AN ACT to provide for the establishment of a Coastal Aquaculture Authority for regulating the activities connected with coastal aquaculture in the coastal areas and for matters connected therewith or incidental thereto.
General Powers of Central Government
The Central Government shall take all measures as it deems necessary or expedient for the regulation of coastal aquaculture by prescribing guidelines, to ensure that coastal aquaculture does not cause any detriment to the coastal environment and in regulating the coastal aquaculture activities to protect the livelihood of various sections of the people living in the coastal areas.
The Coastal Aquaculture Authority
- With effect of this Act an Authority to be called the Coastal Aquaculture Authority shall be established.
- The Authority shall consist of the following members who shall be appointed by the Central Government, namely:-
- the Chairperson who is, or has been, a Judge of a High Court.
- one member each who is an expert in the field of coastal aquaculture and coastal ecology.
- one member who is an expert in the field of environment protection or pollution control nominated by the Ministry of Environment and Forests of the Central Government.
- one member each to represent the Ministry of Agriculture and Ministry of Commerce of the Central Government.
- four members to represent the coastal States on rotation basis.
- one member as a secretary.
- The Authority shall meet at such times and observe rules of procedure in regard to the transaction of business.
- The Authority may if it considers necessary, appoints any person as an adviser or consultant.
- All orders, decisions and other instruments of the Authority shall be authenticated under the signature of the Chairperson.
Powers and Functions of Authority
The Authority shall exercise the following powers and perform the following functions, namely:-
- to make regulations for the construction and operation of aquaculture farms within the coastal areas.
- to inspect coastal aquaculture farms with a view to ascertaining their environmental impact caused by coastal aquaculture.
- to register coastal aquaculture farms.
- to order removal or demolition of any coastal aquaculture farms which is causing pollution after hearing the occupier of the farm.
- to perform such other functions as may be prescribed.
- No person shall carry on, coastal aquaculture in coastal area unless he has registered his farm with the Authority.
- The registration made
- shall be valid for a period of five years.
- may be renewed from time to time for a like period.
- shall be in a form and shall be subject to such conditions as may be specified by the regulations.
- If any person carries on coastal aquaculture without registration, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with both.
Finance, Accounts and Audit
- The Central Government may, after due appropriation pay to the Authority in each financial year such sums as considered necessary for the performance of functions of the Authority under this Act.
- The Authority shall have its own fund and all sums be paid to it by the Central Government and all the receipts of the Authority shall be credited to the fund and all payments by the Authority shall be made there from.
- The Authority shall prepare, a budget, in respect of the financial year next ensuing, showing the estimated receipts and expenditure and copies.
- The Authority shall also prepare, an annual report giving a true and full account of its activities during the previous year.
- It also maintains books of account and other books in relation to its accounts in consultation with the Comptroller and Auditor-General of India.
Protection of Action in Good Faith.
No suit, prosecution or other legal proceeding shall lie against the Central Government or the Authority or the Chairperson and other members of the Authority or the authority appointed by the Authority or any person authorized by the Authority or any officer authorized by the Chairperson for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation or order made there under.