Goa (Brackish Water) Fish Farming Regulation Act, 1991 (Goa Act No. 9 of 1992)

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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 Goa (Brackish Water) Fish Farming Regulation Act, 1991 Act 9 of 1992 Keyword(s): Brackish Water Land, Tribunal, Licensing Authority 44-• The Goa (Brackish Water) Fi.,;;:h i·arming Regulation Act, 1991 (Goa Act No, 9 of1992} [ 16,5-1 ~2] AN ACT to reg1dmf.' 011d pmmure sciemific fi.1·/J j(lrming i11 brm:f.:i;;h waler land in the Stare af Gm1. Be it cnu,1ed by lhe Legis!mivc Assembly of Gun in the Forty-second Year of the Rcpublk of India as follows: [ Short rirfc, c,tfem am/ commeuccmem,- (/) Thi s Act m.iy be called the Goa (Bracki:-:h Water) Hsh Farming Rcgufatkm Act. 1991. (2) It. extends to thc whole of the Slate of Gett {J) It lihall coir.e into force on such dale as the Government may, by notification in 1hc Official Gazette, appoinL 2. Dejiniiions - In thi>i Act. unless lhe comext otherwise requires, {a) "appoint.cd day" mean.~ the date of coming into force of lhis Act; (b) "brackish wmcr land" means.uny kmd inundated wilh or subject to inunda1ion by sail walcr and fit for pisciculturc; (c) "licensing uuthority" means Br:n:kh.h Waler Fish Farmers Development Agency (BFDA) Goa rcgis1crcd under the Srn::ietie....; Registration Act, 1860; (d) "Govcmmeni'' means the Government of the Stale of Goa; {c) "prescribed" means prescribed hy rules mndc under this Act; (J) ·Trihunal" means lh(! Adminismmvc Trihmrnl constituted under the Goa, D:,mmn and Diu AdminiHlr□ live Tribunal AcL, 1965 (Act 6 of 1965). 3. Pmhibi1iw1 of.fishing orfishfarming,- Notwithstandingllny custom, usage, law orcontrm.:1 to !he contrary, no fishing or fish farming aclivilics shall be undcrlilkcn or cnrried on in any hrnckish water land except in nccordancc wiH1 a licc11ce issued under 1his Acl: cPuhlishcd in Official Gaze It~, Scne.~ I. No. ! J datc<l 25-6-1 ~92, The Art come into force on Wi/1993, NotificJlion No, BF DA/84 t.!mcd 17-8-1993.) Provided that. if ;my fishing or fish farming ac1ivlty is being carried 011 by any person in any such land on the nppointcJ day, whether by usage or cus1om orcontrnc1, such person shall. w11hin !hree months from the nppolnted dny, ob!ain a licence in uc.:ordancc with the provisi,ms of this Act. 4. Licc11ce f mji:;hing or Jfrhfarmi11p,. -(I) An appl icatioo for grant of licence under section 3 shall be made 10 the licensing authority In such form antlon payment of such fee us may be prescribed. (2) On receipt of an application under sub-sec lion ( !), the licensing authority shnll, (a} condu;;t such inquiry ns it deems flt !t> establish ihc muurc of the right of the applicant over ihc kmd and for !his purpose, may require the applicant to produce ,:uch tlocuments a:- it <lecms necessary; (b) obtau; such rcrmrts ns it deems necessary fn1m 1heDlrectoratcsof Agriculture and Fisheries of th:: Government (c}causc a survey to be made to ensure that nodamoge is likely to be caused ro any residential house or any other strac!urc or a drinking water source by fish forming activi!ics on lh:: brnd.;ish water kmd. (3) If. after inquiry. the ti1.cnsing authority is ofthcopinion thnt theapplicanl should be granlcd the licence, it shall grant !he licence in such form and subject to such ,;;onditions as may he pre,:cribcd. (4} H, a[(cr inquiry, the licensing aulhority i:. of 11:e opinion thM 1he application sJmuld be rejected. it shall communicnte the grounds for such rejoclion and also give 1hc applicnnL :1n opportunely of being hcnrcL before passing ;my order. 5. PenuftieJ.- Wlmcvcr contravenes the p:ovisions of section 3 or any of the cnndi1ioni subjec! lO which a licence has been grunted under section 4, ;;hall. on eunvic!ion, be punislrnbk with line which mny extend IOone thousandrupeesaod wllen the comravenLion ii: n conlinuoui,; one. with a further fine which rnay extend to five hundrctl rup,.:es for every day during which such contravention lli cominued or continues. 6.Appea/.-Any pernon nggricve<l by ,m order rnadc under section 4 may, within such lime nnd in such manner r,~ may be pres.:1ihcd, iippcnl to !he Tribunal. 7. Power ta make rufes,-( I) The Government may by notific:nion ln the Official Ga;,,ettc, make rules for c::irrying out the purposes of this AcL 46 (2) In particular, and wilhoul prejudice lo the generality of the foregoing power, such rules may provide for allot any of lhe following mancn.. namely: {a) the form of application for grant of licence; (b) the fee to be paicl for grant of licence; (c) 1he form of licence; {d) the com:Htions governing !he gmnl oflicencc; (e) any othC:t' matlcr which is required 10 be. or may be, prescribed. i '