform the Authorised Officer and obtain his order regarding its custody; (c) without prejudice to the penalty provided under this Act, if the alleged offence is one which can be removed from the possession of the fish seed, the order passed as per above shall be cancelled immediately on being satisfied that the default has been rectified. (5) A Fish Seed Inspector, while taking any document or register or pamphlet or any other thing under clause (d) of sub-section (1) of section 19, shall inform the Authorised Officer as soon as possible and obtain his order regarding its custody.

(1) The Fish Seed Inspection Officer shall, as soon as possible after receiving the sample under clause (c) of sub-section (1) of section 19, conduct the inspection in the regional fish seed testing laboratory and shall deliver a copy of the report regarding the fee of the inspection in the prescribed form to the Fish Seed Inspector, and another copy to the person from whom the sample was collected. (2) After receiving notice regarding the report under sub-section (1), the accused person or complainant may, after paying the prescribed fee, submit an application to the Authorised Officer for sending the sample for inspection to the regional fish seed testing laboratory, and the Authorised Officer, on receipt of such application, shall first verify whether the seals are broken or damaged, and shall send the sample thereafter with its seal to the regional fish seed testing laboratory, and the Authorised Officer shall send the report of the inspection in the prescribed form within one week from the date of receipt of the direction of the Authorised Officer. (3) The report sent by the regional fish seed testing laboratory under sub-section (2) shall supersede the report of the Fish Seed Inspection Officer under sub-section (1). (4) Where the report sent from the regional fish seed testing laboratory under sub-section (2) is produced in any proceedings under this Act, it is not necessary to produce any sample or part thereof taken for inspection in such proceedings.

No person, whether as principal, agent, or otherwise, shall sell or distribute any fish seed, which--- (a) is not of the minimum size specified for such fish seed under section 13 or is not free from parasites, disease, or disease carriers; (b) does not have the correct particulars relating to it in the prescribed manner, label, or tag, or its container; if it is to be cultured or cultivated.

Government may, for the purposes of this Act, on the recommendation of the State Fish Seed Agency, recognize any fish seed certification agency established in other States outside Kerala, through notification.

Government, through notification, shall appoint officers in the Fisheries Department not below the rank of Assistant Director as Authorised Officers and define the territories in which they are empowered to exercise.

Government, through notification, shall appoint officers in the Fisheries Department not below the rank of Deputy Director as Adjudicating Officers and define the territories in which they are empowered to exercise.

Government, through notification, may appoint officers in the Fisheries Department not below the rank of Joint Director as Appellate Authorities and define the territories in which they are empowered to exercise.

(1) Whenever any Authorised Officer has a reasonable belief that there has been a contravention of any provision of this Act or the rules made thereunder or any order issued thereunder or register or directory, he shall submit a report regarding the same to the Adjudicating Officer. (2) The Adjudicating Officer shall, after receiving a report under sub-section (1) from an Authorised Officer or from the Fish Seed Inspector or the Fish Seed Inspection Officer, and after giving a reasonable opportunity of being heard to all parties concerned, conduct an inquiry into the matters stated in the report in the prescribed manner.

(1) The Adjudicating Officer shall, after the inquiry under sub-section (2) of section 30, decide whether there has been contravention of any provisions of this Act or the rules made thereunder or any order issued thereunder or the regulations of the directory, and any person found guilty by the Adjudicating Officer,--- (a) if the value of such fish seed is Rs. 1,000 or less, shall be liable to pay a fine not exceeding Rs. 5,000; (b) if the value of such fish seed is more than Rs. 1,000, shall be liable to pay a fine not exceeding five times the value of the fish seed; (c) in the event of a second offence or if such person has been found guilty of an offence under this Act before, shall be liable to pay a fine not less than Rs. 10,000 provided that it may extend up to Rs. 2,50,000; (d) in the event of committing an offence after a second offence, if that is a breeder or fish seed farm or agency or company, the name of such breeder or fish seed farm or agency or company shall be included in the blacklist in the prescribed manner. (2) In addition to any penalty imposed under sub-section (1) for contravention of any provision of the register or directory, the Adjudicating Officer may, as the case may be, direct that such registration or directory be cancelled or suspended for such period as he deems fit.

(1) Any person aggrieved by the decision of the State Fish Seed Agency may, within fifteen days from the date on which the decision was communicated to him and after paying the prescribed fee, prefer an appeal to the State Fish Seed Agency. (2) Any person aggrieved by the decision of the State Fish Seed Agency may, within fifteen days from the date on which the decision was communicated to him and after paying the prescribed fee, prefer an appeal before the Appellate Authority. (3) Any person aggrieved by the order of the Adjudicating Officer may, within fifteen days from the date on which the order was communicated to him and after paying the prescribed fee, prefer an appeal before the Appellate Authority: Provided that, if the Appellate Authority is convinced that the appellant was unable to file the appeal in time for valid reasons, an appeal may be accepted even after the expiry of the aforementioned fifteen-day period. (4) On receipt of an appeal under sub-section (2) or (3), the Appellate Authority shall, after giving an opportunity of being heard, dispose of the appeal as quickly as possible. (5) Every order passed by the State Fish Seed Agency or Appellate Authority in respect of an appeal submitted to it under this Act shall be final.

(1) Adjudicating Officers and Appellate Authorities, when conducting an inquiry under this Act, with respect to the matters specified below, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (1908).

Where a person is found guilty of an offence under this Act or under the rules made thereunder, the fish seed involved in the commission of the offence shall be confiscated to the Government in such manner as may be determined.

(1) Where an offence under this Act has been committed by a company or a firm or a society or an association, every person who at the time the offence was committed was in charge of, and was responsible to the company or the firm or the society or the association for the conduct of the business of the company or the firm or the society or the association, as the case may be, 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 if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company or a firm or a society or an association 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 or the firm or the society or the association, 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, - in relation to a firm, "Director" means a partner in the firm.