Tamil Nadu Aquaculture (Regulation) Act, 1995 (Act 6 of 1995)

The Tamil Nadu Aquaculture (Regulation) Act, 1995 Act 6 of 1995 Keyword(s): Aquaculture, Aquaculture Unit, Coastal Aquaculture, Eco-Restoration Fund DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. 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OF TAMIL NADIJ 1ReOstimed No.,44,4) [p rice ,U Page i ft OF T4 TAMIL NADU a . , GAZETTE GOVERNMENT 4 , i llis si,:aasairte EXTRAORDINARY PUBLISHPD BY At(ITHOITY % , MADRAS, MONDAY, APRIL 10, 1995 in taarn ..Inotcps Paaguni 27, Bhava, 1 hire valluvar Aantli —2076 tuni not riT Section 22 r Hu; ?ma Nadu Aas ad Ordissit • '' crc 0 or the l'arthr , erl the a (gsalt "Of the Coyernor on the 7th April 1995 and B hereby published for ACT NT. 6 OF 1995 Au Act to provid• tor the regulation of COG 't/ utpuzadtuie in ti.: ta 7ainil Nadu and for inutten connectrd therewith BE it enacto:l by the Legislative A ssepthly . f the St: to f ' a I No. la Forty-sixth Year : f the RopuBlic . f lai!ii, as I, II, N \ S : - 1. (I ) This Act may be collo the Tamil Nadu Aga houltsa c (Reliclath r) Act, -cf. Sly it title, extent sou Cc nunence ment (2) It exteTts 1 'the whirls . 1 the State if Tamil Ned (3) It shall c ime into I Tee on s . on date as the 0 ivernraci.t may, by n, tine:awn, a op !int and ii ifferent dates may be aim-Tn. -Ter: fdr c; iftercht areas and f r different pr visi ris c f this Act 2. In this Act:: aless the etntext otnerwise requires,— Definitions (0) "aquaculture" means culturing in captivity in p, in s ee s, minks res. (Jr therwise. uf shrimp, prawns, fish or any t ther aq u atic life I ! ss lino water in SC ire s il, but dues not incl de fresh water aquae! hurt ; (b) -aluiculture A id - moans a c :astal il a ac It re ,,,-. t wch um ertakit aq ae It re; ! (c) "cmstal aq no. here mem s aq act le it I., c• nicul st: .11c1 es r f land, estaat ics, creeks, rivels. !I a VT ca i's iF hLick waters 'Iliac. let.! ny ti i ill acti - ri ; (d) "District C:mmittee" men Is a District C: mm tree c aslit led t oder section 5; (A Group) IV 2 Ex. (182)-1 ( 21 ) 22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (4 "Director" means the Director of Fisheries, Tamil Nadu ; (f) "Eco-restoration Fond" means the Eco-restoration FL isd established under section 8; (g) "G• is/ernmeet" meals the State Government; (6) "Thsoccti rig Officer" means any Officer of the Fisheries department net below the rank of al [132Cet ?r of Fisheries, as may be auth trisect by the Director to exercise the powers cup [erred en, and <I scharge the duties imposed upon. the In sirecting Officer u. fader this Act, for such area as may he specified by the Director ; (4) "person" inel, des any company. family, firm. scoitty or ass, elation of individuals, whether incorporated or nut; 0) "claret, •ff as:rimier" Itraa 13 any s • oh place of hist stria, archae. lueical or artistic importa nce. WH011 :1:15 beet hi existence fur net lass than one h yer rs. as may be preseri her . Prohibition 3. (I) No person shall, without a licence granted by the Director and except in of establish- accordance llith the conditicms specified in such licence, establish on or after the date meat of of commencement of this Ac h Liny aquaculture unit. aquacul ture unit (2) Every neL son ivii' his es• .11 ,1S:heti aim a twee lc no unit which is in existence immediately before the date of commencement of this Act, shill °Moja a licence within Three months fro Fl the said d Lto in accordance 311 tll I he provisions of this Act. (3) Where a person has more than one aquaculture unit, whethei La the same own or village or in different tcSVIIS or villages. he shall obtain a separate licence in respect of each such aquaculture LIU It Application 4. Every application for a licence under sect. on 3 shall he in such form, for r C containing such part culars and be accompanied by such fee not exceeding rupees five hundred as may be prescribed and shall be submitred to the District Committee. Constitution 5. t I) For the purposes of this Act, the Government may, by notification with or District Effect from such date as may be specified therein, constitute for each Committees. district a Distrin Committee consisting of the.. following nem:hers, namely:— (a) the District Collector, v. ho shall be the (Thai rman pith° District Committee, fix-Off/6 and (b) sucl .11 other officials as may be pt escribed. (2) The Assistant be irectoi of Fishe, ies or the Chic , Ex:ter:live Officer, Brackish Water Fish Farr uc s Development Agency, as may 1i, authorised Iry the Government in this beha sluff be The Men:bet-Scoff-eta] y of the Dish ici Cc mtnittee e—officio. Meetings of 6. (1) The District Committee may meet as often a, may be necessal y had shall. District subject to the provisions of sub-section (2) observe such rules of procedure in regard Committees, to t. ansaction ai business at its meetings (including the quorum at meetings) as may be prescribed. (21 The Chairman of the District Committee, or in his absence any member nominated by him in that behalf, shall preside at a meeting of the District Committee. unctions of 7. (I) 'The District Committee shall examine every application received District under section 4 and make such enquiries as it cor,siciet s necessary in all respects Committee. and forwari the same to the Director with its remarks in such manner and within such time, as limy be preset fiscal. (2) the Dist! let Committee shall, while examining the applica tiff is r Eder sb section (I), have regard to the following matters, on melyr (a) the application fur grant cf licence is ill compliance with the provisions cf this Act a ncl the it les made therm nder ; (b) the imopused site bn aqi act hi re t !Lit dc es nit fall in the prohibited area. . AKA Wa-s''rA:exitahaff0/1.--11 TOrr the purr 'Poseof this clat Sc, "prohibited area" means wet lands inckding biodiversity rid) areas like, mangroves and sviamps, migratsry bird rot tes 'and breeding grounds, sancttaries, national parks and biosphere reserves designated as protected areas or areas committeecl to Gomm ruty conservation Cr prcdt cher, forestry, place of heritage or place or warship, grey cr dark areas in the map prepared by the II , blie Works Department (Gnu ml Water); (o) c hirable lands are not ennyerted for ach act 10 re; (d) ant. aci It, re unit does rot envisage drawal of aria m cte f r c[ lit re rpc se; (e) aq act ltt re nit shall t be established, (A) in the lea tier zit c ranging f 0) fifty to one h nd red metres width in the care nil sea waten basal farm; and (a) twenty to twenty-five metres width in the en se of ectt arine water based farms; (B) (i) within one k ndred males from the ot tel h.re7 i e villare ha vir g 2 pop u latiiia of less than five ht nct red : i) within three h nd red metres from them ter ft •der f a village or to wn, having a pop! . lation of more than five hi mired and (iii) withia ten 101; metres fr, m any Piece of heritage Explanation.—For the porpose if this clot se (i) "buffer zone" means an intermediary zone between aq: el:unto° zone and non-act au. !lure zune; (ii) "aquaculture zone" means an area where aquaculture activities are permitted or taken up under this Act; (I) there shall be a gap of not less n twenty metres for every five hundred metres of SCZI wuter based farms and five metres fin ever v three hundred metres of esturine water based farms. fir the t ceess to the sea wet to the etium y brackish water river, as the ease [nay be; and (g) such other matters as may be prescribed. S. (I) There shall be established a lurid to be called a Edo-restoration Tana which Eco- restora shall be utilised for correcting the Unbalances ca sed to the environment by lion Fund. aquaculture units. (2) Every aquaculture unit shall deposit a sum of rupees five thousand per hectare to the Eco-restoration Fund which shall not hear any interest. (3) The Eco-restoration Fend shall be operated by the Director i a such manner as may be prescribed. (4) Appropriate ecoTestoration work shall be carried out by the aquaculture unit concerned to the satisfaction of the Diiecton and in such cases seventy-five per cent of the money deposited by that aquaculture unit may be refunded by the Director after consulting the District Committee, at the end of such period, as may be prescribed. (5) Where the eco-restoration work has not been carried out by the aquaculture unit concerned, the money deposited by such aquaculture unit shall not be refunded to it and the coo-restoration work in stich cases shall be carried out by the Director from out of the money deposited by such aquaculture u nit . rit Glottp) IV-2 Ex. (1823-la 24 TAMIL NADU GOVERNMENT GAZETTE EX IRAORDIN ;KY (-4rant ard 9• (I) On receipt of an applichtion fro in the District Committee with its remarks renewal of the Director, if satisfied, may, grant a licence subject to the conditions specified in 11C2Ilee. sub-section (2), or refuse to grant a licence: Provided that a licence sltall not be refused unless the applicant has been given an opportunity or making his representation. (2) The following shall be the conditions pf 'every licence issued under sub section (a) the aquabaltare 4nit shall not bc established without the consort: ot Central AC the Tani l Nadu Pollution Go • :trot 13 hard constituted under the Water (Prevention and 6 of 1974. Control of Pollution) Act, 1974: (b) the min: culture unit shall deposit a sum of rupee, five thousand per hectare to tie tho-rest; ration Fund within such lime as may be prescribed ; (c) the agertculthre uhit 'Mall opt dive, . Pet ArgInage ehanticht of tIvi Public 3,9prks Den:trim:tot whip:tut tic ctipsival 1 lee (I:parting1l ; (d) the aq, acnIture enit shall design tie lay out and construction pi 9 I1 Nt h ProVidhig 11.0c .0111i'llicul 11011(10 v0111 11 1■ 1 1:0% 1 10 1.1.001111.1g),1 the 1 r0:11L,.d 111111 , '!Ih. ;,) •oli V 1 ,1 11 1 ' 11 1• ' , 1111:i11•1 1, 11a! T1111111 N11 ■ 111 1 1 0111111011 (1.1 .1 1 1, 03 thetrd ; (t) the Itch :thiltt re inn slid] ath pt such s: strict: 1 1c ach act rc practices in II omit ny with 1 et cfivn, tench( as may be prescri Dix! ;• (f) tllcaCJ. act lo 1 C[i Si .Ii re,- latc the hse , f chemicals 11.11d dr, gs in so cl, a was' tint tic retnnio bet, ss ,leteiEt level 111 the I' efllt•ent disci ante (c) SL:c] crhcr c i:ditL. j.s as ma‘ be prescribed. (3) Ever, licence granted uptIer this seal; n shall he valid fthr a peri: d c f five years fix m the date Lt . its grant and may he renewe, , fr; m time to time, and the provisions of tits Act shall apply in relation to a removal cf a licence s t hey 2 pply in relat ion to t he grant of u licence. 'ewer to 9, (1) Without prciudicc t. ahy 1 tier - eh alts to N Hell 11 I C licen-ee ntay be cancel et liable under this Act, the Direebr inay, at any time, by order in writing, canal or s :spend sushi: id any licence granted or renev ed under section 9, if— licence. . (a) stn. 1 licence has been obtained by fraud, misa.presentation or • supdre. ,ion of material particulars; or . (b) the licensee has contravened any of the provisions of this Act cd he r ules made thereunder or any of the conditions subject to which the licence was granted. (2) Befcre cancelling or suspending a licence under sub-sectien (1), the Director shall give the licensee, an opportunity cf making his representation. Return of 11. On the expiry of his licence or on receipt of any order suspending or cancelling licence. it, tho licensee shall return the licence to the Director : Provided that the Director may, after such expiration or cancellation, give such reasonable time as he thinks fit to the licensee to enable him to wind up his aquaculture unit. Issue of 12. If a liCQ/100 granted is lost, destroyed, mutilated or damaged, the Director shall, duplicate on application and on payment of such fee not exceeding rupees fifty as may be pros licence. cribed, issue a duplicate licence. Power to 13. The Director may issue such orders and directions of a general character issue as he may consider necessary in respect of any matter relating to the licences to directions carry on the business of aquaculture, to any licensee or licensees generally and every het-, all grhg ocfne rind dithcfiers. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25 14. (1) For the purpose of carrying out the proviellins of this! Act cr the mks Power of made thereunder, the Inspecting Officer may, at all reasonable hqurs and with Or entry and without assistance,— inspection. (a) enter into am, aquaculture unit and inspect or coo inn tho aimmolting land or its getter s mrad ;meg i (b) order the production of any account book, register, record or other document relating to Fitch aquaculture 'inn and take or chose to he taken extracts from, or copies of, such document ; (c) ask all necessary questions and examine any person having control of, or employed in connection with, such aquaculture unit. (2) The licensee and all persons employed in connection g h the aquaculture unit shall afford the inspecting Officer gll reasonable access mid facilities for snob inspection and examination as may he required for the purposes aforesaid and shall he bound ti. answer all questions in the nest of their knowledge and belief, to produce documents in their possession, and to furnish such other MP relation in relation to the aquaculture unit as may he required by such officer. (3) Where the Inspecting Officer, on inspection under sub-section (I) is satisfied that the licensee has contravened any ot the movisions ot this Act or the rules made thereunder or any of the conditions subject to which the licence was granted, the Inspecting Officer shall report the tact together with relevant particulars to the Director. (4) On receipt of the report under sub-section (3), if the Director is satisfied that the licensee has contravened any of the provisions of this Act or the rules made Ihere under co any of the conditions subject to which the licence was granted, he may make such order as he thinks fit : Provided that no order under this sub-section adversely affecting the licensee sl all be made unless the licensee has had a reasonable opportunity of mating his representation. 15. (1) Any person aggrieved by— Appeal, (a) an order of the Director refusing to grant or renew a licence or cancelling or suspending a licenee under this Act ; or (b) an order of the Director under sub-section (4) ot section 14, may, in such form, in such manner and within sl.ch period. as may be prescrioed. appeal to the Government : Provided that the Government may entertain an a vocal after the expiry oi the prescribed period, if they are satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub section (I), the Government shall, after io 10 giving the appellant an opportunity of being heard, pass such order on the appeal as , they think fit. 16. (1) Any person aggrieved by an order of the Government under section 15 Revision by may, ik!thiaPc,q94 pf ,Oxty,„days from / the date on which a copy of the , order,was Highaa commukciated, hgrt, fileran application for revision of such order to the Higii,Cotfrt: , 330,110 Provided that the High Court may within a further period of thirty days entertain an application made after the said period of sixty days, if it is satisfied that the petitioner hadmiffisirtkcanseloi,nexpaking the application within the said period cfnixty days. ,0 dot, ehli mucii u Jot WIlt lortfracti (2) The application shall be in such form, verified in such manner and accompanied by such foe, as may be prescribed. stgfrbstimi 1., , /finItfildiSicokiderbb lt hthilleglibti,lfin itevision, the High. Court may &refine! .. 31e !nail° cancel or vary such order : tit , iglig midget nef et 26 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Pc :raided that no order prejudicial to any party shall be passed unless such party hi boon given an opportunity of being heard. (a Every order passed under ibis section shall be final. Nfences by 17: (1) If the person committing an offence under this Act is a company, comp nit:. every per ton who it t fie time the offence was committed, was in charge of, and W as responsible to the company for the conduct oft he business of the company, as W CI] 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 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) Notwithstanding anything contained in sub section (1) where any 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 cfficcr of the or mpany, such director, manager, secretary Cr other officer shall alto be deemed to be guilty cf that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purpose of this section,— (a) " compau " means any body corporate and includes a firm society or other association of individuals ; and (b) "Director " in relation to (i) a firm means a partner in the firm ; (ii) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be. 'enalties. 18. Cl) M any person contravenes, or attempts to contravene, or knowingly abets the contravention of, any of the provisions of this Act or any rule or order made thereunder, he shall be punishable with fine which may extend to twenty thousand rupees fr.d in the case of a continuing contravention with a further fine which may extend D one thousand rupees for each day during which such contravention is contffiw d after conviction thereafter. (2) If any person wilfully obstructs any authority or officer, from enterirri. any aquaculture unit in the exercise of any power conferred on it or him by or under this Act, he shall be punishable wit!' fine which may extend to one thousand rupees. Bar of jurisdic- 19. Except as otherwise provided in this Act, no civil court shall have jurisdic tion of civil tion to decide or deal with any question which is by or under this Act required to courts, be decided or dealt with by any authority or officer of the Government. Cognizance of 20. No court shall take cognizance of any offence punishable under this Act offence. except on a report in writing of the fact constituting such of fence made by an autho• rity or officer auiliorised by the Government in this behalf. Jurisdiction of 21. Na court interior to that of a Metropolitan Magistrate or a Judicial criminal Magistrate of the first class shall try any offence punishable under this Act. court. Inspecting 22. Every authority and every officer duly authorised to discharge any duty Central Act Officer, etc., imposed on it or him by or under this Act, shall be deemed to be a public servant XLV of 1860, to be public within the meaning of section 21 of the Indian Penal Code. servants. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 27 23. (I) No suit, prosecution or other legal proceeding shall lie against any Indemnity. authority or officer or servant of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made the (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by virtue of the provisions of this Act or. by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. 24. The provisions of this Act shall have effect notwithstanding anything in- Act to ever consistent therewith contained iri any other law for the time being in force or in any ride other c str m. u sage or ccntract. laws. 25. (1) The Director may, by order notified in the TWO! 11 7(Idli Governmeril. Delegation of Gazette. autls :rise any authority or officer to exercise any of the powers vested in powers cf him by or I rider this Act and may, in like manner, withdraw such au Hu rity. Direct(' r. (2) (a) The exercise of any power delegated r nder sub -scctic n (I) shall be subject to s ch restrictions and conditions as may be specified ins- ch order. (b) The Director shall ids.) have the rywer to cdritri I and revise the acts or proceedings of any authority br . fficer so empowered. 26. (I) The Government may make rules to carry out the psrpeses of this Al. Power to make rules. (2) In particular and withoi t prej c ice to the senel slay cf the foregoing Thswer, s oh r, les may provide h r all c r any c f the f II. wing matters, homely : — (a) the inn sf and the manner s f making an application kr a licence. the fees for s,:ch licence and renewal there: 1. the c ind ikons se bject to which, and the form in which a licence may be granted and the period for which a licence may be renewed,under section 9 ; (b) the fee payable in respect of a duplicate licence under section 12 ; (c) the form and manner in which, and the period within whiffi, an appeal may be made under section 15 and the procedure to be followed by the 1‘ Covernment in disposing of the a cal ; • (d) the form and manner o verification, of the application and the fee •which shall accompany the application, for revision under section 16 ; (e) any other matter which is to be, or may be, provided for, by tales under this Act. (3) (a) All rules made under this Act shall be pi blished in the lam!!! Nadu Cow rnment Gazette, and hitless, they are expressed to CC Ille into force on a parti ch Jar day, shall come into force on the day on which they are sd published. (b) All notifications iss eff u :Wei - this Act shall, i ifless they are claressed to e.fine into Lome On a particular day, come into force on the day on whica they are Published. (4) Every I. .. lc made or notification iss. ecl 4mier this Act shail, as scull as p...ssible after it is made or iss ..e(1 be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or ctic next session, the Assembly makes any mkt ification in any s oh rile or us tificat ion or the Assembly decides that the role or notification should not be made fr iss. ed, thee: le cr ucti n cation shall thereafter have effect (171y in s eh modified Lrin or be f ni e floor, as the case may be, so, however, that any s eh mod Ecatios 01 an n. !mem snail be withst t prej dice to the vriHity of anything pres io, sly done nder that ri le or notifi cation. lily order of the Governor.) M. MI. hilltAMAN: Secretutv to (overnment, Late De/nutmeat. 60 PRINTED AI) PURI 'SHE!) tit II DiRECTUR OF SIA I 10-\ LRY .4ND ,,PRINTTV/1 !Po 4.11p. nr.; Brett 4 F cr i l4: Ci)WPRN)IEN irk N