|THE ASSAM FISH SEED ACT, 2005|
THE ASSAM GAZETTE EXTRAORDINARY MAY, 17-2000
ASSAM ACT NO. XIV OF: 2005
(Received the assent of Government on 18 April, 2005)
THE ASSAM FISH SEED ACT, 2005
An Act to regulate the quality of fish seed for production, marketing and stocking of water bodies in State of Assam.
Where it is expedient to regulate the quality of fish seed for production, marketing and stocking in water bodies in the State of Assam and for matter connected therewith or incidental thereto.
It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:
1. Short title, Extent and commencement
1) This Act may be called the Assam Fish Seed Act, 2005.
2) It extends to the whole of Assam.
3) It shall come into force at once.
In this Act unless there is anything repugnant in the subject or context,
a. "Brood Fish" means mature male and female fish of the age of two years or more bearing male and female gonads in the form of milt and ova respectively to be used for breeding purpose;
b. "Certification Officer" means the officer authorised under section 14;
c. "Committee" means the State Level Seed Committee constituted under section3.
d. "Container" means leak proof polythene of 18 inches dia containingwell aerated oxygenated water duly sealed and packed in Tin, Carton, Sac or Bag etc. used for transportation of fish seed;
e. "Control Breeding" means natural breeding of fish made in confined water bodies;
f. "Cross Breeding" means breeding of fish made artificially between two different species;
g. "Exotic Fish" means a fish which is not native of India and brought to India from other country;
h. "Fish Seed" means and includes:
i. "Fish Seed Producer" means a fish farmer who produces fish spawn by induced breeding and controlled breeding and also by using "Hapa" which is a cloth or nylon enclosure.
j. "Fish Seed Grower" means a fish farmer who rears spawn to fry, fingerling or advanced fingerling stage;
k. "Fish Seed Importer" means a fish seed seller who bring fish seed in live condition from outside the State;
l. "Fish Seed Exporter" means a fish seed seller who sends fish seed in live condition outside the State:
m. "Hatchery" means an integrated infrastructure for fish breeding, incubation, hatching and marketing of fish seed;
n. "Induced Breeding" means the technology of fish breeding where mature male and female fishes are induced to breed through administration of hormones;
o. "Prescribed" means prescribed by rules made under this Act;
p. "State Government" means the Government of Assam;
q. "Water Bodies" means the Ponds, Tanks, Beels, Streams, Rivers, Derelict water reserves, Swamps and other water reserves where fish population exists.
3. Constitution of a State Level
1) The State Government shall within three months from the date of commencement of this Act, by notification in the Official Gazettee, constitute a committee to be called the State Level Seed Committee (SLSC) to exercise the powers conferred on and the functions assigned to it under this Act.
2) The Committee shall consist of the following namely:
i. Principal Secretary or in his absence Commissioner & Secretary, to the Government of Assam, Fishery Department .Chairman.
ii. Director of Fisheries, Assam--- Member.
iii. Managing Director Assam, Fisheries Development Corporation Ltd. Assam-Member.
iv. Principal Scientist, Central Inland Fisheries Research Institute, NE Region-Member
v. Senior Scientist (Fisheries) Assam Agriculture University, Jorhat,-Member
vi. One Fish Seed Producer to be nominated by the State Government-Member
vii. One eminent Fishery Expert to be nominated by State Government-Member
viii. Deputy Director of Fisheries, Fish Seed Farming-Member Secretary.
3) The Committee shall sit at Guwahati at least twice in a year and the interval between two sittings shall not exceed six months and observe such procedure in regard to transaction of business at its meeting as may be prescribed.
4. Term of Office And condition of Service of Nominated Members
1. The nominated members of the Committee shall, unless their sits become vacant either by resignation, death or otherwise, be entitled to hold office for a period of three years and shall be eligible for re-nomination.
2. The honorarium, allowances and other conditions of service of the nominated members of the Committee shall be such as may be prescribed.
3. Any nominated members may resign his membership by giving notice in writing to the State Government and on the resignation being accepted by the State Government, he shall cease to be a member of the Committee.
4. The State Government may remove from the Committee any nominated member, after giving him a reasonable opportunities of being heard, who refuses to act or becomes incapable of acting or remains absent from three consecutive meetings of the committee without assigning any valid reason to the satisfaction of the Chairman of the Committee or he has so fragrantly abused in any manner his position as a member of the Committee to render his continuance detrimental to the public interest.
5. Any vacancy of nominated members created by resignation, removal or otherwise shall be filled up by the State Government by renomination.
6. Any vacancy in the Committee shall not in any way affect the validity of proceedings in a meeting of the Committee.
7. A person shall be disqualified for being nominated as a member if he has been convicted of any offence involving moral turpitude or adjudged as a bankrupt or insolvent or is an uncertificated bankrupt or undercharged insolvent.
5. Functions of the Committee
Subject to the provision of this Act and rules may there under the functions of the Committee shall be-
to suggest the State Government on all matters relating to production, rearing, stocking, marketing, transport, import and export of fish seed and its monitoring throughout the State;
to support formation of fish seed producers association in the districts or such other levels to encourage competitiveness in production, marketing etc. of quality fish seed and facilitated internal monitoring system;
to design formats on all related matter for submission of reports by the Districts Fishery Development Officer (DFDO) and plan the compilation guidelines;
to collect all related reports from the District Fisery Development Officer (DFDO) relating to their districts in the first week of April every year in respect of the preceding year;
to submit annual report to the State Govt. in the month of April every year for the preceding year in the format containing such particulars as may be prescribed.
to suggest such other matters as may be required for carrying out the purpose of this Act and to perform any other functions which is supplemental, incidental or consequential to the aforesaid functions;
6. Prohibition for production, marketing, sale, supply etc. of fish seed without Registration and Licence.
1. No person, society, association, farm or body of persons shall carry on production, marketing, sale, storing, supply, export or import of fish seed of the species as provided in the schedule I without first being registered with the District Fishery Development Officer (DFDO) or any other officer authorised in this behalf by the State Govt. under section 7 and obtaining a licence therefor.
2. The form for applications for registration and licence shall be such as may be prescribed.
7. Procedure for registration and issuing Licence
1. Any person, society, association, farm or body or persons, desirous of carrying out production, marketing, sale, storing, export or import of fish seed shall apply before the 31st day of January every year in the prescribed form before the District Fishery Development Officer or any other officers authorised by the State Govt. in this behalf for registration and obtaining a Licence as a Fish Seed Grower, Producer, Seller, Stockiest, Exporter or Importer as the case may be.
2. On receipt of the application, the District Fishery Development Officer or any other officer authorised in this behalf, shall make such inquiry as to the infrastructure available with the applicant, the purpose, the financial capability and other relevant factors and thereafter register and issue a Licence to the applicant on or before 28th Feb. every year on payment of such fees as may be prescribed or refuse to register and issue a Licence after recording reasons in writing, if he is not satisfied with the infrastructure available with the applicant or financial capability or other relevant factors of the application required for the purpose which shall be communicated to the applicant.
3. Any applicant agreed by the decision of the District Fishery Development Officer refusing to register and issue a Licence may within 15 days from the date of communication of such order shall prefer and appeal before the Zonal Deputy Director of Fisheries who shall dispose of the appeal within 15 days from the date of receipt and his decision thereon shall be final.
4. Any person, society association, fund etc. to whom a licence has been issued shall be called to attend a training course to be organised by the Fishery Department within 30th day of April every year, failing to undergo and complete the said training as and when called, the registration and licence granted to the applicant shall be liable to be cancelled;
Provided that those persons, societies, farms etc. who have already undergone the said training need not be required to attend this training course.
5. In case of society, association, farm or body of persons who have been called for training course may depute any of their office bearer or other authorised representatives to undergo the training course.
6. All existing fish seed producer, grower, seller, stockiest, exporter, importer etc. shall apply for registration and licence under this section to the District Fishery Development Officer within 3 months from the date of commencement of this Act. The District Fishery Development Officer may register and grant a Licence to the applicant provided he is satisfied as to the criteria as laid down under sub-section (2), failing to apply and obtain registration and Licence under this subsection shall entail the existing fish seed producer, grower, seller, stockiest, exporter, importer etc. to discontinue the production, growing, selling, stocking, exporting or importing of fish seed forthwith.
8. Renewal of Registration and Licence
1. The registration made and licence issued under Section 7 shall be valid for a period of 1 year from the date of such registration and issue of Licence.
2. The registration and licence may be renewed by the District Fishery Development Officer for a further period of 1 year at a time on receipt of application for renewal and on payment of such fees as may be prescribed and if the requisite provisions as laid down in this Act are fulfilled.
3. The District Fishery Develpment Officer may refuse to renew the registration and licence, for reasons to be recorded in writing, if he is satisfied that the fish seed producer has fail to comply with the provisions of the act and the conditions as laid down in the licence, giving him a reasonable opportunity of being heard.
4. Any fish seed producer agreed by the order of the District Fishery Development Officer may, within 15 days from the date of such refusal, preferred and appeal to the Zonal Deputy Director of Fisheries who shall dispose of the appeal within 15 days from the date of filling and which decision thereon shall be final.
9. Cancellation of Registration and Revocation of Licence
1. The District Fishery Development Officer or any other officer authorised by the State Govt. under section 7, may cancel the registration and revoke the licence granted to any person, society, association, farm or body of person if the registration and licence has been obtained by the holder thereof by misrepresentation of facts and has failed to comply with the conditions subject to which the registration and licence have been issued or has contravened the provisions of this Act and the rules framed there under, which are required to be compiled with by the holder of the registration and licence, by giving him a reasonable opportunity of being heard.
2 . Any person, society, association, farm or body or persons aggrieved by the cancellation of registration and revocation of licence may, within 15 days from the date of communication of such order, preferred and appeal to the Zonal Deputy Director of Fisheries who shall dispose of the application within 15 days of failing of the appeal and his decision thereon shall be final.
10. Establishment of Brood Fish Bank and Seed Bank and Maintenance of Stock
1. The State Govt. shall establish at least one Brood Fish Bank and Seed Bank in each fishery Zone in the Govt. fish and fish seed production farms available within the zone for rearing of breeders of standard endemic species exclusively from wild collected spawn and to supply quality fish seed to fish seed producers for raising quality brood fish for subsequent production of quality fish seed and shall notify quality of bood fish and seed from time to time for compliance by seed producers.
2. Cross breeding design of different hatchery stocks of each exotic species shall be prepared and practiced in the Brood Fish Bank for maintenance of genetic diversity of exotic and improved endemic species. The Brood Fish Bank shall produce fingerlings from a large number of breeders at a time to ensure good genetic diversity, healthy breeders andquality seed.
3. No person, association, farm or body of persons shall collect spawn from any natural source except by the Brood Fish Bank and Seed Bank established under Sub-section (1);
Provided that District Fishery Development Officer may accord permission for collection of spawn from natural source to any university or Research Institute for the purpose of scientific research etc. and the said permission shall be limited to that purpose only.
4. The Brood Fish Bank and Seed Bank may either distribute to other hatcheries or after initial rearing distribute either as fry or fingerling.
5. The wild origin of the spawn shall be certified by the concerned District Fishery Development Officer.
11. Maintenance of Brood Fish Bank and Seed Bank
In order to maintain quality production of brood fish, the Brood Fish Bank and Seed Bank as well as the fish seed producers shall maintain the following standards, namely:
i. for production of brood fish during breeding operations exotic and wild or improved endemic species, equal numbers of males and females should be used for reproduction so as to facilitate one male fertilizer eggs from one female and the male once used shall not be used again to fertilize eggs of another female during the same breeding season.
ii. brood fish candidates of exotic species should be produced only in the Brood Fish Bank and Seed Bank established under section (9), the spawn produced for brood stock rearing should be originated from a minimum of 50 numbers of parents (25+25) to avoid inbreeding.
iii. in no circumstance other than Brood Fish Bank and Seed Bank is allowed to produce brood fish in order to avoid Negative Selection, inbreeding depression, genetic drift and genetic introgression of reproduced species.
iv. origin and age of brood stock shall be recorded and maintained in a stock register in each hatchery.
v. the Brood Fish Bank and Seed Bank as well as the fish seed producers shall use the spawn measuring Cup as standardize by the Indian Council of Agricultural Research (ICAR)
vi. brood Fish weight shall not be less than 3 kg. In case of catla, silver carps and grass carps; 1.5 Kg. In case Rohu and Mrigal (Mirka), 1 Kg. in case of Common Carps and 0.5 Kg. in case of Kuri.
vii. at least 30% of brood fish stock shall be replaced every year by the Brood Fish Bank and Seed Bank as well as by the fish seed producers.
viii. propagation of exotic fish species, such as Clarias gariepinus (Thailand Magur) Orcochromis sp. (Tilapia), Aristichthys nobilis (Bighead carp) are completely banned for breeding for the time being;
Provided that the State Govt. may, from time to time, specify, by notification in the Official Gazette, the name of species breeding of which shall be banned for the interest of protection of the endemic species, as may be deemed necessary.
Species of fish to be covered under this Act.
1. On the date of commencement of this Act the species of fish as enumerative in the schedule-I shall be come under the purview of this Act.
2. The State Government may, by notification in the official gazette, amend, vary, alter, add to, modify or omit any species of fish from schedule-I and thereupon said schedule shall be deemed to have been amended, varied, altered or modified accordingly.
13. Regulation on Seed sale
1. The State Govt. may issue guidelines, in consultation with the committee from time to time and in conformity with the provisions of this Act, on production, growing, sale, stock, export, import or other matters as may be considered necessary and the said guidelines shall be binding on all the fish seed grower, producer, seller, stockiest, exporter or importer, as the case may be.
2. The Fish Seed importer shall take all necessary steps to treat the fish seed with disinfectants in accordance with the norms laid down from time to time by the Indian Council of Agricultural Research to avoid spread of diseases if any as quarantee measure, prior to marketing.
3. No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale offering to sale, bartering or otherwise supplying any fish seed of any variety unlessi.
Such fish seed are produced or raised by registered producer or grower:
ii. Such fish seed is strong, healthy and disease free:
iii. Such fish seed transported in well aerated containers without over stocking in packages: and
iv. Such fish seed is duly certified by the Certification Officer empowered under section-14:
v. The fish seed producer and seller use the spawn measuring cup as standardized by the Indian Council of Agricultural Research.
14. Fish Seed Certification
1. Every fish seed producer, fish seed grower and fish seed importer, shall apply in the prescribed form and obtain a Fish Seed Certificate from the officer mentioned under sub-section (2) in the form as may be prescribed, before sale, marketing, transport and export of fish seed.
2. The District Fishery Development Officer or any other officers authorised by the State Govt. shall be authorised officer for certification of fish seed.
3. The District Fishery Development Officer or any other officer authorised by the State Govt. under sub-section (2) before issuing Fish Seed Certificate shall make an inspection and conduct such other inquiry as may be considered necessary as to the health of the fish seed taking into consideration of the desired factors as provided in Schedule
II. The Fish Seed Certificate shall be in such form, as may be prescribed.
The District Fishery Development Officer or any other officers authorised under sub-section (2) may refuse to issue Fish Seed Certificate unless the condition of health of the Fish Seed do not conform to the desired factors as provided in Scheduled II, for reasons to be recorded in writing.
15. Fish Seed Regulation
The istrict Fishery Development officer or any other officers authorised by the State Govt. in this behalf shall be the Fish Seed Regulator for the purpose of this Act and shall exercise the following functions namely:
i. to inspect and take sample of fish seed of any variety from any person producing, storing or selling such seed to a purchaser or any other person.
ii. to exercise such functions in respect of entry, search and seizure as has been entrusted to him as such officers in section 16.
iii. To examine any record, register, document or any other materials, objects found in any place and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence.
iv. to furnish monthly report to the respective Zonal Deputy Director of Fisheries in respect such matters as may be prescribed.
v. to exercise such other powers as may be necessary for carrying out the purpose of this Act and rules made there under.
16. Power of entry, Search, arrest and Detention
Notwithstanding anything contained in any other law for the time being in force, any officer of the Fishery Department not below the rank of FisheryExtension Officer, if necessary with assistance of police or Civil Administration or any Police Officer, not below the rank of a sub-inspector in the absence of a regular sub-inspector may, or any Asstt. Sub-inspector in the absence of a regular sub-inspector may, if he has reasonable grounds for believing that any person, association, farm or group of persons have committed an offence under this Act:
require any such person etc to produce for inspection any fish seed, brood fish, container, article, appliance, tool, vehicle, boat, steamer, vessel, carrier and any other materials in his possession and books, licence and records which are required to be maintained by him under the provisions of this Act.
enter at all reasonable time any place, premises, vehicles, vessel, carrier etc. used for suspected to be used for production store sale, export, import or transportation etc. of fish seed for inspection or otherwise.
stop any vehicle, vessel, boat, steamer or any other carrier for the purpose of conducting search of enquiry.
seize any fish seed, brood fish container, vehicle, vessel, boat, steamer, carrier article, appliance, tools or any other things which are used for committing any offences under this Act and unless he is satisfied that such person or persons responsible for commission of such offence shall appear and answer any charge which may be preferred against him, arrest him without warrant.
prepare a list of seizure of the fish seed, brood fish, articles, vehicles, vessels, or any other things seized under clause (d) in presence of at least two witness of the locality which shall also be signed by the person from whom the articles, things, vessels, vehicles, fish seed, brood fish etc. have been seized and by the officer concerned and deliver a copy of the seizure list so prepared to the person concerned.
may release the seized materials and things on the execution by the owner thereof a Bond for the production of the seized article so released, if and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made;
Provided that the stock of fish seed or brood fish so seized shall not be disposed of by the owner thereof within 30 days from the date of seizure and after the expiry of 30 days the said stock may be disposed of by the owner thereof with due permission from the Magistrate having jurisdiction to try the offence, showing the reasonable grounds to the satisfaction of the Magistrate for its disposal.
release the person arrested under clause (d) on the execution by him of a Bond of any amount which shall not exceed twenty thousand rupees with a surety of the like amount for ensuring his appearance and answering the charge preferred against him.
forward a copy of each of the seizure list, release of seize articles, arrest and release order of the person concerned along with a copy of Bond and Surety obtained in respect of release of the arrested person to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
17. Offence to be Cognizable and bailable
The offences under this Act shall be cognizable and bailable within the meaning of the Code of Criminal procedure, 1973. (Act 11 of 1974)
18. Cognizance of Offence
No court other than Judicial Magistrate of Offences the First Class shall take cognizance of any offence under this Act except on the complaint made by any officer of the Fishery Department, not below the rank of a Fishery Extension Officer or a Police Officer not below the rank of sub-inspector.
19. Offence to be tried summarily
The offence committed under this Act shall be tried summarily under the provisions of the Code of Criminal Procedure, 1973. (Act II of 1974)
If any person contravenes any provision of this Act or rules made there under or prevents any officer from exercising any power conferred on him under this Act, he shall be punished with a fine which may extend to Rupees three thousand, if the offence is committed for the first time and in the event of commission of the second and subsequent offence under this Act, he shall be punished with imprisonment of either description for a term which may extend to six months or fine up to Rupees five thousand or with both.
21. Protection of Action taken in Good faith
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee of the State Government for anything which is in good faith done or intended to be done under this Act.
22. Officers to be public servants
Every officer exercising any of the powers conferred by this Act shall be deemed to be public servant within the meaning of section 21 of Indian Penal Code (Central Act 45 of 1860.)
23. Declaration of Mini sanctuary
1. Within three months from the date of commencement of this Act the State Government shall, by notification in the official Gazette, declare such number of close water bodies, where upon the ownership right belong to the State Government, as Mini Sanctuaries containing an area of at least five thousand square meter for each twenty hectare water surface under culture based management to ensure the survival of breeding population of wild variety or non stock species of fish wherein harvesting may be done in every second year with exception of hook and line fishing with live fish bait to prevent damage of small fish by predatory fish.
2. Before declaring any Mini Sanctuary under sub section (1), the State Govt. shall take into consideration the geographical, ecological, geomorphologic, floral, faunal or zoological associations, importance or requirements as may be necessary for declaring the said water bodies as Mini hatchery.
24. Removal of Difficulties
If any difficulty arises in giving affect to any of the provisions of this Act the State Govt. may, by order not inconsistent with the provisions of this Act, remove the difficulties.
25. Power of the State Govt. to Make rules
1. The State Govt. may by notification in the official gazette make rules for carrying out the purpose of this Act.
2. In particular and without prejudice to the generality of the foregoing power sub-rules may provide for all or any of the following matters, namely
Procedure for transaction of business by the committee at its meetingunder section 3(3)
Format for submission of annual report by the committee under section 5 (e).
Honorarium and allowances and other conditions of service of the nominated members of the committee under section 4(2).
Form for application for registration and licence under section 6(2).
Fees for registration and licence under 8(2).
Form for application for Fish Seed Certification and form for Fish Seed under section 14(1)
Matters on which monthly report to be furnished by Fish Seed Regulator under Section 15(iv)
3. All rules made by the State Govt. under this Act shall, as soon as may be after they are made, be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more session, and shall, unless some later date is appointed, take effect from the date of their publication in the official gazette subject to such modification or annulments as the Assam Legislative Assembly may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there under.
SCHEDULE-I (See Section 6(1))
List of Fishes to be covered by "ASSAM FISH SEED ACT, 2004"
SCHEDULE-II (See Section 14(3)
DESIRED FACTORS FOR SELECTING HEALTHY FISH SEED
Commissioner & Secretary, Govt. of Assam
|Assam State Acts|