Kerala Fish Seed Ordinance, 2014 1. Short title and commencement. 2. Definitions. 3. Establishment of State Fish Seed Centre. 4. Duties of the State Fish Seed Centre. 5. Constitution of the State Fish Seed Centre. 6. Functions of the State Fish Seed Centre. 7. Establishment of Regional Fish Seed Centres. 8. Duties of the Regional Fish Seed Centre. 9. Constitution of the Regional Fish Seed Centre. 10. Function of the Regional Fish Seed Centre. 11. Establishment and Functions of Fish Seed Laboratories. 12. Power to notify kind or variety of fish seed. 13. Power to specify size of the fish seed. 14. Regulation of fish seed rearing, fish culture and sale of notified fish seed. 15. Registration of Fish Seed Farm and Hatchery. 16. Grant of licence for conducting fish seed rearing, fish culture, marketing. export or import of fish seed. 17. Renewal of Registration. 18. Appointment of Fish Seed Inspectors. 19. Powers of Fish Seed Inspector. 20. Appointment of Fish Seed Analysts. 21. Grant of certificate by State Fish Seed Centre. 22. Revocation of Certificate. 23. Procedure to be followed by Fish Seed Inspector. 24. Report of Fish Seed Analyst. 25. Restriction on export or import of fish seed of notified kind or variety. 26. Recognition of Seed Certification Agencies of outside State. 27. Appointment of Authorised Officer. 28. Appointment of Adjudicating Officer. 29. Appointment of Appellate Authority. 30. Adjudication. 31. Penalty. 32. Appeal. 33. Powers of Adjudicating Officers and Appellate Authorities. 34. Forfeiture of Fish Seed. 35. Offences by Companies. 36. Protection of action taken in good faith. 37. Officers to be Public Servants. 38. Power to make rules. 39. Power to remove difficulties. 40. Amendment of Act 10 of 2010. 41. Repeal and saving.

The Kerala Fish Seed Ordinance, 2014

(Ordinance No. 13 of 2014)

ker009

Promulgated by the Governor of Kerala in the Sixty-fifth Year of the Republic of India.

An Ordinance to provide for the regulation of the quality in production, marketing and stocking of fish seed and for matters connected therewith or incidental thereto.

Preamble. - Whereas, the Kerala Fish Seed Ordinance, 2014 (9 of 2014) was promulgated by the Governor of Kerala on the 13th day of February, 2014;

And Whereas, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 9th day of June, 2014 and ended on the 17th day of July, 2014;

And Whereas, under sub-clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance will cease to operate on the 21st day of July, 2014;

And Whereas, difficulties will arise if the provisions of the said Ordinance are not kept alive;

And Whereas, the Legislative Assembly of the State of Kerala is not in session arid the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, Therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

CHAPTER I

Preliminary

Short title and commencement.- (1) This Ordinance may be called the Kerala Fish Seed Ordinance, 2014.

(2) It shall be deemed to have come into force on the 13th day of February, 2014.

Definitions.- In this Ordinance, unless the context otherwise requires,-

(a) "Adjudicating Officer" means an officer authorised under section 28;

(b) "Appellate Authority" means an officer authorised under section 29;

(d) "container" means a polyethylene bag, earthen pot, box, bottle, casket, tin, barrel, case, receptacle, wrapper or other means by which fish seeds are carried;

(e) "export" means taking fish seed from Kerala to other States or to outside India;

(f) "fish culture" means culture of fish or prawn or shrimp or any other aquatic animals and aquatic plants in fresh waters, brackish waters or marine waters;

(g) "fish farmer" means an individual or a group of individuals or a firm or an agency or a Company or any other juristic person owning or having taken on lease a land or a water body and having taken up for fish seed rearing or fish culture in ponds or in confined waters or in structures erected in them or in any other manner;

(h) "Fisherman" means a person who is engaged mainly in fishing activity for livelihood;

(i) "fish seed" means larval stages or juveniles or any other classes of seeds of aquatic life, including plant, plant origin, used for stocking in confined or open waters, such as ponds, tanks, lakes, reservoirs, rivers, pools, check dams and pens or cages or any other structures erected in water and includes,-

(i) seeds of cultivable aquatic animals such as fin fish including ornamental fish reared in fresh water, brackish water and marine water and in aquaria;

(ii) seeds of shell fish, such as prawns, shrimps, lobsters, crab, gastropods, bivalves and such other crustaceans and molluscs;

(iii) early stages of fish and larval stages of prawn, shrimp, lobsters, crabs, post larvae, zoea, mysis, megalopa and larval stages of molluscs, veliger and spat;

(j) "Fish Seed Analysis" means the procedures of Fish Seed Analysis to verify that the seeds are free from pathogen and diseases and meet the required standards of quality and size;

(k) "Fish Seed Analyst" means a Fish Seed Analyst appointed under section 20;

(l) "Fish Seed Farm" means a place with water body or structures used for fish seed culture;

(m) "Fish Seed Inspector" means a Fish Seed Inspector appointed under section 18;

(n) "Fish Seed Laboratory" means the Fish Seed Laboratory established under section 11;

(o) "fish seed rearing" means rearing of seeds of fin fishes or shell fishes or any other aquatic animals and aquatic plants in fresh waters or brackish waters or marine waters;

(p) "Government" means the Government of Kerala;

(q) "hatchery" means a place where brooders are maintained and used for production of fish seed and includes a placet where rearing of the seed for supply to fish farmer and this includes backyard hatchery or part of the farm including rearing in nurseries;

(r) "import" means bringing fish seed into Kerala from other States or from outside India;

(s) "kind" means one or more related species or such species of aquatic animals or aquatic plants each individually or collectively are known by one common name such as carps, shrimps, prawns, crabs, mussels, lobsters, sea weeds, aquarium plants;

(t) "marketing" means the business of selling, offering to sell, bartering or otherwise supply or keeping for sale of any fish seed;

(u) "notification" means a notification published in the official Gazette;

(v) "notified land or variety" in relation to any fish seed means any kind or variety thereof notified under section 12;

(w) "prescribed" means prescribed by rules made under this Ordinance;

(x) "quarantine" means a place of isolation for the purpose of observing animals and plants suspected of harbouring a pathogen prior to the introduction of such species to the new environment or state;

(y) "Regional Fish Seed Centre" means the Regional Fish Seed Centres established under section 7;

(z) "State Fish Seed Centre" means the State Fish Seed Centre established under section 3;

(aa) "Sub-Centres" means the Sub-Centres established under sub-section (1) of section 10;

(ab) "variety" means a sub-division of a kind identifiable by morphology, growth, yield, seed, reproduction or other characteristics.

CHAPTER II

Establishment of Fish Seed Centres and Laboratories

Establishment of State Fish Seed Centre.- The Government may, as soon as may be after the commencement of this Ordinance, by notification establish a centre called the State Fish Seed Centre.
Duties of the State Fish Seed Centre.- (1) The State Fish Seed Centre shall have the following duties, namely:-

(a) to make suggestions to the Government on all matters relating to production, rearing, stocking, marketing, transport, import and export of fish seed and its monitoring throughout the State;

(b) to carry out such functions as to the registration of the Fish Seed Farm and hatcheries and seed certification in the manner as may be prescribed;

(d) to make such other suggestions as may be required for carrying out the provisions of this Ordinance and to perform any other functions which is supplemental, incidental or consequential to the aforesaid functions,

Constitution of the State Fish Seed Centre.- (1) The State Fish Seed Centre shall consist of the following members, namely:-

(i) An expert in the subject to be nominated by the Government - Chairperson

(ii) Director of Fisheries - Member Ex-officio

(iii) one person representing fish seed farmers to be nominated by the Government - Member

(iv) one person representing hatchery operators to be nominated by the Government - Member

(v) one person who is an expert in inland fisheries to be nominated by the Government - Member

(vi) one person who is an expert in marine fisheries to be nominated by the Government - Member

(vii) Executive Director, Agency for Development of Aquaculture, Kerala - Member

(viii) The Government may appoint an officer to be the Member Secretary of the State Fish Seed Centre from the Department of Fisheries having such qualification as may be prescribed.

(2) The members of the State Fish Seed Centre shall be entitled to hold office for a period of three years from the date of assumption of charge and shall be eligible for re-nomination not exceeding two consecutive terms:

Provided that a member nominated by the Government shall hold office, during the pleasure of the Government

(3) The State Fish Seed Centre may subject to the previous approval of the Government, make bye-laws with regard to the following matters, namely:-

(a) fixing the quorum of its meeting;

(b) deciding the business to be transacted by the State Fish Seed Centre.

Functions of the State Fish Seed Centre.- (1) The State Fish Seed Centre may, with the previous approval of the Government, issue directions for the regulation of fish feed for fish seed rearing and fish culture.

(2) The State Fish Seed Centre may identify the public water bodies, ponds etc. for conducting fish seed rearing and fish culture and with the previous approval of the Government and declare the water bodies or ponds as fish seed farm for carrying out the fish seed rearing and fish culture.

(3) The employees of the State Fish Seed Centre shall be appointed in the manner as may be prescribed.

(4) In the discharge of their duties, the Member Secretary and other employees of the State Fish Seed Centre shall be subject to the administrative control of the Chairperson.

Establishment of Regional Fish Seed Centres.- The Government may, as soon as may be after the commencement of the Ordinance, by notification establish Regional Fish Seed Centres.
Duties of the Regional Fish Seed Centre.- The Regional Fish Seed Centres shall have the following duties, namely:-

(a) to advise the State Fish Seed Centre on all matters relating to registration and certification of fish seed farm and hatcheries as may be prescribed;

(b) to provide licences for the fish seed rearing and fish culture, fish farms and hatcheries as may be prescribed;

Constitution of the Regional Fish Seed Centre.- (1) The Regional Fish Seed Centres shall consist of the following members, namely:-

(i) The District Collector of the district where Chairperson the Joint Director of Fisheries of the zone concerned is stationed - Chairperson

(ii) The Joint Director of Fisheries of the Zone concerned - Member Secretary

(iii) Deputy Directors of all the districts Members included in the concerned region - Ex-Officio

(iv) A person from the representatives of hatchery or fish seed farm to be nominated by the Government - Member

(v) A scientist or an expert in the subject to be nominated by the Government - Member

(2) Members of the Regional Fish Seed Centres are entitled to hold office for a period of three years from tire date of assumption of charge:

Provided that a person nominated by the Government shall hold office during the pleasure of the Government.

Function of the Regional Fish Seed Centre.- (1) The Regional Fish Seed Centre may with the previous approval of the Government, if necessary, appoint as many Sub-centres with such members as may be prescribed for the purpose of discharging such functions as may be delegated to them by the Regional Fish Seed Centre.

(2) The Regional Fish Seed Centres may, subject to the previous approval of the State Fish Seed Centre, make bye-laws for the Regional Fish Seed Centres for the purpose of regulating its own procedure and the procedure of any Sub-centres thereof and the conduct of all business to be transacted by the Regional Fish Seed Centres or as the case may be, the Sub-Centres.

(3) No proceedings of the Regional Fish Seed Centres or any Sub-Centres thereof shall become invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof.

Establishment and Functions of Fish Seed Laboratories.- (1) The Government may, by notification, establish three or more regional level fish seed laboratories or declare any existing fish seed laboratory as a fish seed laboratory where analysis of seeds of any notified kind or variety shall be carried out by Fish Seed Analysts under this Ordinance in the prescribed manner and to carry out any other functions entrusted to it by or under this Ordinance or the rales made thereunder.

(2) The laboratories referred to m sub-section (1) shall also act as nodal labs for control and co-ordination of laboratories established in the private sector and public sector.

Power to notify kind or variety of fish seed.- (1) If the Government, after consultation with the State Fish Seed Centre, is of opinion that it is necessary or expedient to regulate the quality of fish seed of any kind or variety to be sold for purposes of fish seed rearing or fish culture, it may, by notification declare such kind or variety to be a notified kind or variety for the purposes of this Ordinance and different kinds or varieties may be notified for different areas.

(2) Government may, by notification, ban or prohibit the collection or sale of fish seed from natural sources for a specific period for any reason as a conservation measure.

Power to specify size of the fish seed.- The Government may, in consultation with the State Fish Seed Centre, by notification, specify,-

(a) the minimum size with respect to any fish seed of any notified kind or variety;

(b) the mark or label to indicate that fish seed conforms to the size, source of seed and free from disease and pathogen, infections and the particulars as may be specified from time 'to time by Government by which such mark or label may contain.

CHAPTER III

Registration and Licensing

Regulation of fish seed rearing, fish culture and sale of notified fish seed.- No person, association, agency, firm or body of persons shall, himself or by any other person on his behalf, carry on fish seed rearing or fish culture in any fish farm or hatchery or do marketing, export, import of any fish seed of any notified kind or variety, unless,-

(a) a registration certificate for the fish seed farm or hatchery has been obtained from the State Fish Seed Centre;

(b) a licence for fish seed rearing and fish culture and marketing of fish seed has been obtained from the Regional Fish Seed Centre in the manner as may be prescribed.

Registration of Fish Seed Farm and Hatchery.- (1) Application for the certificate of registration of fish seed rearing, fish culture, fish farm or hatchery or marketing, export or import of any fish seed shall be submitted in such form and shall contain such particulars as may be prescribed before the State Fish Seed Centre either directly or through the Regional or Sub-Centres within two months before the beginning of every financial year.

(2) The certificate of registration shall continue to be in force for five years from the date of issue unless it is otherwise cancelled:

Provided that no such cancellation shall be made except after giving to the holder of the certificate of registration a reasonable opportunity of being heard.

(3) Where the State Fish Seed Centre considers it necessary, the owner or lessee of the fish seed farm or hatchery shall be required to exhibit the certificate of registration clearly visible at the site of fish seed farm or hatchery in an open area.

Grant of licence for conducting fish seed rearing, fish culture, marketing. export or import of fish seed.- (1) Application for the annual license rearing, fish cultures marketing, export or import of any fish seed shall be presented before the Regional Fish Seed Centre one month before the beginning of every financial year, in such manner as may be prescribed.

(2) Application forms shall be obtained from the Regional Fish Seed Centre on payment of fee as may be prescribed or may be downloaded from the website of the State Fish Seed Centre.

(3) The Regional Fish Seed Centre on receipt of such application accompanied by such fees as may be prescribed may conduct enquiry and verification by itself or through the Fisheries Extension Officers of Fish Farmer's Development Agency.

(4) The Regional Fish Seed Centres shall make necessary enquiries regarding the details furnished in the application, type, kind, class and category of fish seed to be opted and if it is satisfied that licence is to be given, prepare a report regarding the same and a draft license in triplicate on realization of the licence fee as may be prescribed.

(5) The Fisheries Development Officer, on receipt of original and duplicate copies of the licence from the Regional Fish Seed Centre, shall issue the original licence to the parties concerned after preserving the duplicate in his office and enter the details m the register kept in his office as may be prescribed.

(6) The licence shall continue to be in force for one financial year from the date of its issue unless it is otherwise cancelled:

Provided that no such cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.

Renewal of Registration.- (1) Application for the renewal of registration of fish seed rearing, fish culture, fish farm, hatchery, marketing, export and import of any fish seed shall be presented in the form as may be prescribed before the State Fish Seed Centre before two months of the expiry of such registration.

(2) Applications for renewal of registration shall be allowed for a further period of five years only.

(3) The State Fish Seed Centre on receipt of such application may hand over it to the Regional Fish Seed Centre for further enquiry and verification.

(4) The Regional Fish Seed Centre on receipt of these applications shall make enquiries directly or through the Fisheries Extension Officers of the Fish Farmer's Development Agency concerned regarding performance of previous years and if satisfied that the registration is to be renewed, prepare and forward a report as such or otherwise with reasons for the refusal to the State Fish Seed Centre.

(5) On receipt of the application together with the connected records, and the reports forwarded by the Regional Fish Seed Centre, the State Fish Seed Centre shall renew the licence after realizing the fee as may be prescribed or refuse to renew the registration and intimate the reason for the refusal in writing to the applicant within ten days after passing such orders.

(6) The State Fish Seed Centre shall enter the renewal details of such registration in the register kept in its office in such form as may be prescribed.

CHAPTER IV

Fish Seed Inspectors and Analysts

Appointment of Fish Seed Inspectors.- The Government may, by notification, appoint such persons as it thinks fit, having the prescribed qualifications, as Fish Seed Inspectors and define the areas within which they shall exercise jurisdiction.
Powers of Fish Seed Inspector.- (1) The Fish Seed Inspector may,-

(a) enter and search the premises of hatcheries and fish seed farms at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Ordinance has been or is being committed and order in writing to the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such fish seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the fish seed and restrict the stock of such fish seed from being sold;

(b) take samples of any fish seed of any notified kind or variety from,-

(i) any "hatchery" or "fish seed farm" or any person selling or offering to sell such fish seed; or

(ii) any person who is in the course of conveying or delivering or preparing to deliver such fish seed to a purchaser or a consignee; or

(iii) a purchaser or a consignee after delivery of such fish seed to him.

(d) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has any reason to believe that it may provide evidence of the commission of an offence punishable under this Ordinance; and

(e) exercise such other powers as may be necessary for carrying out the purposes of this Ordinance or the rules made thereunder.

(2) Where any sample of any fish seed of any notified kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate at which such fish seed is usually sold to the public, shall be paid on demand to the person from whom it is taken.

(3) The power conferred by this section includes power to break-open any container in which any fish seed of any notified kind or variety may be contained or to collect the fish seed from hatchery or pond where any such fish seed may be kept for sale:

Provided that, the power to collect the fish seed from hatchery or fish seed farm under sub-section (3) shall be exercise only if the owner or any other person in charge of the premises, present therein, refuses to allow collection of the fish seed from hatchery or fish seed farm on being called upon to do so.

(4) Where the Fish Seed Inspector takes any action under clause (a) of sub-section (1), he shall, as far as possible, call not less than two persons to be present at the place where such action is taken and take their signatures on the memorandum to be prepared in such form as may be prescribed.

(5) The Fish Seed Inspector shall report the matter to the Adjudicating Officer in writing in the manner as may be prescribed.

(6) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, so far as the case may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.

Appointment of Fish Seed Analysts.- The Government may, by notification appoint such persons as it thinks fit, having the prescribed qualifications, to be Fish Seed Analysts and define the areas within which they shall exercise jurisdiction.
Grant of certificate by State Fish Seed Centre.- (1) Any fish seed farm or hatchery or any person who export, import or market any fish seed of any notified kind or variety, may if he desires to have such fish seed certified by the State Fish Seed Centre, apply to the State Fish Seed Centre for grant of a certificate for the purpose.

(2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and shall be accompanied by such fee as may be prescribed by the Government from time to time.

(3) On receipt of any such application for the grant of a certificate through the Regional Fish Seed Centre, the State Fish Seed Centre may, after such enquiry as it thinks fit and after satisfying itself that the fish seed to which the application relates to conforms to the prescribed standards, grant a certificate in such form and on such conditions as may be prescribed:

Provided that such standards shall not be lower than the minimum limits of size, free from pathogen, disease, infections as specified for that fish seed.

Revocation of Certificate.- If the State Fish Seed Centre is satisfied, either on a reference made to it in this behalf or otherwise, that,-

(a) the certificate granted by it under section 14 has been obtained by misrepresentation as to an essential fact; or

(b) the holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Ordinance or the rules made thereunder, without prejudice to any other penalty to which the holder of the certificate may be liable under this Ordinance, the State Fish Seed Centre may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate.

Procedure to be followed by Fish Seed Inspector.- (1) Whenever a Fish Seed Inspector intends to take sample of any fish seed of any notified kind or variety for analysis, he shall,-

(a) give notice in writing, then and there, of such intention to the person from whom he intends to take sample;

(b) except in special cases provided by rules made under this Ordinance, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits.

(2) When samples of any fish seed of any notified kind or variety are taken under sub-section (1), the Fish Seed Inspector shall,-

(a) deliver one sample to the person from whom it has been taken;

(b) send in the prescribed manner another sample, for analysis to the Fish Seed Analyst for the area within which such sample has been taken;

(3) Where any fish from whom the samples have been taken refuses to accept one of the samples, the Fish Seed Inspector shall send intimation to the Fish Seed Analyst of such refusal and thereupon the Fish Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Fish Seed Inspector who shall retain it for production in case legal proceedings are taken.

(4) Where a Fish Seed Inspector takes any action under sub-section (1) of section 19,-

(a) he shall use all powers in ascertaining whether or not the seed contravenes any of the provisions of the Ordinance or the rules made thereunder and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or as the case may be, take such action as may be necessary for the return of the stock of the seed seized;

(b) if he seizes the stock of the seed, he shall, as soon as may be, inform the Adjudicating Officer and take its order as to the custody thereof;

(c) without prejudice to the institution of penalty under this Ordinance, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall on being satisfied that the defect has been so rectified, forthwith revoke the order passed under the said clause.

(5) Where a Fish Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (1) of section 19, he shall, as soon as may be, inform the Adjudicating Officer and take his orders as to the custody thereof,

Report of Fish Seed Analyst.- (1) The Fish Seed Analyst shall, as soon as may be after the receipt of the sample under clause (c) of sub-section (1) of section 19 analyse the sample at the Regional Fish Seed Laboratory and deliver, in such form as may be prescribed, one copy of the report of the result of the analysis to the Fish Seed Inspector and another copy thereof to the person from whom the sample has been taken.

(2) After the intimation of report under this Ordinance, the accused vendor or the complainant may on payment of the prescribed fee, make an application to the Adjudicating Officer for sending the sample to the Regional Fish Seed Laboratory for its report and on receipt of the application, the Adjudicating Officer shall first ascertain that the mark and the seal or fastening is intact and may then despatch the sample under its own seal to the Regional Fish Seed Laboratory which shall thereupon send its report to the Adjudicating Officer in the prescribed form within one week from the date of direction of the Adjudicating Officer, specifying the result of the analysis.

(3) The report sent by the Regional Fish Seed Laboratory under sub-section (2) shall supersede the report given by the Fish Seed Analyst under sub-section (1).

(4) Where the report sent by the Regional Fish Seed Laboratory under sub-section (2) is produced in any proceedings under the Ordinance, it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis.

Restriction on export or import of fish seed of notified kind or variety.- No person, agency, association or firm having registration and licence for export or import shall, for the purpose of rearing or culture or recreation export or import or cause to be exported or imported any fish seed of any notified kind or variety unless,-

(a) it conforms to the minimum size, free from pathogen, disease, infections specified for that fish seed under section 13; and

(b) its container bears, in the prescribed manner, the mark or label with the correct particulars thereof specified for that fish seed.

Recognition of Seed Certification Agencies of outside State.- The Government may, on the recommendation of the State Fish Seed Centre and, by notification, recognise any Fish Seed Certification Agency established in any State outside Kerala for the purposes of this Ordinance.
Appointment of Authorised Officer.- The Government shall, by notification, authorise the officers of the Fisheries Department not below the rank of Assistant Director as Authorised Officer and define the areas within which they shall exercise jurisdiction for die purposes of this Ordinance.
Appointment of Adjudicating Officer.- The Government shall, by notification, authorise the officers of the Fisheries Department not below the rank of Deputy Director of Fisheries as Adjudicating Officers and define the areas within which they shall exercise jurisdiction for the purposes of this Ordinance.
Appointment of Appellate Authority.- The Government may authorise the officers of the Fisheries Department not below the rank of Joint Director as Appellate Authority and define the areas within which they shall exercise jurisdiction for the purposes of this Ordinance.

CHAPTER V

Adjudication

Adjudication.- (1) Where any Authorised Officer has reason to believe that there is contravention of any of the provisions of this Ordinance or rules made thereunder or any order or any of the conditions of the registration or licence, he shall make a report to the Adjudicating Officer.

(2) The Adjudicating Officer on receipt of a report from the Authorised Officer under sub-section (1) or from the Fish Seed Inspector or from Fish Seed Analyst shall hold an enquiry into the matters mentioned in the report, in the prescribed manner, by giving all the parties concerned a reasonable opportunity of being heard.

Penalty.- (1) The Adjudicating Officer shall, after the enquiry under sub-section (2) of section 30, decide whether there is contravention of any of the provisions of this Ordinance or rules made thereunder or of any order issued thereunder or any of the conditions of the licence and any such person, on being found guilty by the Adjudicating Officer, shall be liable to such penalty not exceeding,-

(a) five thousand rupees, if the value of the fish seed involved is one thousand rupees or less;

(b) five times the value of the fish seed, if the value of the fish seed involved is more than one thousand rupees;

(c) in the event of second offence or such person having been previously fined for an offence under this section, impose a fine which shall not be less than ten thousand rupees and which may extend to twenty five thousand rupees;

(d) in the event of subsequent offence after second offence, if it is a hatchery or fish seed farm, agency, association, firm or company, blacklist the hatchery or fish seed farm, agency, association, firm or company in die manner as may be prescribed.

(2) In addition to any penalty that may be imposed under sub-section (1), the Adjudicating Officer may direct that the certificate of registration or the licence, any condition of which has been contravened shall be cancelled or revoked, as the case may be, or suspended for such period as the Adjudicating Officer deems fit.

CHAPTER VI

Appeal

Appeal.- (1) Any person aggrieved by a decision of the Regional Fish Seed Centre may within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to the State Fish Seed Centre.

(2) Any person aggrieved by a decision of the State Fish Seed Centre may within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to the Appellate Authority.

(3) Any person aggrieved by an order of Adjudicating Officer may within thirty days from the date on which the order is communicated to him and on payment of such fee as may be prescribed, prefer an appeal to the Appellate Authority:

Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) On receipt of an appeal under sub-section (2) or sub-section (3), the Appellate Authority shall, after giving an opportunity of being heard dispose of the appeal as expeditiously as possible.

(5) Every order passed by the State Fish Seed Centre on an appeal preferred to it and the orders passed by the Appellate Authority on an appeal preferred to them under this section, shall be final.

Powers of Adjudicating Officers and Appellate Authorities.- (1) The Adjudicating Officers and the Appellate Authorities shall, while holding an enquiry, under this Ordinance, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any document;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses.

(2) The Adjudicating Officers or the Appellate Authorities or the State Fish Seed Centre shall, while exercising any power under this Ordinance, be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Forfeiture of Fish Seed.- Where a person has been fined for an offence under this Ordinance or the rules made thereunder, the fish seed in respect of which the offence has been committed may be forfeited to the Government in the manner as may be prescribed.
Offences by Companies.- (1) Where an offence under this Ordinance has been committed by a company, agency, firm or association, every person who, at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, agency, firm or association, as well as the company, agency, firm or association 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 had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Ordinance has been committed by a company, agency, firm or association 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 Officer of the company, such Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. - For the purposes of this section,-

'Director in relation to a firm, means and included a partner in the firm.

Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Government or any officer or employee of the Government for anything which is in good faith done or intended to be done under this Ordinance or the rules made thereunder.
Officers to be Public Servants.- Any person acting under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Power to make rules.- (1) The Government may, by notification, make rales either prospectively or retrospectively for carrying out all or any of the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the functions of the members of State Fish Seed Centre and Regional Fish Seed Centres and the travelling and daily allowances payable to members of the Centres and members of any Sub-Centres;

(b) the functions of the Fish Seed Laboratory;

(d) the manner of appointment of the employees in the State Fish Seed Centre under sub-section (3) of section 6;

(e) the form of application for the grant of a licence, the particulars it may contain, the fees which should accompany it, the form of the licence and conditions subject to which the certificate may be granted and other matters under section 14;

(f) the form of application for the grant of a certificate of registration under section 15;

(g) the manner of issuing licence under section 16;

(h) the form of application for the grant of a renewal of registration, the particulars it may contain, the fees which should accompany it, the form of the licence and conditions subject to which the certificate may be granted and other matters under section 17;

(i) the manner in which samples may be taken by the Fish Seed Inspector or the Authorised Officer, the procedure for sending such samples to the Fish Seed Analyst or the Fish Seed Laboratory, the manner of analysing such samples, the form of report and other matters under section 19;

(j) the form of application for the grant of a certificate, the particulars it may contain, the fees which should accompany it, the form of the certificate and the conditions subject to which the certificate may be granted and other matters under section 21;

(k) requirements of the report of Fish Seed Analyst under section 24;

(l) the standards to which fish seeds should conform under section 25;

(m) the qualification and conditions of service of Fish Seed Analysts;

(n) manner of enquiry under section 30;

(o) the manner of imposing fine under section 31;

(p) the form and manner in which and the fee on payment of which an appeal may be preferred under section 32 and the procedure to be followed by the Appellate Authority in disposing of the appeal and other matters under section 32; and

(q) any other matter which is to be or may be prescribed.

(3) Every rule made under this Ordinance, shall, immediately after it is made, be laid down before the Legislative Assembly of the State, if it is in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or decides that the rule should not be made, the rule 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.

Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by an order published in the Gazette, make such provisions not inconsistent with the provisions of this Ordinance, as appear to them to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiration of three years from the date of commencement of this Ordinance.

(2) Every order issued under this section shall be laid before the Legislative Assembly.

Amendment of Act 10 of 2010.- Sections 8, 9 and 10 of the Kerala Inland Fisheries and Aquaculture Act, 2010 (10 of 2010) shall be omitted.
Repeal and saving.- (1) The Kerala Fish Seed Ordinance, 2014 (9 of 2014) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Ordinance.