Amendment status not verified — confirm the current text below against the official source.
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. 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 undertaking aquaculture; (8) “Aquaculture Harvest Operations” means the activities undertaken to harvest aquaculture produce; (9) “Aquaculture inputs” means seed, feed, feed supplements, aqua chemicals, aqua products, medicines, all other materials that are used directly or in combination with others for doing aquaculture; 4 (10) “Aquaculture Inspector" means any officer of Fisheries Department who is designated as Aquaculture Inspector under section 28; (11) “Aquaculture post-harvest operations” means any activity undertaken from harvest till it is sold to consumer including weighment, addition of ice, transport, pre-processing, processing, value addition, packaging, preservation, storage, cold chain, trade, marketing, export and all such activities; (12) “Aquaculture Produce” means biomass of aquatic organisms produced through aquaculture; (13) “Aquaculture Services” means services provided by any person/firm/company/institution/body(like Aqua Labs, Aqua Consultant,Aqua Technicians, Aquaculture extension personnel and others) for doing aquaculture; (14) “Aquaculture” means growing of aquatic organism from smaller size to larger size; (15) “Aquatic Organism” means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm, larvae, juvenile and adult stages, any one of which is required to be in water (of any salinity) during that stage of its life. It includes but not limited to cartilaginous and bony fishes, freshwater and marine prawn and shrimp, crustaceans, molluscs, echinoderms, amphibians, tortoises, plankton, seaweeds, aquatic plants and all other aquatic organisms at all stages of their life cycle and any other animal/s declared from time to time by the Government through notification; (16) “Authority” means the Andhra Pradesh State Aquaculture Development Authority; (17) “Company” means company as defined in the Companies Act, 2013(Central Act No.18 of 2013); (18) “Court” means any Court not less than a Court of Judicial Magistrate of First Class in the State of Andhra Pradesh; (19) “Distributor/Dealer” means the person/company/firm who distributes the aqua inputs / equipment on wholesale basis to vendors for retail sales; (20) “Firm” means a firm / partnership firm registered under the Indian Partnership Act, 1932(Central Act No.9 of 1932); (21) “Government” means the State Government of Andhra Pradesh. (22) “License” means any license given under sections 22 and 23 in favour of any person or company/firm for carrying out aquaculture and/or aquaculture business operations; (23) “Licensing authority” means the officer who is empowered to grant licenses to do aquaculture and/or aquaculture business operations; (24) “Notification” means a notification published in the Andhra Pradesh Gazette; (25) “Prescribed” means prescribed by Rules made under this Act; CHAPTER-II THE ANDHRA PRADESH AQUACULTURE AUTHORITY 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 AquacultureDevelopment Authority. 5 (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 AndhraPradesh, 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 Parliament (LS/RS), having experience in Aquaculture and nominated by the Government - Member; (vi)Chief Secretary, Government of Andhra Pradesh -Member; (vii)Special Chief Secretary / Principal Secretary/ Secretary of AHDDF Department, Government of Andhra Pradesh – Member; (viii)Joint Secretary (Marine Fisheries), Department of Fisheries, Government of India - Member; (ix)Special Chief Secretary / Principal Secretary/ Secretary of Finance Department, Government of Andhra Pradesh - Member; (x) Chairman, MPEDA or his representative (not less than Director) - Member; (xi)Director, EIA or his representative (not less than the rank of Joint Director) -Member; (xii)Member Secretary, CAA or his representative (not less than Director) - Member; (xiii)CE, NFDB or his representative (not less than ED) — Member; (xiv) CGM, NABARD-Member; (xv) General Manager, General Insurance Company-Member; (xvi)FGM, State Level Bankers Committee-Member; (xvii)CEO, AP Food Processing Society-Member; (xviii)Special Chief Secretary, EFS&T-Member; (xix) Three Members, representing Shrimp Farmers and nominated by the Government; (xx) Two Members, representing Fish Farmers and nominated by the Government; (xxi) Four Members, representing Aquaculture Business Operators (Hatcheries/ Processing Plants/ Feed Manufacturers / Aquaculture Health Care Product “Manufacturers” Dealers) and nominated by the Government; (xxii) Chief Executive Officer of the Authority, who shall be the Member Secretary; 6 (4)Meetings of the Authority: (i)The Authority shall meet at least once in three months; (ii)Subject to the provisions of sub-section (i), the Authority may regulate the procedure in regard to its meetings and the transaction of business at such meetings. (5)No proceeding of the Authority shall be deemed to be invalid by reasononly of the existence of any vacancy among its members or any defect in the appointment of a member; (6) Functions, powers, role and responsibility of the Authority, terms for nomination of non-official members and term of nomination and other aspects shall be as such as may be prescribed. 5.Function 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; (viii) in the event of crisis the authority may take up and intervene into any activity in aquaculture sector to protect the interests of the sector in due consultations with the stakeholders. (ix) to establish, run and support new organizations/ societies/ Institutions (like Quarantine/Nucleus Breeding Centers / Brooder Multiplications Centers /Ice Plants / Pre- processing Plants/Processing Plants/Cold Stores/ Hatcheries / Farms / Skill Development Centers /Training Institutes etc); (x) promotion of up-grading the skills of human resources to increase the availability of skilled manpower to the aquaculture industry with special emphasis on women empowerment and to develop more professionals in aquaculture sector; (xi)to achieve financial sustainability of the Authority; (xii)to render market intelligence service to aqua farmers; (xiii)to promote transfer of technology in collaboration with national and international institutions; (xiv) to promote the farming of high valued fish species including ornamental fish, for export and to promote diversification; 7 (xv)to manage, conserve, and develop, aquatic resources, and the aquaculture industry; (xvi) to facilitate implementation of various centrally funded schemes forthe establishment of new enterprises; (xvii) to monitor, control and surveillance of diseases; (xviii) to certify and promote all aquaculture inputs like seed, feed, feed ingredients, feed supplements, aqua chemicals, aqua products, medicines, implements, equipment, IT enabled products/services, aquaculture produce / seafood/ value added products /aquaculture ancillary services; (xix) to discharge any other function/ activity as may be prescribed; 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/ society/institute by convergence of various Government schemes and by getting financial support from different funding agencies; (ix) take up Research and Development Programmes, if need arises; (x) to establish training centers and conduct skill development / HRD programmes; (xi) levy and collect certification charges / any other charges on different aquaculture inputs like seed, feed, feed ingredients, feed supplements, aqua chemicals, aqua products, medicines, services and aquaculture produce/seafood; (xii) levy and charge fees or any other charges for services rendered, or for facilities and equipment provided, by the Authority; (xiii) to collect market data on seafood exports and interpret it for the benefit of aqua farmers; (xiv) enter into MoUs; (xv) provide consultancy services & to establish incubation centers; 8 (xvi) enter into perform and carry out, whether directly or any officer or agent authorized in that behalf, or by way of joint venture with any person in or outside India, all such contracts or agreements as may be necessary for the discharge of the functions of the Authority; (xvii) establish such departments, divisions and regional offices as may be necessary for the proper discharge of its functions; (xviii) delegate the required powers to any of the executive Officer/staff/Government employee to discharge the functions of the authority; (xix) entrust some of its functions /activities to any third party agency/ agencies for efficient functioning of the authority; (xx) accept budget allocation from state and central governments, funds, gifts, grants, donations or subsidies, whether in cash or otherwise, and to utilize them for discharging the functions of the Authority; (xxi) to do all such other things which are necessary for the efficient discharge of the functions of the Authority; (xxii) establishing and networking of laboratories and aqua technicians, institutions; (xxiii) to collect, analyse samples and to certify all aquaculture inputs like seed, feed, feed ingredients, feed supplements, aqua chemicals, aqua products, medicines, implements, equipment, IT enabled products/ services, aquaculture produce/seafood/ value added products/ aquaculture ancillary services; (xxiv) to inspect and audit any farm/hatchery/feed manufacturing unit / any other aquaculture or aquaculture business unit for compliance to the quality standards; (xxv) to enter and inspect physical facilities, raw materials, finished products, records of all aquaculture production, processing and distribution and sales units; (xxvi) impose fines and penalties to any aquaculture production, processing and distribution and sales units in case of violations of the provisions of the act; (xxvii) regularize unauthorized aquaculture production, processing and distribution and sales units; (xxviii) regulate and control the conversion of productive agriculture lands in aquaculture ponds; (xxix) constitute committee or sub committees as and when required for carrying out the functions of the authority in an effective manner; (xxx) any other powers as may be prescribed; CHAPTER-III COMMITTEES AND EXECUTIVE STAFF OF THE AUTHORITY