Andhra Pradesh Marine Fishing (Regulation) Act, 1995 (Act No. 9 of 1995)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Andhra Pradesh Marine Fishing (Regulation) Act, 1995 Act 9 of 1995 Keyword(s): Fishing Vessel,Port, Registered Fishing Vessel, Specified Area • THI: ANDHRA PRADFSH MAruNE SHORT TITLE EXTENT fISHING (REGULATION) ACT, 1995. ACf No. 9 OF 1995* [8th February, 1995] An Acl to provide for the regu]atio n of Fishing by Fisning Vescls in the Territorial Waters in the Sea along the Coast line of the State of Andbra Pradei1h nnd for matters connected there with • Be it enacted by the Legislative Asssembly of the State of Andhra Prado~h in tho Forty-sixth Year of the Republio of India a.s foUo\ft : CHAPTER-I PRELIMINARY (I) ([) Thh A,t may be c~tt~d th-:: Ar1dhra Prndesh Fishing (Regulation) Act. 1994. Mari;1C Sho t title, extent and commence mont (2) It extends to the whofo of the State of AndhraP radesh. (3) It shall C,jffie into foroc on such date ~s the State Govern-ment may, by notification appoint (2) la this Aot, unJess the context otherwise requires, , (a) •adjudicating officer' means any officer of the Fi~hcries Department, not b-!low th-:: rank of an A'iSistant Director of Fi,.berics, :-,uthorised by the G.:>wrnmcnt, by notifiration, to e:cercise the p,,wers conferred on or to perform the fu net ions ~ntrusted to and disch;-.rge the duties imposed upon, adjudicating offioer by or under this Aot for such area as may be specified in the notifiaation ; Dodaltlons. •RCCe!Ted th11 assent of the President on Jst Feb. 95,For Statement of. o jcct &)Reasons, please Sec the And/ira i'rOdeshGazeu,, Part N·A, Extra.-a dinary, dated 27-4-95at Paae 3. 39 Central Act 13 or 1:>1l 40 (b) •Arr;~ell&te Board" means e.n Appellate Board c.;nsti tuted under section 18: (o) 'AU thorised Offizet' means tm Offici:t authorised under section 3 ; (d) 'fhhln ,:: vessel' means;, ship ;;r boat fitted With mccha nic:.t me.:m of proput,icm .• whtch. u cng1ged in sea-fi.shL11g fr.r p~-:;:fit l!nd t:'.cl,tdes, (i) a co.trunaran ; (ii) a country craft, and (iii) n, canoe, engaged in sea-fishing ; (e) 'Government' ntcans the Stcte Government; .. (f) 'Licence' mean'i a Ut·ence issued or renewed under section 6 ; (g) 'notification' mer.ns a. notifiaation published in the Andhra Ptadesh Gazem., and the w;;ml ~.1-tifled~ shall be const rued accordingly ; (h) 'owner- in relation to any fahing vessel means the owner or mzster, or any agent of such owaer, and includes: a mortgage, lessee or other person in actual possession of the fishing vessel ; (i) 'prescribed' means prescribed by rules made by Govern~ ment nnder this Act : (j) •po-rt' mez.ns the space within such limits as may from time to time be defined by the Government, by nod~ ficatio.n for the purpose of this Act; (k) •registered fishing vesi;;er means, (i) a fishing Vessel registered under section 11 of the Marine Produats Export Development Aut.b.ority Act, 1912; or (ii) a fishing vesseJ registered under se·ctiO!l 9; (1) •specified area' means such area within the such limits in the sea along the entire coast line of the State, but not 7 41 beyond territorial waters or exclusive economic zone as may be specified by notification, by the Government; (m) 'State' mec1.lls the State of Andhra Pradesh and includes the territorial waters along the entire coastline oftbat State. Authorlsa~ (3) The Government may, by notification authorise, tion of officer for (a) any officer of the Government, not being an officer below ~hla~~rg~s the rank of a Gazetted Officer; or visions of this Act. (b) any officer of the Central Government, not being an officer below the rank of a Gazetted Officer or a commissioned office in the Armed Forces of the Union with the consent of that Government, to exercise the pow-::rs conferred on, and discharge the duties imposed upon the authorised officer under this Act, in such areas may be specified in the notification. CHAPTER--![ REGULATION OF FISHING (4) (i) The Government may, h2.ving regard to the referred to in sub-section (2), by order notified in the regulate, restrict or prohibit, matters Power to G:, zettc, regul ate r<!strict or prohibit cer tain matters (a) tht fishing in uny specified area by such class or clr.sses "".ithin spc of fishing Vessels as may be prescribed; or cifie darea. (b) the number of fishing vessels which may be used for fishing in any specified area; or (c) the catching in any specified area of such species of fish $nd for sw::h period :\S me?.?,, be! specified in the notiffo:>.tion; o, (d) the use of such fishing gear in any specified area as may be prescribed. J. No.-1854-6 Problbition of use of fishing vessel in oo:.tJ:avoa~ lion of any order ,made under se:.tlott 4, 42 (2) In making an order under sub*sect:on (1), the Govern ment shall have r~gard to the foll ·wing tll!;tters, nameiy: (a) the need to protect the ini ;rests of different sections of persons engaged in fishing, particu farly those engaged in fishing usiny traditional fi ;hing craft ~uch as catamaran, country ar:-tft or canoe; (b) the need to con.scntc fish and to l'\'!Ju1atc fishin:J on a. scientific bsis; , (c) the need to maintain law and ord?r in the sea; and (d} any other o:w.tter that :mtl.'-' be prescribed. $. No ow,1er or master of a fh '.ting vessel shall use, o, cause or allow to be used, s uch fishing ve ;scl for fishing in any manner, wh.foh contraver:e~ an order made under section 4; Provided that nothing such order shall be constrtted as pre venting the pasimgc of any fis'tiit 'I \fessel through ar,y specified area and shell net in any m[!.nne:r cm se nny damage to any fishing nets or t.wklcs belonging to any pc-son who c:ngnges in fu.hing in the specified area by using .-,.uy tt :.ditional fishing ere.ft .1ucb as catamatv.:n, oountry c-raft, or canoe LiCl',nsing of 6. (I) The owner of a register, d fishing: {vessel may make an flsh 111& appHc;:,1ion to the authorised office· for the grnnt of a 1foence for Vessels.. using such fisru.tlg vessel for fishinJ in any sptrified area, (2) Every application under sub-sect.en (I) shall be in SU<'h form. conl0n swh pe.rticufars, at.d be acGomp:tn.ied by suoh fees as may be prcscr.ibed. (3) The authorised offi::er may after making such enquiry as he deems fit and having rc gard to :he matters referred to in sub~ section (4), either grant or refuse to grant, to the owner of the :fishing vessel~ a licence for using s tch .fie.biog vessel for fishing in the specified area or specified area> mentioned in suoh licence. • 43 (4) in granting or reftlshg; to grant licence under sub-section 2). !he authorised officer shall .have regard to the following • ·namely: (2.) whether the fishing: vessel is a registered fishing vessel; (b) the condition of th< :fishing vessel ittcluding the aooesso .. ries and fisbing gea;· with which it is fitted; (c) any order that may be made under :iection4; (d) such other matter that may be prescribed. (S) A licence granted ucder this seC"tion shall be in such form and subject to such c:ondi:ions, in-eluding conditions as to pay~ mcnt of such fees and f'urrishini such security for the due per .. form,1,noe of the conditforu:, as may b.: pre~cribed; Provided that different l:es, and different amounts by way J ecurity, may be p1e-scribed in respect of licences for different *Jass:& of fishing vessels. (6) A licence granted under this Section shaU be valid for tho period Specified therein or such extended period as the autho~ rised officer may think fit to allow in any ca:e, (7) No person shaI:, i.fter the commencement of this Act, ProhibJtio:i carry on fishing in any specified area using a fishing vessel which ~;i:;hfi~~ing is not Hcensed under sec;ion 6; \'es;;elswhfr:h are not lieenesed Provided that nothing in this section shall apply to any fishing vessel, which is used fo fishing at tho commencement of this Act, for such period as ma.t be specified by the Government, by notification. (8) made (I) If the authorised officer is satisfied either on a. reference Cancclll!-tion I "- · th' t b tf ,1, • d. susper.s10n O = tn tS ,e a or O=er WlSC, wat,- and amend~ () t. d d .. 6'· b b • d mentor ~ a tcence grante u1 er sec:tton .uns een o tame by licences.. fraud M miHepre: entatk,n as to en essential fa<rt; or (b) the Hcencee hcs, wit:1out reasonable cause, failed to comply with the conditions subj0ct to which the licence has been granted or has contravened any of the provisions of this 44 Act or any order or ruie made thereunder, then Witho\lt prejudice to any other penalty to whfoh the licence ma,y he liable under this A-::t, the authorised ofllcer may, after giving the holder of the li<rence a. reasonable opPOrtunity of showing cause, cancel or suspend the liocnce or forfeit the whole or any part of security if any, furnished for the due performance of the condi• tions subject to which the l-i<:ence has been granted~ (l) Subject to any rules that may be made in this behalf, the authorised offioor may also vary or amend a licence &ranted un seetkm 6. Reg;istration (9) (I) The owner of every vessel not being s fishing: vessel rer t:fiaf~ct gister◊d under section l [ of the :ti.tarine Products Export Devd· 13 of um. lopment Authority Act, 1972, shall register such vesse1 under this Act. (2) Every application for registratfon of such vessel shall be made by the owner thereof to the authorised officer in such form and shall be accompanied by such fees, as may be preseribed, (a) before the expiration of one month from the date on whfoh he first became the owner ofro.ch -vessel; or (b) before the e:tpiration of three months from the commen cement of this Act, whichever is later ; Provided that the authorised officer may, for sufficient reason to be recorded in writting exter:d the time limit for registration for such period as be thinks fit. (3) The authorised officer shall issue to the owenr of the vessel registered by him a certificate of registration in the prC5C<ih:d form and shall enter the particulars of such certificate, la a regi ster to be kept by him~ in suah form as ma.y be preSGribe<i. (4) llegistration once made shaJJ be in force unit it is cancel J b}' the authorised officer. 45 (5) Every vessel registered under this secion sbaU carry a regis~ tration mark, assigned to it by the authotiscd of:ru;er, displayed in. the prescribed manner. (6) No vessel, other than a rcsistrcd fishing vessel, sh:i.11 be J en1itled to a licence under section 6. 10 Where a registered :fishing vessel moves from the area of one lnforma~iori to bo grvon port to the ,1.rea or another port, the owner of such :fishing vessel to trntho• ,.. shall give information to that effeat, in the prescribed manner, to rh,;ed t officer the authorised ◊ffic:er by whom such fishing vessel was registered ~gv~ruent and also Jo the port officer- having jurisdiction over the area wereto e~~ina: 5uch fishing vessel has been moved. · ]I. (l). Every owner of a registered fishing ve.s:sel sh.'1.IJ furnim;h ~t:a~etgy to the nu.thorised officer at the presciibed time and in the presM ow17crtl of eribed manner such returns as may be prescribed. itit'.rod vcs:iols, (2.) The authorised officer may inspect any registered fishing Vessel at any time to verify the accuracy of any return m:,,de under this seotion. 12. Evecy decision of the authorised officer u ndcr section 6 Finally of S • o • 9 · ..,,,. . 1 . orctc:rs under ection, ,:, or section • grant1ng or re, ..... nmg to grant icenc-e or sections 6. a fishing vessel or cancelling, suspending, varying or amending 8 or 9. suoh licence or registering, or cancelling the registratioc of vessel shall subjae<:t to any right of 2.pp.:al under section 13 be final. · r13. (l) Any person aggrieved by an order of the authorised Ap~u1s Qlll , . 1. f '·h· l af!amst cer, re,u s1ng to grant lC'ellCC or a ,u:; mg vessc OT cancelling orders rcfus suspending Ot v,xybg VI ame;')dfog such licence or 1efusing to rs grant of ,. tes;ister a vessel or eam:;elling the registration of such ves~el may iccnce. within thirty days from the date on which the order is commu ni cated to him, prefer an appeal t◊ such authority as may be pres~ cribed (hereafter in this section referred to as the appellate authority). Provided that the appellate authority .may entertain the appeal after the expiry of the said period of thlry days it if fa sa1isfied hat t'ge appellant was prevented by sufficient cause from, fill.Ilg u appeal in Ulllll, Pcwer to enter and search. fish~ fog Y~SSCI~. Disposal of seized fish, adjudica tion. 46 {2) On receipt of an appeal under sub,,seirtion (I). the appe) late authority shall aftet giving the appellant a reasonable oppodunity of fo,ing heard. pass such orders thereon as it deems :fit as expeditiously as possible. (3). Every order passed by the appellate authority under this section shall be final. Cll'.APTER-m PENALTI~ 14. The authorised officer may, if he has reason to believe that any fishing vessel is being~ or has been, used in contravention of e.ny of the provisions of 1his act, or of any order or rutc made thereunder or any of the c◊ndiiions of the Jicence, enter and searf' such V(;ssel and impound such vessel and seize any fish found in ith 15. (f), The authorised officer shaU keep the fishing vessel impounded under section 14, in such plMe and in such manner as may be prescribed. (2) In the absence of suitable facilities for the storage of !he fish seized, the authorised officer may, if he is of the opinion that ilie disposal of such fisb is necessary, dispose of such fish and deposit the proceeds thereof in the pre&cribed manner in the office of the adjudicating o:f:fioer. 16. (1) The Government shell, by notification, app;)int an o.fficef l'.lOt below the rank of a gazetted officer in the Fisheries Depart• mont as tho adjudicating officer to exercise such functions and perform such duties as. may ho s.pedfied in tli.e notification. (2) The authorised officer shall send a report of tho fishing vessal hnpoUJlded and the fish i.eized therefrom under sootionl4 to the adjudicating officer,in such manner as may be proscribed. (3) Tho adjudicating o:ffieor shall bold an enquiry into .tho matters montio.nod ln the report, in the prescribed manner. after giving all the parties conc~raed a IOai>Onab1e opporumity or bolngheatd. ! • 47 17. (1) Tbe adjudicating officer shall, after making an enquiry Penalty' under section 16, detide whether 2.ny person has use, or caused to used or allowed to be used any fishing vessel in contravention vf any of the provisons of thTS Act, or of any order or rule made thereunder or any of the conditions of the licence and impose sucb penalty not exceeding: (a) fivo thousand ropees, if the value of the fish seized is one thousand rupees or less; (b) five times tho valuo of the fish, if the Value of the fish seized iF more than one thousand rupees; or (c) five thousand rupees, in any other csao, being a case, not involving any fish, as may be a(ijudged by the adju dipating officer. (2) In addition to any penalty that may be imposed under sub-section (1), the adjudicating officer may direct that, (a) the registration certificate of the fishing vcsse1 or the licence, any condition of which has been contrave ned, shall be, (i) canoclled or revoked, as the ·case may be ; or ' (ii) suspend for such period as the adjudicating officer deems fit; or (b) the fishing vessel or fish that'may have been impounded or seized as the case may be, under section 14 shall be. forfeited to the Government; P:ovidcd that no fishing vessel shall be forfeited under clause· {b), if the adjudicating officer after bearing tbe owner of such. vessel or any. person claiming any right thereto is satisfied that Constitu tion or Appellate Boardi:i-nd llJ>PClll to Appellate Board. 48 tho owner or such person had exercised due cere for the prcvon~ tlon of the eommi~sion of s.uch om,:,,oce,. !S. (l) The Govornment may, by notiftcat:on constitute ono or moro Appellate Bo::.rd or Appellate Boards. (2) The Appeltate Boa1d shall consist of thr-ee memben of wh.om one shaU be a penon who is or has been Disirlct Judge, who sbaH be appotuted a5 the Charirnan <)f tt>e Appellate :Soard. (3) Where only one Appollate Board is constituted that Appellate Board shn.11 have juri~diction throughout fbe State, and where more thon one Appellato Board is constituted by tbe Government, the Govornment may, by notification define the juridiction of oaoh Appellate Board. (4) AJ:iy person aggrieved by an order of tho adjudicating: officer may, withi.n ~rty days from the date on which tbo order is made, profer an appeal to the Appellate Eoard, havingjuris diction to boar such appeal: Pro.-idcd that the Appel.late Board may ente-rtain any appeal after frte expiry of tho ·s,'.id period of thirty days, but not after the e-xpiry of sixty days from the- datoaforcsaid, if it is sahsfkd that tht> appoll;mt was pre"Vented by sufficient cause, from filing the ap~al fo tim,e. (5) No appeal under this section shall bo e-nte-rta.JDed by the· Appellate Board unless the appellant h'l!.s, at 1he time offijjng the appeal, d,;:posited the .-.,.mouJJt of pe-nality p-a:yble under the order appealed against: Provided that, on an application made by the appellant in this behalf, the Appellate- Board ma;-, if it is of tho opjllion that • 49 !ho depo,it to be m11de under tbil'i ,ub-stotion will ca114e unduos hardship to the appellant, by order in writing dispense with such deposit eitbor uncOAditionally or subject to such conditions as it may deem flt to tmpos~. (6) On re-ceipt of an appeal under s.ub,.section (4), the Appe llate Board may, aite:r holding suoh ottquiry u it dcMns fit, and aftor gi\ling tho parties concerned a reusonabfo opportutnity o-f being beard, confitm , modify or set aside tho order app<:ialed ag;i.inst and the dech,;on ofth<.- Appetlate :Board shall 00 final; and ..... (a) if the sum deposited by way -Of penalty under sub~ s.oction (S) exceeds the penalty direct to be paid by the Appellate Board, the excess amount , or (b) if the A.pp:.Uate Board sots a.side the order imposing panatty, the whole of the sum deposited by way <>f penalty, ;,hall bi' rofunded to the appellate.nt witlLin ;,uch period as ruay be specified in the orders: by the AppeUato &ard. r 19. Tho Appolla.to Bon.rQ may cr.11 fur and e:uu:nino tho R.evi!lon by r«ords of uny order pass.ed by an ud.jud•oat'ng OffiQC<r under Appcllato ~ect:on 17 and aga;ns.t whioh no appo:al has beon proferr;,;d tlllder Boi;td, section 18 tor the purpose of ;;;~tisfying itself as to 1ho legality or proprcity of such ordeor or al> to the regularity of the procedure and pass such ordo; with respect of lh'!s ,PIO<X:d.Urc n:nd p.:,ss such order with respect thoreto is it may think fit. Provided lhat no such order shaU 00 ma.do oxcept after giving the pexiOn nffoct.00 a reaw,nable opportunity of beintrhoard iJ:.1 tho »1aJt~r. J. No.-1854-7 Powers of adjudicating officer the Appcll~te Board tn rclatioII. to holdinS enquizy under this Act. Central Act 5 of 1908, Central Act 2 of 1974. Offences bY cOmPanics. 50 20. (1) The adjudicating officer or 1ho Appellate Board as th(' case may bo shall, whilo holding: n enquiry, have all the powers of a civil court undC'r tho Coda >f Civil Procedure, 1908 while trying a suit, in rcspl'ct of .ho following matten, namely: (P.) summoning and enforcing tho attendance of witneses: (b) requiring the dicovery and prod1;ction of ar:.y document; (c) requisitioning any public record> or copy thereof from and any court or offico ; (d) receiving ovider.c~ on. affi.da\'its (e) issuing commisf.ions for tho ox: ruination of witncsse:i' or documents: (2) The adjudicating Officer or the Appellate Board sb~ll, while exorcising any power undor this 1 ,et, b;) deemc•d to be a civil court for purposes of sections 345 ; nd 346 of the Code of Criminal procedure, 1973. 21. ([)Where an offence under this Act h,1s bocn commiL1~d by a company every pcrsvn who, at time the offerce was committed, was in ch:,.rgc cf, [l.nd was responsible, to i.be cvmp::i.ny for the conduct e,f the busi 1ess of the compcmy as well as the company, shdl b.:: deemd to b~ guihy of ihc dfence and sh?.11 be: li:i.ble to be proc::edcd against r.:1d punished accordingly: Provided that nothing contcdncd in th .s sub-section shall render :my such person liable to any pu 1ishment, if be. proves that the offence was committed withou: his knowledge or tI--.at be •he.d exercised all· due deligcnce t{I prevent the commission of sUch offence. 51 (2) Notwithstinding r.nything cvnmined in subsectionh (I). where ar:.y offence tntder this Act has been -0ommittcd ·w]t the consent c., connivenc~ of. or is attributible to any neglect ◊n the p~rt of1 cny direc .or, manager, secretary or other officer, sui;h direct0,r, manager, secretAry or other officer shall be deemed to be guilty of that offci ,ce r.nd sb,;.tU bi; llable to be proceeded ·1 a~inst and ;rnnished a :cordingly, • Explanation: For the purposes of this section, (a). 'Compan)t mez.ns any body corporate a!id includes a firm or other a .sOcfation of individuals; and (b). •Dir..:!ator• in refation to a firm, means a partner in the firm. CHAP'.l'ER-IV MISCELLANEOUS 22. (0 Nothing contained in this Act, sll'll apply to survey £:!{emptioiu. vessels belonging to 1 J.e Central Government o.r any SU;te Government or any P•Jblfo -u.ndertakin g. (2) If the Goverm:ll{ nt is of the opinion that, havfllg regard to the purposes of this Act, it would not be in the publfo interest to apply all or any of th.-, provisions of tli.s Act lo any class or aiassess of fu.ltlng vessel'. used for fishing in any specified area or specified areas, lt mo..y by notification exempt, subject to t.ui::b conditions as it may think fit to impose such or cl'lsses of fishing vesSels used for fishin.iJn suoh specified area or specified .areas, as it m.1.y specify in the :notification, from tb,o operation of all o;: any olthe provisions of this Act. 23 {I) No suit prcseGution or otherlcgr.l proceeding shall ~tect~nof I• • th Go ffi . "' . . ncuon trucJ!in 1e agamst e vernmc nt or any o cer or authority ior anythmig i.a 800d fil.itlt >2 vlhich i1 in good faith done or intended to be done in pursuance of this Act or any order or rule made tbereuoder. (2) No suit or other JegaJ proceeding shall lie ri.gainst the Government or any officer or authority for any damage cau sed or likely to be caused 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. power to 24. (I) The Government may, by notification make rules fo r make ruin, oarryfog out the provisions of this Aot. (2) In particular, and Without prejudice to the generality of the foregoing power, such rulei im.y provide for all or any of the following matters namely 1 (a) tho matters to which regard shall be had in maki11g an order under 1ub-sectfon (1) of aection 4; (b) tho form of the applioation for licence under sub--section (I) of 1eotioo 6 the p!lrticulars whioh it shall contaia and the fees whioh sJ1aU aeeopany it (•) the matters to Which regard be had in granting or refin ing a licence under clause (d) of sub ... section (4) of Section 6, the fees payable for the licence a11d the security for the due perfo1•manoe of the conditions of the licence: (d) the proeedu re to be followed in gra11ting or ref1111ing to grant a licence under section 6 or cancelling, suspending, varying 01· amending such lioenco or iu registering a vos1.cl under ,ection 9 or o·aneelling ,ucb registration. (e) the form of the application for registrn.tio11 of a vessd under section 9, the particulc.rs which such uiider appli cation shall contain, and the fee which shall accompany the application; the form of the certificate of registration and the form of the register rcrerred to in sub-section (3') o! that Section, the manner which the registration mark refereed to is. ,11\l-seotion (5) of that sc..-.iion shall be- displayed. (f) the manner in which the information referred to ln seation 10 shall be- given~ (;) the time and manner in which returns referred to in iub~ section ([) of section 11 shail be furnished ; (h) the authority to whom appeals shan be preferred under eub,.seotion (1) of seotion H ; (I) the plao:e and the manner in whfoh an impounded fishing vessels shall be k:eptundersu0-Scotio11 (1) of section IS t.nd the manner in which the procedure of the disposal of the seized fish llhall be deposited with the adjudicating OiR:cr under sub-section (2} of that section ; (f) tho procedure of the enquiry by the adjudicating officer utuior sub-<section. {3) of Section Hi; (:i:) the qualifications of the members of the Appellate Board other than the Chairman~ the ices and allowances payable io the Chairman and theii members of the Appe!Iate ~ Board; the procedure of the Appellate Board; (l} the tees payable for the supply of oopies of documents <>r orders or for any other pnrposc or matter involving the ren.derng of any strvice by a.uy officer or authority under this Act ; (m) any other matter which is to be, or may be, provided fut bs rules under this Act. (S} Ih'cr}' rule made under this Aot, sbalJ immediately ni'ter it h made, be laid before the Legislative Assembly of the State ifit is in session and if it is not in session, 111 tho &essfon immediatofy following, for a total period of fourteen days which may be oort1p.dsed in, one ses$ion or in two :.uooeisive sessions, and if 54 before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agre~s in making any modification in the rule or in the anriul ment of the rule, shall, from the d2.te on whioh the modification or annulment is notified, have effect on1y in such modified form or shall stand annuled as the case may be, so however, that any such modification or annulment shall be with out prejudice to the validity of anything pre viously done under that rule.