Title : THE COASTAL AQUACULTURE AUTHORITY ACT, 2005
Year : 2005
The Chairperson and other members and the officers and other employees of the Authority and the authority appointed by the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Central Government or the Authority or the Chairperson and other members of the Authority or the authority appointed by the Authority or any person authorised by the Authority or any officer authorised by the Chairperson for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation or order made thereunder.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) The guidelines under section 3;
(b) The salaries and allowances payable to, and the other terms and conditions of service of, the members under sub-section (5) of section 4;
(c) The other functions of the Authority under clause (e) of sub-section (1) of section 11;
(d) The powers of a District Magistrate to be exercised by the authority under sub-section (2) of section 11;
(e) The rules subject to which any person referred to in section 12 may enter upon any coastal aquaculture land, pond, pen or enclosure under that section;
(f) The other acts or things under clause (c) of section 12;
(g) The form of application and the fees to be accompanied therewith under sub-section (4) of section 13;
(h) The manner of considering application under sub-section (5) of section 13;
(i) The form of certificate of registration under sub-section (6) of section 13;
(j) The form of application and the fees to be accompanied therewith under sub-section (10) of section 13;
(k) The form and time of preparing budget under section 18;
(l) The form and time of preparing annual report under section 19;
(m) The books of account and other books to be maintained in relation to the accounts of the Authority and the form and manner of maintaining such books of account and other books under sub-section (1) of section 20;
(n) Any other matter which is required to be, or may be, prescribed.
(1) The Authority may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:-
(a) The times and places of the meetings of the Authority and the rules of procedure to be observed in regard to the transaction of business at its meetings (including quorum thereat) under sub-section (1) of section 7;
(b) The terms and conditions of appointment of the officers and other employees under sub-section (1) of section 9;
(c) The terms and conditions of appointment of adviser or consultant under sub-section (2) of section 9;
(d) For the construction and operation of coastal aquaculture farms within the coastal areas under clause (a) of sub-section (1) of section 11;
(e) The form and conditions of registration under clause (c) of sub-section (3) of section 13;
(f) Generally for better regulation of the coastal aquaculture.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(1) Notwithstanding anything contained in clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) or clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, in the notification of the Government of India in the Ministry of Environment and Forests (Department of Environment, Forests and Wildlife) No. S.O. 114(E), dated the 19th February, 1991 (hereafter referred to in this section as the said notification), in paragraph 2, after sub-paragraph (xiii), the following sub-paragraph shall be inserted and shall always be deemed to have been inserted with effect from the 19th day of February, 1991, namely:-
"(xiv) Nothing contained in this paragraph shall apply to coastal aquaculture.".
(2) The said notification shall have and shall be deemed always to have effect for all purposes as if the foregoing provisions of this section had been in force at all material times and accordingly notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, no coastal aquaculture carried on or undertaken or purporting to have been carried on or undertaken shall be deemed to be in contravention of the said notification and shall be deemed to be and to have always been for all purposes in accordance with law, as if the foregoing provisions of this section had been in force at all material times and notwithstanding anything as aforesaid and without prejudice to the generality of the foregoing provisions, no suit or other proceeding shall be maintained or continued in any court for the enforcement of any direction given by any court of any decree or order directing the removal or closure of any coastal aquaculture farms activity or demolition of any structure connected there under which would not have been so required to be removed, closed or demolished if the foregoing provisions of this section had been in force at all material times.
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