Full Text
THE COAST AL AQUACUL TURE AUTHORITY
(AMENDMENT) ACT , 2023
NO. 27 OF 2023
[12th August, 2023 .]
An Act amend the Coastal Aquaculture Authority Act, 2005.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Coastal Aquaculture Authority (Amendment)
Act, 2023.
(2) Save as otherwise provided, it shall come into force on such date as the
Central Government may , by notification in the Of ficial Gazette, appoint; and dif ferent
dates may be appointed for dif ferent provisions of this Act.Short title and
commencement.vlk/kkj.k
EXTRAORDINARY
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PART II—Section 1
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PUBLISHED BY AUTHORITY
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No. 30] NEW DELHI, MONDA Y, AUGUST 14, 2023/SRA VANA 23, 1945 (SAKA)
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MINISTR Y OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 14th August, 2023/ Sravana 23, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
12th August, 2023 and is hereby published for general information:—
CG-DL-E-14082023-248093
2. In section 2 of the Coastal Aquaculture Authority Act, 2005 (hereinafter referred
to as the principal Act), in sub-section ( 1),—
(i) for clause ( a), the following clauses shall be substituted, namely:—
'(a) "aquaculture input" means any material used as an input in coastal
aquaculture for the maintenance of quality of water and soil and for the
growth and better health of organisms reared, or other aquatic life available,
therein and includes seed, fertilizer , feed, growth supplement, probiotic,
environment remediator and disinfectant;
(aa) "aqua mapping" means geospatial coastal area distribution
maps depicting areas potential and suitable for coastal aquaculture;
(ab) "aqua zonation" means the zones of spatial planning for different
species or methods of coastal aquaculture notified by a State Government
or the Authority for sustainable coastal aquaculture;
(ac) "Authority" means the Coastal Aquaculture Authority established
under sub-section ( 1) of section 4;
(ad) "biosecured facility" means a coastal aquaculture unit carrying
on coastal aquaculture activity adopting such biosecurity measures for
ensuring freedom from disease causing pathogens as may be specified in
the guidelines issued for such activity;
(ae) "biosecurity" means any measure or strategy or integrated
approach adopted to analyse, manage and prevent the risk of introduction
or spread of harmful organisms, including viruses and bacteria, within the
coastal aquaculture unit and to minimise the risk of transmission of infectious
diseases;
(af) "Brood Stock Multiplication Centre" means a coastal aquaculture
unit carrying on such coastal aquaculture activity which receives such post
larvae or juvenile which are specific pathogen free or specific pathogen
tolerant or specific pathogen resistant or such other post larvae or juvenile
from a Nucleus Breeding Centre and rears it under strict biosecurity and
close disease surveillance to ensure freedom from disease;';
(ii) for clause ( c), the following clauses shall be substituted, namely:—
'(c) "coastal aquaculture" or "coastal aquaculture activity" means
rearing and cultivation of any life stages of fish, including crustacean,
mollusc, finfish, seaweed or any other aquatic life under controlled
conditions, either indoor or outdoor , in cement cisterns, ponds, pens, cages,
rafts, enclosures or otherwise in saline or brackish water in coastal areas,
including activities such as production of brood stock, seed, grow out, but
does not include fresh water aquaculture;
(ca) "coastal aquaculture unit" means any facility that is engaged in
coastal aquaculture or any allied activity connected therewith and includes
Nucleus Breeding Centre, Brood Stock Multiplication Centre, hatchery and
farm;';
(iii) for clause ( d), the following clauses shall be substituted, namely:—
'(d) "coastal area" means the area declared as the Coastal Regulation
Zone in the Coastal Regulation Zone notification issued by the Central
Government under the Environment (Protection) Act, 1986 and includes
such other area as the Central Government may , by notification in the Of ficial
Gazette, specify;Amendment
of section 2.24 of 2005.
29 of 1986.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
(da) "coastal environment" means the area of land and water in the
coastal area, including complete system of living organisms and physical
surroundings therein;
(db) "farm" means a coastal aquaculture unit where culturing of fish,
including crustacean, mollusc, finfish, seaweed or any other aquatic life is
done under controlled conditions in ponds, pens, cages, rafts, enclosures
or otherwise, in saline or brackish water in coastal areas and includes nursery
rearing, but does not include fresh water aquaculture;
(dc) "hatchery" means a coastal aquaculture unit carrying on coastal
aquaculture activity of breeding and seed production of fish, including
crustacean, mollusc, finfish, seaweed or any other aquatic life, in saline or
brackish water and includes rearing of nauplii and live feed, but does not
include fresh water aquaculture;';
(iv) in clause ( e), the words "and the member-secretary" shall be omitted;
(v) after clause ( e), the following clauses shall be inserted, namely:—
'(ea) "Nucleus Breeding Centre" means a coastal aquaculture unit
carrying on biosecured coastal aquaculture activity which has an established
freedom from disease causing pathogens for the purpose of producing
domesticated specific pathogen free, specific pathogen tolerant and specific
pathogen resistant stocks;
(eb) "operator" means any person or firm that is engaged in the
operation of the coastal aquaculture activity;
(ec) "owner", in relation to any coastal aquaculture unit, includes—
(i) his legal heirs or agent; and
(ii) an operator , a mortgagee, lessee, including sub-lessee or
any other person in actual possession of such coastal aquaculture
unit;
(ed) "pharmacologically active substance or antimicrobial agent"
means a naturally occurring, semi-synthetic or synthetic substance that, at
in vivo concentration, exhibits antimicrobial activity of killing or inhibiting
the growth of microorganisms;';
(vi) after clause ( g), the following clauses shall be inserted, namely:—
'(h) "specific pathogen free" or "specific pathogen resistant" or
"specific pathogen tolerant" means free of, resistant to, or tolerant to, such
pathogens as may be listed by the World Or ganisation for Animal Health or
any other pathogen notified by the Central Government, which is specific
for candidate species used in the coastal aquaculture;
(i) "State" includes Union territory .'.
3. In section 4 of the principal Act, —
(A) in sub-section ( 3),—
(i) in clause ( c), for the words "Department of Ocean Development",
the words "Ministry of Earth Sciences" shall be substituted;
(ii) in clause ( d), for the words "Ministry of Environment and Forests",
the words "Ministry of Environment, Forest and Climate Change" shall be
substituted;
(iii) in clause ( e), for the words "Ministry of Agriculture", the words
"Ministry of Agriculture and Farmers Welfare" shall be substituted;
(iv) in clause ( f), for the words "Ministry of Commerce", the words
"Ministry of Commerce and Industry" shall be substituted;
(v) after clause ( f), the following clause shall be inserted, namely:—Amendment
of section 4.
"(fa) one member to represent the Ministry of Fisheries, Animal
Husbandry and Dairying of the Central Government;";
(vi) for clause ( g), the following clause shall be substituted,
namely:—
"(g) one member to represent each of the coastal States and
Union territories;";
(vii) clause ( h) shall be omitted;
(B) after sub-section ( 3), the following sub-section shall be inserted,
namely:—
"(3A) When the office of the Chairperson is vacant, the Central
Government may , till the appointment of a new incumbent to the said of fice,
nominate any member of the Authority to exercise such of the powers, and
perform such of the functions, of the Chairperson as may be prescribed.".
4. In section 7 of the principal Act, for sub-section ( 2), the following sub-section shall
be substituted, namely:—
"(2) If the Chairperson is unable to attend a meeting of the Authority , any
other member of the Authority nominated by the Chairperson in this behalf, and
in the absence of both Chairperson and nominated member , any other member
chosen by the members present from amongst themselves, shall preside over the
meeting.".
5. After section 7 of the principal Act, the following section shall be inserted, namely:—
"7A. ( 1) Subject to any rules made in this behalf, the Authority may from
time to time constitute such committees as may be necessary for the efficient
discharge of its functions.
(2) Every committee shall consist of such number of persons and perform such
functions and be subject to such terms and conditions as may be prescribed.".
6. After section 9 of the principal Act, the following section shall be inserted,
namely:—
"9A. ( 1) The Central Government may appoint an officer of such rank, as it
considers fit, to be a Secretary of the Authority , in such manner and subject to
such terms and conditions as may be prescribed.
(2) The Secretary shall function as the Chief Executive Officer of the
Authority who shall be responsible for—
(a) the day-to-day administration of the Authority;
(b) drawing up of proposal for the Authority's work programmes in
consultation with the Authority;
(c) implementing the work programmes and the decisions adopted by
the Authority;
(d) ensuring that the tasks of the Authority are carried out in accordance
with the requirements of users, in particular with regard to the adequacy of
the services provided and the time taken;
(e) the preparation of the statement of revenue and expenditure and
the execution of the budget of the Authority;
(f) coordinating with the Central Government and with the committees
of the Authority; and
(g) legally representing the Authority in all matters.
(3) Every year , the Secretary shall submit to the Authority for approval,—
(a) a general report c overing all the activities of the Authority in the
previous year;Amendment
of section 7.
Insertion of
new section
7A.
Insertion of
new section
9A.
Secretary of
Authority .Committees
of Authority .
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
(b) the programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year .
(4) The Secretary shall, after the approval of the Authority , forward the
general report and the programmes to the Central Government and shall have the
general report published.
(5) The Secretary shall have administrative control over the officers and
other employees of the Authority .
(6) The Secretary shall approve all financial expenditure of the Authority
and send a report on the Authority's activities to the Central Government.".
7. In section 1 1 of the principal Act,—
(A) in sub-section ( 1),—
(i) in clause ( a), for the words "aquaculture farms", the words "coastal
aquaculture units" shall be substituted;
(ii) in clauses ( b) and ( c), for the word "farms", the word "units" shall
be substituted;
(iii) for clause ( d), the following clause shall be substituted, namely:—
"(d) to order removal or demolition of any coastal aquaculture
unit which is causing pollution after hearing the occupier of such
unit;";
(iv) after clause ( d), the following clauses shall be inserted, namely:—
"(da) to regulate or prohibit the number , species and method of
any coastal aquaculture in such area, as may be prescribed, through
planning and execution of such programmes, including aqua zonation
and aqua mapping for environmentally sustainable coastal aquaculture,
as may be notified by the Central Government;
(db) to fix or adopt standards, certify , monitor , regulate or prohibit
coastal aquaculture inputs, including probiotics, therapeutants and
such other inputs used in coastal aquaculture, as may be prescribed,
for the prevention, control and abatement of detriment to the coastal
aquaculture or coastal environment;
(dc) to fix or adopt standards, certify , monitor and regulate the
coastal aquaculture units, including coastal aquaculture activities
carried out in such units with biosecurity and close disease surveillance
to ensure freedom from disease, in such manner as may be prescribed;
(dd) to fix or adopt the standards for emission or discharge of
effluents from coastal aquaculture unit:
Provided that different standards for emission or discharge may
be fixed for different coastal aquaculture unit having regard to the
quality or composition of the emission or discharge of effluents from
such sources;
(de) to collect and disseminate information in respect of matters
relating to coastal aquaculture;";
(B) in sub-section ( 2), for the word "farm", at both the places where it occurs,
the word "unit" shall be substituted.
8. In section 12 of the principal Act,—
(a) for the words "land, pond, pen or enclosure", wherever they occur , the
word "unit" shall be substituted;Amendment
of section 11.
Amendment
of section 12.
(b) after the proviso, the following provisos shall be inserted, namely:—
"Provided further that the requirement of notice under the first proviso
may be waived by the Authority , in such cases and for such reasons to be
recorded in writing, as it deems fit:
Provided also that the owner shall be liable to pay the cost of demolition
and cost of damage to the environment, if any , assessed in such manner as
may be prescribed.".
9. After section 12 of the principal Act, the following section shall be inserted,
namely:—
"12A. The Authority may , by an order , prohibit the use, in any coastal
aquaculture activity of—
(a) such pharmacologically active substance, antimicrobial agent
or other material which may cause harm to human health as may be
prescribed; or
(b) aquaculture inputs containing such substance, agent or material
as may be specified under clause ( a).".
10. In section 13 of the principal Act,—
(i) in sub-section ( 1), for the word "farm", the word "unit" shall be
substituted;
(ii) in sub-section ( 3), the following proviso shall be inserted, namely:—
"Provided that the Authority may issue a certificate of registration for
carrying out coastal aquaculture on the land allotted or assigned by the
Government subject to such procedure and for such period, as may be
prescribed, but not exceeding the period specified under clause ( a) or
clause ( b), as the case may be.";
(iii) in sub-sections ( 4), (5) and ( 6), for the word "farm", wherever it occurs,
the words "coastal aquaculture unit" shall be substituted;
(iv) for sub-section ( 7), the following sub-section shall be substituted,
namely:—
"(7) In the case of a farm comprising more than two hectares of water
spread area and any other coastal aquaculture unit, no application for
registration to commence any activity connected with coastal aquaculture
shall be considered under sub-section ( 5) unless the Authority , after making
such inquiry as it thinks fit, is satisfied that registration of such coastal
aquaculture unit shall not be detrimental to the coastal environment.";
(v) in sub-section ( 8), with ef fect from the 16th December , 2005,—
(A) for clauses ( a) and ( b), the following clauses shall be substituted,
namely:—
"(a) no coastal aquaculture shall be carried on in the ecologically
sensitive areas or the geo-morphological features;Insertion of
new section
12A.
Amendment
of section 13.Prohibition of
certain
materials.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 7
(b) no coastal aquaculture, except hatchery , Nucleus Breeding
Centre and Brood Stock Multiplication Centre shall be carried on in
the No Development Zone in the case of sea, and in the buffer zone in
the case of creeks, rivers and backwaters;
(c) no coastal aquaculture, except seaweed culture, pen culture,
raft culture and cage culture activities shall be carried on in creek,
rivers and backwaters within the Coastal Regulation Zone:";
(B) for the Explanation , the following Explanation shall be
substituted, namely:—
'Explanation. —For the purposes of this sub-section,—
(i) "High Tide Line" means the line on the land up to
which the highest water line reaches during the spring tide;
(ii) the expressions "ecologically sensitive areas",
"geo-morphological features", "No Development Zone", "buffer
zone" and "Coastal Regulation Zone" shall have the same
meanings as defined in the Coastal Regulation Zone notification
issued under the Environment (Protection) Act, 1986.';
(vi) in sub-section ( 9), for the word "farm", wherever it occurs, the word
"unit" shall be substituted;
(vii) in sub-section ( 10),—
(a) for the word "farm", the words "coastal aquaculture unit" shall be
substituted;
(b) the following proviso shall be inserted, namely:—
"Provided that the Authority may condone the delay in making
application for renewal, subject to payment of such fee for renewal of
registration, as may be prescribed.";
(viii) in sub-section ( 11), for the word "farm", at both the places where it
occurs, the words "coastal aquaculture unit" shall be substituted;
(ix) after sub-section ( 11), the following sub-sections shall be inserted,
namely:—
"(12) The Authority may vary , amend or modify the certificate of
registration issued under this section, in such manner as may be prescribed.
(13) In the event of the certificate of registration issued under this
Act being defaced or mutilated or lost, the Authority may grant a duplicate
certificate, on payment of such fee and in such manner , as may be
prescribed.".
11. After section 13 of the principal Act, the following section shall be inserted,
namely:—
"13A. ( 1) The Authority may , by order , authorise any of ficer of the Authority
or the S tate Government or the Central Government, not below the rank of Assistant
Director of Fisheries in a District to function as authorised officer to exercise
such powers, to discharge such duties and perform such functions, as may be
specified in that order .29 of 1986.
Insertion of
new section
13A.
Authorisation
of officers.
(2) The Central Government may , by notification, authorise any of ficer of
the Authority or the S tate Government or the Central Government, not below the
rank of Under Secretary to the Government of India, to function as an adjudicating
officer , to adjudicate the penalties imposed under this Act.
(3) The Central Government may , by notification, authorise any of ficer of
the Authority or the S tate Government or the Central Government, not below the
rank of Deputy Secretary to the Government of India, to function as the Appellate
Authority , who may af firm, vary or set aside the order passed by the adjudicating
officer.
(4) The adjudicating of ficer or the Appellate Authority , shall, for the purposes
of dischar ging functions under this Act, have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect
of the following matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of documents;
(c) requisitioning any public record or document or copy of such record
or document from any office;
(d) receiving evidence on affidavits;
(e) issuing commissions for the examination of witnesses or documents.
(5) The adjudicating of ficer or the Appellate Authority shall be deemed to
be a civil court for the purposes of sections 345 and 346 of the Code of Criminal
Procedure, 1973.".
12. For section 14 of the principal Act, the following sections shall be substituted,
namely:—
"14. Where any person carries on coastal aquaculture or traditional coastal
aquaculture or causes the coastal aquaculture or traditional coastal aquaculture
to be carried on in contravention of any of the provisions of this Act or any rules
or regulations made thereunder or any guidelines or notifications issued thereunder ,
an officer authorised under section 13A shall take all or any of the following
actions, namely:—
(a) suspension or stoppage of any activity in a coastal aquaculture
unit for such period and in such manner as may be prescribed;
(b) imposition of penalty as specified in the Table below;
(c) removal or demolition of any structure;
(d) destruction of the standing crop therein;
(e) suspension or cancellation of registration for such period and in
such manner as may be prescribed.5 of 1908.
2 of 1974.
Substitution of
new sections
14 and 14A
for section 14.
Penalty for
carrying on
coastal
aquaculture in
contravention
of provisions
of Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 9
Sl
No.
(1)
1.
2.Coastal
Aquaculture/use
of prohibited
materials
(2)
Farm
Hatchery , Brood
Stock
Multiplication
Centre, Nucleus
Breeding Centre
or such other
coastal
aquaculture unitOffences
(3)
Non-
registration.
Non-
compliance
with the
provisions of
the Act,
rules,
regulations,
guidelines
and
notifications,
other than
non-
registration.
Non-
registration.
Non-
compliance
with the
provisions
of the Act,
rules,
regulations,
guidelines
and
notifications,
other than
non-
registration.First time
offence
(4)
Rupees
ten
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
five
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
fifty
thousand.
Rupees
twenty-
five
thousand.Second
time
offence
(5)
Rupees
fifteen
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
ten
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
seventy-
five
thousand.
Rupees
fifty
thousand.Third time
and
subsequent
offences
(6)
Rupees
twenty-
five
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
fifteen
thousand
per
hectare (or
fraction of
a hectare)
of water
spread
area.
Rupees
one lakh.
Rupees
one lakh.PenaltyTable
3. Use of materials
prohibited under
section 12AContravention
of the
provisions of
clause ( a) or
clause ( b) of
section 12A.Rupees
fifty
thousand.Rupees
seventy-
five
thousand.Rupees
one lakh.(1) (2) (3) (4) (5) (6)
14A. ( 1) Any person aggrieved by an order of the adjudicating of ficer may
within thirty days from the date on which the order is made, prefer an appeal to
the Appellate Authority:
Provided that the Appellate Authority may entertain any appeal preferred
after the expiry of the said period of thirty days, but before the expiry of ninety
days from the date aforesaid, if it satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
(2) No appeal under this section shall be entertained by the Appellate
Authority unless the appellant has at the time of filing the appeal deposited the
amount of penalty payable under the order appealed against:
Provided that on an application made by the appellant in this behalf, the
Appellate Authority may , if it is of the opinion that the deposit to be made under
this sub-section shall cause undue hardship to the appellant, by order in writing,
dispense with such deposit, either unconditionally or subject to such condition,
as it may deem fit to impose.
(3) On the receipt of an appeal under sub-section ( 1), the Appellate Authority
may, after holding such enquiry as it deems fit, and after giving the parties
concerned reasonable opportunity of being heard, confirm, modify or set aside
the order appealed against, and—
(a) if the sum deposited by way of penalty under sub-section ( 2)
exceeds the penalty directed to be paid by the Appellate Authority , such
excess amount shall be refunded to the appellant; or
(b) if the Appellate Authority sets aside the order imposing penalty ,
the whole of the sum deposited by the way of penalty shall be refunded to
the appellant.
(4) The decision of the Appellate Authority under this section shall be
final.".
13. After section 22 of the principal Act, the following section shall be inserted,
namely:—
"22A. Any cost which is due and not paid as provided for by or under this Act
and any sum directed to be recovered by way of penalty under section 14 shall be
recoverable in the same manner as an arrear of land revenue.".
14. In section 24 of the principal Act, in sub-section ( 2),—
(i) after clause ( a), the following clause shall be inserted, namely:—
"(aa) the powers to be exercised and the functions to be performed by
the nominated member under sub-section ( 3A) of section 4;";
(ii) after clause ( b), the following clauses shall be inserted, namely:—
"(ba) the manner of constitution of committees under sub-section ( 1) of
section 7A;
(bb) the number of persons in the committees, their functions, and the
terms and conditions of the committees under sub-section ( 2) of section 7A;Amendment
of section 24.Appeal.
Insertion of
new section
22A.
Arrears of cost
and penalty
recoverable as
arrears of land
revenue.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 11
(bc) the manner of appointment and the terms and conditions for
appointment of Secretary under sub-section ( 1) of section 9A;
(bd) the area in which the Authority may regulate or prohibit the
number , species and method of any coastal aquaculture under clause ( da)
of sub-section ( 1) of section 11;
(be) the other inputs used in coastal aquaculture under clause ( db) of
sub-section ( 1) of section 11;
(bf) the manner of certification, monitoring and regulation of the coastal
aquaculture units and the manner of carrying out coastal aquaculture
activities with biosecurity and close disease surveillance to ensure freedom
from disease in coastal aquaculture units under clause ( dc) of sub-section ( 1)
of section 11;";
(iii) in clause ( e), for the words "land, pond, pen or enclosure under that
section", the word "unit" shall be substituted;
(iv) after clause ( f), the following clauses shall be inserted, namely:—
"(fa) the manner of assessing the cost of damage to the environment
under the third proviso to section 12;
(fb) prohibition of such other material which may cause harm to human
health under clause ( a) of section 12A;
(fc) the procedure and period under the proviso to sub-section ( 3) of
section 13;";
(v) in clause ( j), after the word and figures "section 13", the words "and the
fee for renewal of registration under the proviso thereof" shall be inserted;
(vi) after clause ( j), the following clauses shall be inserted, namely:—
"(ja) the manner of varying, amending and modifying the certificate of
registration under sub-section ( 12) of section 13;
(jb) the fee for grant of duplicate certificate and the manner of granting
it under sub-section ( 13) of section 13;
(jc) the period and manner of suspension or stoppage of activity in a
coastal aquaculture unit under clause ( a) of section 14;
(jd) the period and manner for suspension or cancellation of
registration under clause ( e) of section 14;".
15. In section 25 of the principal Act, in sub-section ( 2), in clause ( d), for the word
"farms", the word "units" shall be substituted.
16. In section 27 of the principal Act,—
(a) for sub-section ( 1), the following sub-section shall be substituted, namely:—
‘(1) Notwithstanding anything contained in clause ( v) of sub-section ( 2)
of section 3 of the Environment (Protection) Act, 1986 or clause ( d) of
sub-rule ( 3) of rule 5 of the Environment (Protection) Rules, 1986, in the Coastal
Regulation Zone Notification or the Island Coastal Regulation Zone Notification
issued by the Government of India in the Ministry of Environment, Forest and
Climate Change, in exercise of the powers conferred under the said Environment
(Protection) Act, in the paragraph dealing with prohibited activities, after the last
sub-paragraph, the following proviso shall be inserted and shall always be deemed
to have been inserted with ef fect from the 19th day of February , 1991, namely:—
"Provided that nothing contained in this paragraph shall apply to
coastal aquaculture.".’;Amendment
of section 25.
Amendment
of section 27.
29 of 1986.
(b) in sub-section ( 2), the word "farm's" shall be omitted.
17. After section 27 of the principal Act, the following section shall be inserted,
namely:—
"28. (1) Where a coastal aquaculture and activities connected therewith has
been granted registration under this Act, then, notwithstanding anything contained in
clause ( v) of sub-section ( 2) of section 3 of the Environment (Protection) Act, 1986, or
clause ( d) of sub-rule ( 3) of rule 5 of the Environment (Protection) Rules, 1986 or in any
other law for the time being in force:—
(i) such registration granted under this Act shall prevail and remain valid;
(ii) such coastal aquaculture and activities connected therewith shall be a
permitted activity under the Coastal Regulation Zone Notification or the Island
Coastal Regulation Zone Notification issued under the Environment (Protection)
Act, 1986;
(iii) all registrations granted for coastal aquaculture and activities
connected therewith under this Act shall be valid permissions under the
applicable rules, regulations and notifications notified under the Environment
(Protection) Act, 1986 from time to time.
(2) The provisions of sub-section ( 1), and the provisions of sub-section ( 8) of
section 13 as amended retrospectively with ef fect from the 16th December , 2005 by the
Coastal Aquaculture Authority (Amendment) Act, 2023, shall have and shall be deemed
always to have effect for all purposes as if they had been in force at all material times,
and accordingly ,—
(i) notwithstanding anything contained in any judgment, decree or order
of any court, tribunal or other authority , any action taken or anything done or
purported to have been taken or done in accordance with the said provisions
shall be deemed to be, and always to have been, for all purposes, as validly and
effectively taken or done as if the said provisions had been in force at all material
times;
(ii) no suit or other proceeding shall be instituted, maintained or continued
in any court for any action taken or anything done or omitted to be done in
accordance with the said provisions; and
(iii) no enforcement shall be made by any court of any decree or order or
direction relating to removal or closure of any coastal aquaculture activity or
demolition of any structure connected therewith or relating to any action taken
or done or omitted to be done in accordance with the said provisions as if the
provisions of sub-section ( 1), and the amendments made in sub-section ( 8) of
section 13 had been in force at all material times.".
————
DR. REET A VASISHT A,
Secretary to the Govt. of India.Validation of
certain
provisions and
amendments
retrospectively .Insertion of
new section
28.
29 of 1986.
29 of 1986.
29 of 1986.
MGIPMRND—294GI(S3)—14-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.12 THE GAZETTE OF INDIA EXTRAORDINAR Y [PART II—S EC. 1]
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