ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY ACT, 2020

Act No. 29 of 2020

04th August, 2020

An act to establish andhra pradesh state aquaculture development authority (apsada) and to provide for matters connected therewith or incidental thereto.

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S.1 Short title, extent and Commencement

(1) This Act may be called the Andhra Pradesh State Aquaculture Development Authority Act, 2020.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

S.2 Declaration as to expediency of control by the State

(1) It is hereby declared that it is expedient in the public interest that the State should take under its control the aquaculture and aquaculture business operations.

(2) sub-section (1) excludes the environmental and other related aspects of aquaculture which were taken under the control of Coastal Aquaculture Authority as per the Coastal Aquaculture Authority Act, 2005 (Central Act No. 24 of 2005)

(3) This Act will be in conformity with the existing Central Acts and in case of any contraventions, the existing Central Acts will prevail over this Act.

S.3 Definitions

In this Act, unless the context otherwise requires,-

(1) "Act" means the Andhra Pradesh State Aquaculture Development Authority Act, 2020;
(2) "Aquaculture Business Operations" means all the operations/activities undertaken for carrying out Aquaculture business;
(3) "Aquaculture Business Operators" means any person/company/firm carrying out Aquaculture business operations;
(4) "Aquaculture Business" means production/manufacture/rendering , dealership/distribution, sale of aquaculture inputs, aquaculture equipment and aquaculture services, aquaculture harvest, aquaculture post-harvest operations and all other related activities;
(5) "Aquaculture Equipment" means devices, equipment, implements, tools etc including accessories (like aerators, air blowers, automatic feeders etc);
(6) "Aquaculture Farm" means any place with water holding facility to do aquaculture;
(7) "Aquaculture Farmers" means the person/firm/company

S.4 Establishment and constitution of the Authority

(1) With effect from such date as the Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for the purposes of this Act, an Authority to be called the Andhra Pradesh State Aquaculture Development Authority.

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with powers to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

(3) The Authority shall consist of -

(i) Chief Minister, Government of Andhra Pradesh, who shall be the Chairman;
(ii) Minister dealing with the Department of AHDDF, Government of Andhra Pradesh, who shall be the Vice- Chairman;
(iii) Any other person nominated by the Government, who shall be the Co-Vice Chairman;
(iv) Vice-Chairman, Agriculture Mission, Government of Andhra Pradesh-Member;
(v) One Member of Pa

S.5 Functions of the Authority

The Authority shall carry out the following functions:

(i) to develop aquaculture in the state of Andhra Pradesh, with a view to increasing production, productivity, sustainability and profitability;
(ii) to attract investments to promote aquaculture based establishments and industries;
(iii) to create new business avenues in the aquaculture sector;
(iv) to create a forum at the district/state level to resolve all aquaculture related issues;
(v) to promote innovative and advanced aquaculture technologies - pond/cage/pen/raft/culture/mariculture production systems, reservoir ranching, RAS, Biofloc etc.;
(vi) to monitor, regulate and promote the production, distribution and sales of all aquaculture inputs like seed, feed, feed supplements, aqua chemicals, aqua products, medicines, equipment and implements etc.;
(vii) to monitor, regulate and promote trade and export of aquaculture produce/seafood/value added products;

S.6 Powers of the Authority

The authority shall have the following powers:-

(i) initiate and conduct surveys and studies to ascertain the potential and problems in aquaculture of the State;
(ii) to enact & enforce Acts and to formulate & implement rules, regulations & policies;
(iii) issue licenses and endorse licenses for aquaculture and aquaculture business operations;
(iv) order to bring any service/product under its jurisdiction by means of framing regulations;
(v) with due consultation with stakeholders decide, declare and fix the rate for any aquaculture input, tools, equipment, service etc.;
(vi) with due consultation with stakeholders decide, declare and fix the rate for aquaculture produce/seafood/value added products etc.;
(vii) acquire and hold, take or give on lease, mortgage or hire, or sell or otherwise dispose of, any movable or immovable property;
(viii) establish new aquaculture projects/units/body/establishment/socie

S.7 Executive Committee

(1) Execution of various programmes under Authority shall be vested in an Executive Committee (hereinafter referred to as "the EC") consisting of:-

(i) Minister dealing with Department of AHDDF, Government of Andhra Pradesh, who shall be the Chairman;
(ii) Special Chief Secretary/Principal Secretary/Secretary of AHDDF Department, Government of Andhra Pradesh, who shall be the Vice-Chairman;
(iii) Chief Executive Officer, APSADA, who shall be the Member Secretary;
(iv) Commissioner, CADA, Government of Andhra Pradesh- Member;
(v) Director General, DCA, Government of Andhra Pradesh- Member;
(vi) Member Secretary, APPCB, Government of Andhra Pradesh-Member;
(vii) Additional Secretary of Finance, Government of Andhra Pradesh-Member;
(viii) Joint Director, MPEDA- Member;
(ix) DGM, NABARD-Member;
(x) Dean., Faculty of Fishery Science, SWU, Tirupati - Member;
(xi) Two representatives fro

S.8 Technical Advisory Committee

(1) To design, verify, approve, monitor technical programmes and to advise Authority in the matters pertaining technical programmes, a committee namely "the Technical Advisory Committee" shall be constituted with the following members:-

(i) Chief Executive Officer of the Authority, who shall be the Chairman;
(ii) Additional Chief Executive Officer of the Authority-Member;
(iii) One representative of Andhra Pradesh Food Processing Society-Member;
(iv) One Professor in the Faculty of Fishery Science, SWU, nominated by the Dean of Fishery Faculty, SWU, Tirupati-Member;
(v) One representative of CIBA-Member;
(vi) One representative of CIFA-Member;
(vii) One representative of CAA-Member;
(viii) One representative of MPEDA-Member;
(ix) One representative of RGCA-Member;
(x) One representative of CIFT-Member;
(xi) One representative of CMFRI-Member;
(xii) Deputy Director, EIA-Me

S.9 District Level implementation Committee

(1) To Implement, monitor, regulate functioning of the authority at district level a committee namely "the District Level Implementation Committee" (DLIC) shall be constituted with the following members:-

(i) Collector, who shall be the Chairman;
(ii) Joint Collector (Rythu Bharosa)-Member;
(iii) District Fisheries Officer, who shall be the Member Secretary;
(iv) Executive Engineer, APPCB- Member;
(v) Superintending Engineer, I&CAD Department- Member;
(vi) Deputy Director, Ground Water Department- Member;
(vii) General Manager, Industries Department- Member;
(viii) Deputy Director/Assistant Director, MPEDA- Member;
(ix) One progressive shrimp farmer, nominated by the Chairman, DLIC, APSADA- Member;
(x) One progressive fish farmer, nominated by the Chairman, DLIC, APSADA-Member;
(xi) One progressive fish/shrimp hatchery operator, nominated by the Chairman, DLIC, APSADA- Member;

S.10 Other Committees of the Authority

(1) Apart from Executive Committee, Technical Advisory Committee and District Level Implementation Committee, the Authority may appoint such other Committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act;

(2) The Authority shall have the power to co-opt as members of any Committee appointed under sub-section (1) such other number of persons who are not members of the Authority, as it may think fit.

S.11 Disqualification for membership of the Authority and its Committees

A person shall be disqualified from being appointed or continuing as a member of Authority or any committee of the authority, if he/she-

(i) is medically found or declared to be of unsound mind;
(ii) is a person who having being declared an insolvent or bankrupt under any law in force, is a undischarged insolvent or bankrupt;

S.12 Executive Officers and Staff of the Authority

(1) The Commissioner of Fisheries will be the Chief Executive Officer of Authority.

(2) To assist Chief Executive Officer and to perform such duties as required, one Additional Chief Executive Officer, other Officers and Staff may be taken on deputation basis;

(3) Terms of deputations, salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may be applicable to any other State Government Department.

(4) Subject to such control and restrictions as may be prescribed, the Authority may appoint such other Executive Officers and may engage such Advisors, Consultants/Experts/Technicians/Office Staff/Skilled/Unskilled workers/any other manpower as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as may be prescribed and determined from time to time.

S.13 Fund of the Authority

(1) The Authority shall have its own Fund. The following shall be credited into the Fund of the Authority-

(a) all such amount as may be allocated in the budget by the Government for the use of the Authority;
(b) Managerial grant sanctioned by the government in the budget of Department of Fisheries;
(c) prescribed percentage of Aquaculture registration/license fee collected by the Department of Fisheries before the appointed date;
(d) all such amount as may be received by the Authority in the exercise and discharge of its powers, and functions under this Act;
(e) all such amount as may be received by the Authority by way of cess/fees and charges;
(f) all such amount as may be received by the Authority by way of loans, donations, subsidies, gifts or grants from any source whatsoever.

(2) The authority shall open a Green Channel PD Account towards operation of this fund. All the amounts/revenue receipts of the au

S.14 Initial capital

The initial capital of the Authority shall be Rs. 100 Crores towards meeting the expenditure of the authority till it becomes financially self reliant. The amount of the initial capital shall be paid to the Authority from the Government in such installments as may be decided by the Department of Finance.

S.15 Audit of accounts of the Authority

(1) The Authority shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Authority.

(2) The annual audit of the accounts of the Authority shall be done as per rules and regulations in vogue.

S.16 Transfer of property and contracts

(1) The Government may, by notification published in the Gazette, transfer to the Authority-

(a) any movable or immovable property of the Department of Fisheries required by the Authority for the discharge of its functions under this Act; and
(b) any contract or liability of the Department of Fisheries connected with any of the functions of the Authority.

(2) Upon the publication of notification under sub-section (1) in the Gazette-

(a) the properties specified in such notification shall vest in, and be the properties of the Authority;
(b) the contracts specified in that Order shall be deemed to be the contracts of the Authority and all subsisting rights and obligations of the Department of Fisheries under such contracts shall be deemed to be the rights and obligations of the Authority;
(c) the liabilities specified in that notification shall be deemed to be the liabilities of the Authority.

S.17 Land alienations and acquisitions of land

(1) Where any Government land is required for the Authority, that land shall be deemed to be required for a public purpose and may be alienated by the Government to the Authority as per the rules and regulations.

(2) Where any private patta land is required for the Authority, that private patta land shall be deemed to be required for a public purpose and may be acquired to the Authority as per the rules and regulations.

(3) Any amount payable for the land alienation/acquisition, shall be paid, by the Authority.

S.18 Aquaculture Controller

The Chief Executive Officer (CEO) or any officer empowered by him shall be the Aquaculture Controller under this Act.

S.19 Licensing Authority

The Collector or any other Fisheries Department Officer empowered by the Aquaculture Controller shall act as the Licensing Authority.

S.20 Regulation of Aquaculture and Aquaculture Business by the Authority

(1) With effect from the appointed day of this Act, all the aquaculture and aquaculture business operations shall come under the control of the Authority.

(2) For enforcement of sub-section (1), powers to enforce the existing aquaculture related Act/s shall be vested with the Authority.

(3) The authority may enact any new aquaculture related Act/s as per need for effective enforcement of sub-section (1).

(4) In case if provisions are not available for quality control of any aspect of aquaculture and aquaculture business operations and the authority feels that enacting a new act for that specific aspect/s is likely to take long time, powers to prescribe rules for quality control for that specific aspect/s shall be vested with the Authority under this Act since this Act covers each and every aspect of aquaculture and aquaculture business operations.

(5) Quality standards for various aquaculture inputs, aquaculture equipment and aquaculture services shall b

S.21 Classification of Aquaculture and Aquaculture Business

The aquaculture and aquaculture business operations shall be classified into different categories as may be prescribed.

S.22 Process of issuance of License for doing Aquaculture

(1) All the existing aquaculture farmers who already got licenses/registrations for their farms from Department of Fisheries/CAA/MPEDA shall be eligible for continuation of their licenses/registrations. It is not necessary to apply for license/registration afresh. However, these old licenses/registrations are to be endorsed by the licensing authority of this Act in order to consider them to be issued under this Act.

(2) The licensed/registered aquaculture farmers under sub-section (1), shall submit their details in the prescribed format along with prescribed fee within four (4) months from the appointed date.

(3) The applications received, under sub-section (2) for endorsement of existing licenses/registrations, the process of endorsement shall be completed by the licensing authority within 15 days by following the prescribed procedure.

(4) If acceptance or rejection of application made under sub-section (2) is not issued within the stipulated time of fifteen (

S.23 Process of issuance of License for doing Aquaculture Business

(1) Licenses already issued to the existing aquaculture business operators by any department under any other Act shall be valid and it is not necessary to apply for license afresh. However, these old licenses are to be endorsed by the licensing authority of this Act in order to consider them to be issued under this Act.

(2) The old licenses endorsed by the licensing authority are governed by the provisions of this Act.

(3) The applications received, under sub-section (1) for endorsement of existing licenses, the process of endorsement shall be completed by the licensing authority within fifteen (15) days, by following the prescribed procedure.

(4) If acceptance or rejection of application made under sub-section (1) is not issued within the stipulated time of fifteen (15) days, the license shall be deemed to be endorsed.

(5) Any person who wish to start a new Aquaculture Business Operations/any firm registered under Partnership Act (Central Act No. 9 of 1

S.24 License Fee

Licence Fee will be fixed by rules to be framed under this Act.

S.25 Duration of License/Endorsement

Licenses issued/Endorsement made under this law shall be valid for lifetime and shall not require any further renewal.

S.26 Suspension/Cancellation of License

(1) The license is liable to be suspended if the licensing authority is satisfied that either on a reference made to it in this behalf or otherwise, that any offense, listed in rules for which suspension of license is prescribed, was committed by the licensee or his representative, without prejudice to any other penalty to which the holder of the License may be liable under this Act and rules made thereunder.

(2) The license is liable to be cancelled if Licensing authority is satisfied that either on a reference made to it in this behalf or otherwise, that any offense, listed in rules for which cancellation of license is prescribed, was committed by the licensee or his representative, without prejudice to any other penalty to which the holder of the License may be liable under this Act or rules made thereunder. The Licensing Authority may, after giving the holder of the License an opportunity of showing cause, cancel the License as per the procedure prescribed under rules to

S.27 Laboratories

The Government may notify one Referral Laboratory and one or more regional Laboratories through the rules to be framed under this Act.

S.28 Aquaculture Inspector

Fisheries Development Officer (FDO) of any other Officer not below the rank of FDO designated by the Aquaculture Controller as the Aquaculture Inspector.

S.29 Powers, role and responsibilities of the Aquaculture Inspector

(1) The Aquaculture Inspector may,-

(a) enter and search the premises in which Aquaculture Business Operations are being undertaken at all reasonable times, with such assistance, if any, when he/she receives any complaint or as prescribed or if he/she considers necessary, any place in which he/she has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any aquaculture input/aquaculture equipment/aquaculture produce/aquaculture service in respect of which the offence has been or is being committed, not to dispose of any stock of aquaculture inputs/aquaculture equipment/aquaculture produce/aquaculture service for a specific period not exceeding (7) seven days or, unless the alleged offence is such that the defect may be rectified by the possessor of the equipment/product/service, restrict the stock from being sold;
(b) take samples of aquaculture inputs/aquaculture equipment/aquaculture

S.30 Collection and Analysis of Sample

(1) The samples of aquaculture inputs/aquaculture equipment/aquaculture produce/aquaculture services shall be collected and analyzed in the prescribed manner.

(2) The authority may engage third party agency for collection and analysis of randomized samples as in the manner prescribed.

S.31 Report of Laboratory

The report of analysis of samples of aquaculture inputs/aquaculture equipment/aquaculture produce/aquaculture services shall be given in the prescribed manner.

S.32 Offences

The offenses under this Act shall be prescribed.

S.33 Penalty

(1) lf any person/firm or representative commits an offense under section 32 of this Act, shall, be punishable as may be prescribed.

(2) Government may notify other penalties from time to time.

S.34 Seizure and Forfeiture of the Property

(1) The aquaculture inputs/aquaculture equipment/aquaculture produce/aquaculture services shall be seized/forfeited if any person/firm or representative commits an offense for which seizure or forfeiture as may be prescribed.

(2) Government may notify other offenses by committing which the stock shall be seized/forfeited.

S.35 Appeal

(1) Any person/firm aggrieved by the decision of the Licensing Authority, may within thirty (30) days from the date on which the decision is communicated to him/her/it and on payment of such fees as may be prescribed, prefer an appeal to the Aquaculture Controller.

Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty (30) days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving an opportunity of being heard, dispose of the appeal within fifteen (15) days.

(3) Every order passed by the Aquaculture Controller on an appeal preferred to it under this section, shall be final.

S.36 Exemption

This Act and Rules made thereunder, shall not be applicable to aquaculture or aquaculture business operations done by the ICAR/SVVU/Department of Fisheries/and other Government agencies/institutions.

S.37 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the Authority or any officer or employee of the Authority for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.

S.38 Persons acting under this Act to be Public Servants

Any person acting under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of I860).

S.39 Power to make rules

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-

(i) Functions, powers, role and responsibility of the Executive Committee, Technical Advisory Committee, District Level Implementation Committee or any other committees, terms of nomination of non-official members and duration of nomination and other aspects for all the committees;
(ii) Terms and conditions of deputation of executive officers and staff of the Authority, admissible allowances and other conditions of their service in APSADA;
(iii) Infrastructure facilities and units which are to be transferred to the APSADA from Department of Fisheries;
(iv) Functions, role and responsibilities of Aquaculture Controller, Licensing Authority and Aquaculture Inspector;
(v) Classification of aquaculture and aquacult

S.40 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order published in the Andhra Pradesh Gazette, make such provision not inconsistent with the provisions of this Act, as appear to be necessary or expedient for removing the difficulty.

(2) Every Order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.