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Coastal Aquaculture Authority (Amendment) Rules, 2022

Coastal Aquaculture Authority (Amendment) Rules, 2022

Coastal Aquaculture Authority (Amendment) Rules, 2022

[15th March, 2022]

G.S.R. 216(E). In exercise of the powers conferred by section 24 of the Coastal Aquaculture Authority Act, 2005 (24 of 2005), the Central Government, hereby makes the following rules further to amend the Coastal Aquaculture Authority Rules, 2005, namely.

Rule - 1.

(1)     These rules may be called the Coastal Aquaculture Authority (Amendment) Rules, 2022.

(2)     They shall come into force from the date of their publication of the Official Gazette.

Rule - 2.

In the Coastal Aquaculture Authority Rules, 2005, (hereinafter referred to as the said rules), in rule 9,

(a)      in sub-rule (1).

(i)       for sub-rule (1), the following sub-rule shall be substituted, namely.

?(1) Every application for the registration of a coastal aquaculture farm shall be made to the Sub- Divisional Level Committee where the coastal aquaculture farm is located or directly to the District Level Committees in absence of a sub-division in a particular District as set up by the Authority in Form I, obtainable from the office of the Member Convener of Sub-Divisional Level Committee or District Level Committee, or from the office of the Authority or downloaded from the website of the Authority?, shall be substituted;

(ii)      the following proviso shall be inserted, namely.

?Provided that the Authority in the public interest may make provision for electronic or on-line filing of an application in prescribed Form I?;

(b)      in sub-rule (2), in TABLE, in column 1,

(i)       for serial number 2, the words and figures ?From 5.1 to?, the words and figures ?Above 5 ha upto? shall be substituted;

(ii)      for serial number 3, the words and figures ?From 10.1 ha water spread area and above?, the words and figures ?Above 10 ha water spread area? shall be substituted;

(c)      in sub-rule (3),

(i)       after the words ?Member Convener of the?, the word ?Sub-Divisional Level Committee or? shall be inserted;

(ii)      after the words ?the Authority?, the words ?or electronically through online mode in favour of the Coastal Aquaculture Authority? shall be inserted.

Rule - 3.

In rule 10 of the said rules,

(a)      for sub-rule (1).

(i)       the following sub-rule shall be substituted, namely.

?(1) On receipt of an application under sub-rule (1) of rule 9, the Sub-Divisional Level Committee or the District Level Committee in the absence of a sub-division in a particular District shall scrutinize the application including supporting documents furnished therewith in respect of the coastal aquaculture farm irrespective of their size? ;

(ii)      in clause (a), for the words ?District Level Committee?, the word ?Sub-Divisional Level Committee? shall be substituted;

(iii)     in clause (a), the words ?under intimation to the State Level Committee? shall be omitted;

(iv)    for clause (b), the following clause shall be substituted, namely.

?(b) in the case of coastal aquaculture farms above 2.0 ha of water spread area and upto 5.0 ha of water spread area, the Sub-Divisional Level Committee shall recommend the application directly to the Authority for consideration of registration only after making such inquiry including inspection as it thinks fit to satisfy that the registration of such farm shall not be detrimental to the coastal environment?;

(v)      after clause (b), the following clauses shall be inserted, namely.

?(c) in the case of coastal aquaculture farms above 5.0 ha of water spread area, the Sub- Divisional Level Committee shall recommend the application to the District Level Committee for consideration of registration only after making such inquiry including inspection as it thinks fit to satisfy that the registration of such farm shall not be detrimental to the coastal environment and making further inquiries to ascertain that the coastal aquaculture farm conforms to the stipulations laid down in the Coastal Aquaculture Authority Guidelines.

(d) The District Level Committee upon satisfaction shall further recommend the application to the Authority for consideration of registration:

Provided that the District Level Committee shall have two third of the members including the Chairperson and member convener of the District Level Committee in the meeting for making such recommendation.?;

(b)      in sub-rule (2), after the word ?writing?, the words ?by the Sub-Divisional Level Committee concerned? shall be inserted;

(c)      for sub-rule (4), the following sub-rule shall be substituted, namely.

?(4) For the purpose of this rule, the compositions of Sub- Divisional Level and District Level Committees shall be as below:

?A. Sub-Divisional Level Committee.

 

(a) Revenue Divisional Officer or Sub-Collector of a sub-division :

Chairperson, ex-officio;

 

(b) Tahsildar or Mandal Revenue officer within the sub-division :

Member, ex-officio;

 

(c) Sub-divisional Agriculture Officer or equivalent :

Member, ex-officio;

 

(d) Assistant Conservator of Forest or equivalent :

Member, ex-officio;

 

(e) Sub-divisional officer of Irrigation or Water Resources :

Member, ex-officio;

 

(f) Block Development Officer :

Member, ex-officio;

 

(g) Assistant Director of Fisheries in the district or equivalent :

Member Convener; ex-officio.

 

 

B. District Level Committee

 

(a) District Collector or Deputy Commissioner of the District or Additional Collector or Joint Collector or Additional Deputy Commissioner:

Chairperson,ex-officio;

(b) Revenue Divisional Officer or Sub-Collector of sub-division:

Member, ex-officio;

 

(c) Chief Executive Officer of Zilaparishad or equivalent:

Member, ex-officio;

 

(d) District Head of Agriculture:

Member, ex-officio;

 

(e) Divisional Forest Officer or equivalent:

Member, ex-officio;

 

(f) District Head of Irrigation or Water Resources:

Member, ex-officio;

 

(g) Representative from Marine Products Export Development Authority:

Member, ex-officio;

 

(h) Any other Government Official in the District to be co-opted by the Collector or Deputy Commissioner of the District.

?:

Member, ex-officio;

 

(i) District Head of Fisheries:

Member Convener, ex-officio?.

 

 

Rule - 4.

 

In rule 11 of the said rules, for words ?a certificate of registration shall be granted? the words ?the Authority may grant the certificate of registration through electronic means? shall be substituted.

 

Rule - 5.

 

In rule 12 of the said rules,

(a)      in sub-rule (1).

(i)       for the word ?before?, the word ?within?, shall be substituted;

(ii)      after the words and letters ?Form III?, the words ?along with the documents establishing the ownership? shall be inserted;

(iii)     the following proviso shall be inserted, namely.

?

?Provided that the Authority may undertake any inquiries including inspections as deem fit to confirm such claim as made in the application by itself or through Sub-Divisional Level Committee or District Level Committee and the coastal aquaculture farm shall be liable for any acts of omission or commission under this Act, rules, regulations or Guidelines made thereunder?;

(b)      for sub-rule (3), the following sub-rule shall be substituted, namely:

?(3) The fees for renewal of registration of the farm shall be paid to the Coastal Aquaculture Authority in form of Demand draft or electronically through online mode?.

 

Rule - 6.

 

In Form II of the said rules, under the heading conditions for registration of coastal aquaculture farm, for serial number 2, the following serial number shall be

substituted, namely:

 

?2. Provided that subject to such conditions as the Authority may deem fit, the conditions of registration may be transferred by the Authority to the legal-heir or transferee of the farm for the remaining period of validity.

 

Provided further that the application for such transfer with relevant records shall be made to the authority who in turn shall acknowledge the receipt and the application for such transfer with relevant records shall be disposed by the authority ordinarily within 15 days of its receipt.?.