section 23
Procedure to be followed by Fish Seed Inspectors
The Kerala Fish Seed Act, 2014(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.
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