THE COASTAL AQUACULTURE AUTHORITY ACT, 2005

2005 · State unknown · central · act_text

Sections (98)

22A · Arrears of cost and penalty recoverable as arrears of land revenue.

1 · Short title and commencement . — (1) This Act may be called the Coastal Aquaculture Authority Act, 2005.

2 · Definitions . — (1) In this Act, unless the context otherwise requires,—

2 · [(a) " aquaculture input " means any material used as an input in coastal aquaculture for the maintenance of quality of water and soil and for the growth and better health of organisms reared, or other aquatic life available, therein and includes seed, fertilizer, feed, growth supplement, probiotic, environment remediator and disinfectant;

3 · [(c) " coastal aquaculture " or " coastal aquaculture activity " means rearing and cultivation of any life stages of fish, including crustacean, mollusc, finfish, seaweed or any other aquatic life under controlled conditions, either indoor or outdoor, in cement cisterns, ponds, pens, cages, rafts, enclosures or otherwise in saline or brackish water in coastal areas, including activities such as production of brood stock, seed, grow out, but does not include fresh water aquaculture;

2 · Subs. by Act 27 of 2023, s. 2, for clause (a) (w.e.f. 12-9-2023).

3 · Subs. by s. 2, ibid., for clause (c) (w.e.f. 12-9-2023).

1 · [(d) " coastal area " means the area declared as the Coastal Regulation Zone in the Coastal Regulation Zone notification issued by the Central Government under the Environment (Protection) Act, 1986 (29 of 1986) and includes such other area as the Central Government may, by notification in the Official Gazette, specify;

3 · [(ea) " Nucleus Breeding Centre " means a coastal aquaculture unit carrying on biosecured coastal aquaculture activity which has an established freedom from disease causing pathogens for the purpose of producing domesticated specific pathogen free, specific pathogen tolerant and specific pathogen resistant stocks;

3 · [(h) " specific pathogen free " or " specific pathogen resistant " or " specific pathogen tolerant " means free of, resistant to, or tolerant to, such pathogens as may be listed by the World Organisation for Animal Health or any other pathogen notified by the Central Government, which is specific for candidate species used in the coastal aquaculture;

3 · Power of Central Government to take measures to protect environment . — The Central Government shall take all such measures as it deems necessary or expedient for regulation of coastal aquaculture by prescribing guidelines, to ensure that coastal aquaculture does not cause any detriment to the coastal environment and the concept of responsible coastal aquaculture contained in such guidelines

1 · Subs. by Act 27 of 2023, s. 2, for clause (d) (w.e.f. 12-9-2023).

2 · The words "and the member -secretary" omitted by s. 2, ibid . (w.e.f. 12-9-2023).

3 · Ins. by s. 2, ibid. (w.e.f. 12-9-2023).

4 · Establishment of Authority and appointment of Chairperson and members . — (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.

5 · [(fa) one member to represent the Ministry of Fisheries, Animal Husbandry and Dairying of the Central Government;]

6 · [(g) one member to represent each of the coastal States and Union territories;]

5 · [(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.]

5 · Disqualifications for appointment as member . —A —A person shall be disqualified for being appointed as a member if he—

1 · Subs. by Act 27 of 2023, s. 3, for “Department of Ocean Development” (w.e.f. 12-9-2023).

2 · Subs. by s. 3, ibid., for “Ministry of Environment and Forests” (w.e.f. 12-9-2023).

3 · Subs. by s. 3, ibid., for “Ministry of Agriculture” (w.e.f. 12-9-2023).

4 · Subs. by s. 3, ibid., for “Ministry of Commerce” (w.e.f. 12-9-2023).

5 · Ins. by s. 3, ibid. (w.e.f. 12-9-2023).

6 · Subs. by s. 3, ibid., for clause (g) (w.e.f. 12-9-2023).

7 · Clause (h) omitted by s. 3 , ibid , (w.e.f. 12-9-2023).

6 · Eligibility of member for reappointment . — 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.

7 · Meetings of Authority . — (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.

1 · [(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.]

2 · [7A. Committees of Authority.—(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.

8 · Vacancy in Authority not to invalidate proceeding . —N —No act or proceeding of the Authority shall be invalidated merely by reason of—

9 · Appointment of officers, consultants and other employees of Authority . — (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.

3 · [9A. Secretary of Authority.—(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.

1 · Subs. by Act 27 of 2023, s. 4, for sub-section (2) (w.e.f. 12-9-2023).

2 · Ins. by s. 5, ibid. (w.e.f. 12-9-2023).

3 · Ins. by s. 6, ibid. (w.e.f. 12-9-2023).

10 · Authentication of orders and other instruments of Authority . —A —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.

11 · Functions of Authority . — (1) Subject to any guidelines issued by the Central Government under section 3, the Authority shall exercise the following powers and perform the following functions, namely:—

3 · [(d) to order removal or demolition of any coastal aquaculture unit which is causing pollution after hearing the occupier of such unit;]

4 · [(da) to regulate or prohibit the number, species and method of any coastal aquaculture in such area, as may be prescribed, through planning and execution of such programmes, including aqua zonation and aqua mapping for environmentally sustainable coastal aquaculture, as may be notified by the Central Government;

1 · Subs. by Act 27 of 2023, s. 7, for "aquaculture farms" (w.e.f. 12-9-2023) .

2 · Subs. by s. 7, ibid., for “farms” (w.e.f. 12-9-2023).

3 · Subs. by s. 7, ibid., for clause (d) (w.e.f. 12-9-2023).

4 · Ins. by s. 7, ibid. (w.e.f. 12-9-2023).

12 · Power to enter . — Subject to any rule made in this behalf, any person generally or specially authorised by the Authority in this behalf, may, wherever it is necessary to do so for any purposes of this Act, at all reasonable times, enter on any coastal aquaculture 2 [unit] and—

3 · [Provided further that the requirement of notice under the first proviso may be waived by the Authority, in such cases and for such reasons to be recorded in writing, as it deems fit:

4 · [12A. Prohibition of certain materials.— The Authority may, by an order, prohibit the use, in any coastal aquaculture activity of—

13 · Registration for coastal aquaculture . — (1) Save as otherwise provided in this section, no person shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal aquaculture in the traditional coastal aquaculture 5 [unit] which lies within the Coastal Regulation Zone referred to in sub -section (9) and is not used for coastal aquaculture purposes on the appointed day unless he has registered his 5 [unit] with the Authority under sub-section (5) or in pursuance of sub-section (9), as the case may be.

1 · Subs. by Act 27 of 2023, s. 7, for “farm” (w.e.f. 12-9-2023).

2 · Subs. by s. 8, ibid., for “land, pond, pen or enclosure” (w.e.f. 12-9-2023).

3 · Ins. by s. 8, ibid, (w.e.f. 12-9-2023).

4 · Ins. by s. 9, ibid, (w.e.f. 12-9-2023).

5 · Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).

1 · [Provided that the Authority may issue a certificate of registration for carrying out coastal aquaculture on the land allotted or assigned by the Government subject to such procedure and for such period, as may be prescribed, but not exceeding the period specified under clause (a) or clause (b), as the case may be.]

3 · [(7) In the case of a farm comprising more than two hectares of water spread area and any other coastal aquaculture unit, no application for registration to commence any activity connected with coastal aquaculture shall be considered under sub-section (5) unless the Authority, after making such inquiry as it thinks fit, is satisfied that registration of such coastal aquaculture unit shall not be detrimental to the coastal environment.]

4 · [(a) no coastal aquaculture shall be carried on in the ecologically sensitive areas or the geomorphological features;

5 · [Explanation.—For the purposes of this sub-section,—

1 · Ins. by Act 27 of 2023, s. 10, (w.e.f. 12-9-2023).

2 · Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).

3 · Subs. by s. 10, ibid., for sub-section (7) (w.e.f. 12-9-2023).

4 · Subs. by s. 10, ibid., for clauses (a) and (b) (w.e.f. 16-12-2005).

5 · Subs. by s. 10, ibid., for Explanation (w.e.f. 16-12-2005).

3 · [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.]

3 · [(12) The Authority may vary, amend or modify the certificate of registration issued under this section, in such manner as may be prescribed.

4 · [13A. Authorisation of officers.—(1) The Authority may, by order, authorise any officer of the Authority or the State Government or the Central Government, not below the rank of Assistant Director of Fisheries in a District to function as authorised officer to exercise such powers, to discharge such duties and perform such functions, as may be specified in that order.

1 · Subs. by Act 27 of 2023, s. 10, for “farm” (w.e.f. 12-9-2023).

2 · Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).

3 · Ins. by s. 10, ibid, (w.e.f. 12-9-2023).

4 · Ins. by s. 11, ibid, (w.e.f. 12-9-2023).

1 · [14. Penalty for carrying on coastal aquaculture in contravention of provisions of Act.— Where any person carries on coastal aquaculture or traditional coastal aquaculture or causes the coastal aquaculture or traditional coastal aquaculture to be carried on in contravention of any of the provisions of this Act or any rules or regulations made thereunder or any guidelines or notifications issued thereunder, an officer authorised under section 13A shall take all or any of the following actions, namely:—

1 · Subs. by Act 27 of 2023, s. 12 for section 14 (w.e.f. 12-9-2023).

14A · Appeal. —(1) Any person aggrieved by an order of the adjudicating officer may within thirty days from the date on which the order is made, prefer an appeal to the Appellate Authority:

15 · Cognizance of offence . —N —No court shall take cognizance of an offence under section 14 without a written complaint filed by an officer of the Authority authorised in this behalf by it.

16 · Payment to Authority . — The Central Government may, after due appropriation made by Parliament, by law, in this behalf, pay to the Authority in each financial year such sums as may be considered necessary for the performance of functions of the Authority under this Act.

17 · Fund of Authority . — (1) The Authority shall have its own fund and all sums which may, from time to time, be paid to it by the Central Government and all the receipts of the Authority (including any sum which any State Government or any other authority or person may hand over to the Authority) shall be credited to the fund and all payments by the Authority shall be made therefrom.

18 · Budget . — The Authority shall prepare, in such form and at such time each year as may be prescribed, a budget, in respect of the financial year next ensuing, showing the estimated receipts and expenditure and copies thereof shall be forwarded to the Central Government.

19 · Annual report . — The Authority shall prepare once in every calendar year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

20 · Accounts and audit . — (1) The Authority shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.

21 · Chairperson and other members, officers and other employees of Authority, etc., to be public servants . — The Chairperson and other members and the officers and other employees of the Authority and the authority appointed by the Authority shall be deemed to be public servants within the meaning of section 21 of the India Penal Code (45 of 1860).

22 · Protection of action taken in good faith . —N —No suit, prosecution or other legal proceeding shall lie against the Central Government or the Authority or the Chairperson and other members of the Authority or the authority appointed by the Authority or any person authorised by the Authority or any officer authorised by the Chairperson for anything which is in good faith done or intended to be done in pursuance of this act or any rule or regulation or order made thereunder.

1 · [22A. Arrears of cost and penalty recoverable as arrears of land revenue. — Any cost which is due and not paid as provided for by or under this Act and any sum directed to be recovered by way of penalty under section 14 shall be recoverable in the same manner as an arrear of land revenue.]

23 · Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

24 · Power of Central Government to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this act.

1 · Ins. by Act 27 of 2023, s. 13 (w.e.f. 12-9-2023).

1 · [(aa) the powers to be exercised and the functions to be performed by the nominated member under sub -section (3A) of section 4;]

1 · [(ba) the manner of constitution of committees under sub-section (1) of section 7A;

1 · [(fa) the manner of assessing the cost of damage to the environment under the third proviso to section 12;

1 · [(ja) the manner of varying, amending and modifying the certificate of registration under sub -section (12) of section 13;

1 · Ins. by Act 27 of 2023, s. 14 (w.e.f. 12-9-2023).

2 · Subs. by s. 14, ibid., for “land, pond, pen or enclosure under that section” (w.e.f. 12-9-2023).

25 · Power of Authority to make regulations . — (1) The Authority may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act.

26 · Rules and regulations to be laid before Parliament . — Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.

27 · Validation . — 2 [(1) Notwithstanding anything contained in clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) or clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, in the Coastal Regulation Zone Notification or the Island Coastal Regulation Zone Notification issued by the Government of India in the Ministry of Environment, Forest and Climate Change, in exercise of the powers conferred under the said Environment (Protection) Act, in the paragraph dealing with prohibited activities, after the last sub-paragraph, the following proviso shall be inserted and shall always be deemed to have been inserted with effect from the 19th day of February, 1991, namely:—

1 · Subs. by Act 27 of 2023, s. 15, for “farms” (w.e.f. 12-9-2023).

2 · Subs . by s. 16 , ibid . for sub -section (1) (w.e.f. 12-9-2023).

2 · [28. Validation of certain provisions and amendments retrospectively.—(1) Where a coastal aquaculture and activities connected therewith has been granted registration under this Act, then, notwithstanding anything contained in clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), or clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 or in any other law for the time being in force:—

1 · The word "farm ' s" omitted by Act 27 of 2023, s. 16 (w.e.f. 12-9-2023).

2 · Ins. by s. 17, ibid. (w.e.f. 12-9-2023).

Subordinates (8)

Ministry of Agriculture

Type: rules · UID: 0309691f9d3c2feca47201c1b2af0a11517adcfe · PDF: yes · Text: yes · Rule index: yes

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THE GAZETTE OF INDIA EXTRAORDINARY

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rinz ro =to do-33004/99

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7in &, &uq (Qv)-04/0007/2003-~0s

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THEGAZETTE OF INDLA:EXTRAORDINARY

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REGISTERED No. DL(N)-04/0007/2003-05

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REGD. NO. D.L.-33004/99

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Ministry of Agriculture

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