Amendment status not verified — confirm the current text below against the official source.
Aquaculture Controller - The Chief Executive Officer (CEO) or any officer empowered by him shall be the Aquaculture Controller under this Act. 19.Licensing Authority - The Collector or any other Fisheries Department Officer empowered by the Aquaculture Controller shall act as the Licensing Authority. 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 be prescribed. (6) Standard Operating Procedures (SOPs) for aquaculture and- aquaculture business operations are to be prescribed under this Act; (7)Regulation of aquaculture, aquaculture business operations, aquaculture business operators shall be carried out by the Authority in the manner as may be prescribed. 21.Classification of Aquaculture and Aquaculture Business - The aquaculture and aquaculture business operations shall be classifiedinto different categories as may be prescribed. CHAPTER-VI LICENSE 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/ registrationsare 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 (15) days, the license shall be deemed to be endorsed. 14 (5)If any existing aquaculture farmers who have not got license/ registered with Department of Fisheries/CAA /MPEDA as on appointed date, shall apply for license in the prescribed format along with license fee within four (4) months from the appointed date (6)The license shall be issued by the licensing authority for the applications received under sub-sections (5) within fifteen (15) days from the date of application. (7)If acceptance or rejection of application for license made under sub- section(5) is not issued within fifteen (15) days from the date of application, the license shall be deemed to be issued. (8)For obtaining license for new farms, application shall be submitted in the prescribed format along with prescribed license fee. (9)Detailed procedure of issuance of license for applications received under sub-section (8) shall be issued as may be prescribed. 23.Process of issuance of License for doing Aquaculture Business - (1)Licenses already issued to the existing aquaculture businessoperators 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 1932)/ any company registered under Companies Act (Central Act No.18 of 2013), which desires to start new Aquaculture Business Operations shall apply for the license under prescribed category of Aquaculture Business Operations along with the prescribed license fee to the Licensing Authority in the manner prescribed under Rules to be framed under this Act. (6)In case if any person/firm/company wishes to undertake more than one Aquaculture Business Operations shall need to tick concerned business operations in the application and need to remit license fee for each type of business operation separately. (7)If any application under sub-section (5) is submitted, the Licensing Authority:- (a)If satisfied that the applicant has fulfilled all the terms and conditions of application for carrying out the Aquaculture Business Operations, the Licensing Authority shall issue the license within fifteen (15) days from the date of application; or (b)If the Licensing Authority is of the opinion that the applicant has not fulfilled majority of the prescribed terms and conditions, the applicant shall be informed the same and be given an opportunity to furnish documents before rejecting the application within fifteen (15) days from the date of receipt of letter issued by licensing authority. 15 (c)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 issued. (8)If any person/firm, carrying out the Aquaculture Business Operations without any license immediately before commencement of this law, the person/company/ firm shall apply to the Licensing Authority within a period of four (4) months from the appointed date as may be prescribed. (9)If application is not submitted for license within the time limit as prescribed under sub-section (4), the Licensing Authority can order for stopping all Aquaculture Business Operations being undertaken by the person/company/firm. (10)If any application under sub-section (8) is submitted, the Licensing Authority:- (a)If satisfied that the applicant has fulfilled all the terms and conditions of application for carrying out the Aquaculture Business Operations, the Licensing Authority shall issue the license within fifteen (15) days from the date of application; or (b)If the Licensing Authority is of the opinion that the applicant has not fulfilled majority of the prescribed terms and conditions, the applicant shall be informed the same and be given an opportunity to furnish documents before rejecting the application within fifteen (15) days from the date of receipt of letter issued by the licensing authority. (c)Till the time of receiving acceptance or rejection of application made under sub-section (8), the applicant may continue to operate aquaculture business operations. (d)If acceptance or rejection of application made under sub-section (8) is not issued within the stipulated time of 15 days, the license shall be deemed to be endorsed. (11)The licensing authority shall make sure all the applications for issuance of license / endorsement of license are in full shape so that the rate of rejection is as minimum as possible. The licensing authority shall facilitate the application process and shall render all possible support and assistance to the applicants. 24.Licence Fee - Licence Fee will be fixed by rules to be framed under this Act. 25.Duration of License/Endorsement - Licenses issued / Endorsement made under this law shall be valid for lifetime and shall not require any further renewal. 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 be framed under this Act. 16 CHAPTER-VII SAMPLE COLLECTION AND ANALYSIS 27.Laboratories - The Government may notify one Referral Laboratory and one or more regional Laboratories through the rules to be framed under this Act. 28.Aquaculture Inspector - Fisheries Development Officer (FDO) or any other Officer not below the rank of FDO designated by the Aquaculture Controller as the Aquaculture Inspector.