Amendment status not verified — confirm the current text below against the official source.
Section 13 along with marginal heading substituted by the Act No.36 of 2020, s.13 (b) from any person who is in the course of conveying or delivering or preparing to deliver such Aquaculture Seed / brooder to a purchaser or a consignee; or (c) upon receipt of complaint, from any consignee or purchaser after delivery of such Aquaculture Seed / brooder to him/ him/her by following procedure prescribed. (iii) send such sample for analysis to the Aquaculture Seed Analysis Laboratory; (iv) in case of L. vannamei or any other speices, examine and count the number of brooders in a hatchery and verify whether the count of brooders is tallying with the imported brood stock or not; (v) examine any record, register document or any other material object found in any place mentioned in sub- clause (a) and seize the same if he/she has any reason to believe that it may provide evidence of the commission of an offence punishable under this Act; and (vi) exercise such other powers as may be necessary for carrying out the purposes of this Act or any Rule made there under. (2) Where any sample of any Aquaculture Seed/ brooder is taken under sub- clauses (a) and (b) of clause (ii) of subsection (1), its cost, calculated at the rate at which such Aquaculture Seed is usually sold shall be paid in cash to the person from whom it is being taken under proper cash bill/ invoice. (3) The power conferred under this section includes power to break-open any facility / container in which any Aquaculture Seed/ brooder may be contained or to collect the Aquaculture Seed/brooder from Hatchery, Larval Rearing Centre (LRC), Brooder Multiplications Centers, Fish Seed Farms or any other unit connected to the aquaculture seed production where any such Aquaculture Seed/brooder may be kept for sale and distribution: Provided that, the power to collect the Aquaculture Seed from Hatchery, Larval Rearing Centre, Brooder Multiplication Center, Fish Seed Farms or any other unit connected to the aquaculture seed production shall be exercised only after the owner or any other person in occupation of the premises, if present, therein, refuses to allow collection of the Aquaculture Seed sample on being called upon to do so. (4) Where the Aquaculture Seed Inspector takes any action under sub-section (3), he shall, as far as possible, ask the Committee, designated for the purpose under rules of this Act, to be present at the time when such action proposed to be taken and take the signatures of the Designated Committee members on a memorandum to be prepared in such form as may be prescribed. (5) The provisions of the Code of Criminal Procedure, 1973 shall, 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. (6) To ensure transparency in the functioning of the Aquaculture Inspector, there shall be a mechanism for inspection of the Aquaculture Inspectors as prescribed. (7) The Controlling Authority may outsource sample collection task to any Technical Agency. APSADA shall issue identity cards to sample collectors employed by such agency and their details shall be entered on web-portal. Such sample collectors shall be allotted sample collection tasks under randomization by computer software. These sample collectors shall carryout the sample collection work, allotted to them, on behalf of APSADA. The concerned outsourced agency or the sample collector employed by it shall not be having any powers of Aquaculture Inspector or APSADA, their job shall be limited to sample collection alone.] 1[13 A. Responsibility of Licensee – (1) In case of L. vannamei or any other prescribed species, the licensee shall enter the details of imported brood-stock on the web-portal maintained by the Department of Fisheries/APSADA. The licensee shall also enter the details of discarded/ dead brood-stock on daily basis. At any given point of time, brood- stock available in the Hatchery shall tally with the records on web portal. Any deviation in this regard shall be treated as an offense under this Act and shall be punishable as prescribed. (2) With the approval of the State Level Seed Committee, the Controlling Authority shall have the powers to specify additional methods or procedures for tracing the brooders, the license shall follow such approved methods /procedures in addition to the procedure described under sub-section (1). (3) Whenever Aquaculture Seed Inspector enters into premises of a licensee,- (i) The Licensee or every person found therein shall provide the Aquaculture Seed Inspector best possible assistance in his/her power/capacity to enable the Aquaculture Seed Inspector to carry out his/her duties and functions under this Act and shall furnish him/her with such information with respect to the administration of this Act and the regulation as he/she may reasonably require. (ii) No person shall obstruct or deceive or mislead Aquaculture Seed inspector in carrying out his/her duties or functions under this Act. (iii) If any offense is committed under clause (ii), the Aquaculture Seed Inspector shall take the assistance of one or two witnesses and shall discharge his/her duties. (iv) In case if same offence is repeated by the Llicensee or occupier or any person found in the premises, the Aquaculture Seed Inspector shall lodge a complaint in the nearest police station, (v) Offence committed under clauses (ii) and (iv) shall be punishable under the Code of Criminal Procedure, 1973 and/or any other appropriate law. (4) Whenever any Sample Collector authorized by APSADA enters into the premises of the licensee for sample collection, the licensee shall provide the sample after verifying the identity of such sample collector. In case if any doubt arises about the authenticity of such sample collector, the licensee shall cross check with the concerned Aquaculture Inspector or any other officer of APSADA.] 2[14. Accreditation and Certification – (1) The Licensing Authority shall have the power for granting accreditation and certification.