The Kerala Inland Fisheries and Aquaculture Act, 2010
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
41. Inland Fisheries Management Advisory Committees
(1) The State Government may, by notification in the Gazette, constitute a State Fisheries Management Advisory Committee at the State level and District Fisheries Management Advisory Committees at the District level for the purpose of ensuring the sustainable development, protection and preservation of the fisheries sector, for responsible implementation of aquaculture development and the protection of livelihood of fishermen. (2) The State Fisheries Management Advisory Committee shall consist of the following members, namely:— (a) Minister for Fisheries; (b) three members of the Legislative Assembly of whom one shall be a woman; (c) Secretary, Fisheries; (d) five members who shall be technical experts or scientists in the fishery sector; (e) five trade union representatives from the fishery sector; (f) two fish farmer representatives; (g) two representatives of Local Self Government Institutions; (h) Director of Panchayats; (i) Executive Director, Agency for Development of Aquaculture; (j) Managing Director, Kerala State Co-operative Federation for Fisheries Development; (k) Chief Engineer, Water Resources Department; (l) Director, State Bio-diversity Board; (m) Chairman/Member Secretary, State Pollution Control Board; (n) Director of Fisheries. (3) In the State Fisheries Management Advisory Committee constituted under sub-section (1), the representatives of the members of Legislative Assembly and the Local Self Government Institutions and non-official members shall be nominated by the Government and the Minister-in-charge of Fisheries Department shall be the Chairman and the Director of Fisheries shall be the Convener of the Committee. (4) The term of office of the committee members, meeting procedure of the Committee, sitting fee, travelling allowance etc. of the nominated members, shall be such as may be prescribed. (5) The constitution of the District Level Fisheries Management Advisory Committees shall be as follows, namely:— (a) President, District Panchayat; (b) District Collector; (c) three members who shall be technical experts/scientists in the fishery sector; (d) District Manager, MATSYAFED; (e) ten trade union representatives from the fishery sector; (f) two fish farmer representatives; (g) Deputy Director, Panchayat; (h) Executive Engineer, Water Resources Department; (i) District level officer of the State Pollution Control Board; (j) District Fisheries Officer. (6) District Panchayat President shall be the Chairman and the District Fisheries Officer shall be the Convenor of the District Level Committee and members except ex-officio members shall be nominated by the Government. (7) The term of office of the committee members, meeting procedure of the Committee, sitting fee, travelling allowance etc. of the nominated members, shall be such as may be prescribed.
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
42. Recovery of sum due to Government or Local Self Government Institution
Any sum due to Government or Local Self Government Institution under this Act or the rules made thereunder shall, without prejudice to any other mode of recovery, be recoverable as if it were an arrear of public revenue due on land.
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
43. Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority for anything which is in good faith done or purported to be done in pursuance of any provisions of this Act or rules made thereunder. (2) No suit or other legal proceedings shall lie against the Government or any officer or authority for any loss caused or likely to be caused by any act which is in good faith done or purported to be done in pursuance of this Act or any rules made thereunder.
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
44. Power to make rules
(1) The Government may, by notification in the Gazette, make rules to carry out all or any of the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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.
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
45. Removal of difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, make such provisions not inconsistent with the provisions of this Act, which appears to them to be necessary or expedient for the purpose of removing such difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act. (2) All orders made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly.
Chapter VII FISHERIES MANAGEMENT ADVISORY COMMITTEES
46. Repeal and saving
(1) The Indian Fisheries Act, 1897 (Central Act 4 of 1897) existing in force in the Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), shall cease to operate to the said area and the Travancore-Cochin Fisheries Act, 1950 (34 of 1950) is hereby repealed. (2) Notwithstanding such cessation of operation or repeal, any licence granted or notification issued or rules made under such Acts shall, in so far as, if it is not inconsistent with the provisions of this Act, continue to be in force unless and until it is repealed by any licence granted or notification issued or rules made, as the case may be, under this Act.
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