4. Establishment of Authority and appointment of Chairperson and members.—(1) With effect
from such date as the Central Government may, by notification in the Official Gazette, appoint in this
behalf, there shall be established for the purposes of this Act an Authority to be called the Coastal
Aquaculture Authority.
(2) The head office of the Authority shall be at such place as the Central Government may decide.
(3) The Authority shall consist of the following members who shall be appointed by the Central
Government, namely:—
(a) the Chairperson who is, or has been, a Judge of a High Court;
(b) one member who is an expert in the field of coastal aquaculture;
(c) one member who is an expert in the field of coastal ecology nominated by the 1
[Ministry of
Earth Sciences] of the Central Government;
(d) one member who is an expert in the field of environment protection or pollution control
nominated by the 2
[Ministry of Environment, Forest and Climate Change] of the Central Government;
(e) one member to represent the 3
[Ministry of Agriculture and Farmers Welfare] of the Central
Government;
(f) one member to represent the 4
[Ministry of Commerce and Industry] of the Central
Government;
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[(fa) one member to represent the Ministry of Fisheries, Animal Husbandry and Dairying of the
Central Government;]
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[(g) one member to represent each of the coastal States and Union territories;]
7* * * *.
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[(3A) When the office of the Chairperson is vacant, the Central Government may, till the
appointment of a new incumbent to the said office, 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) The term of office of the Chairperson and every other member shall be three years.
(5) The salaries and allowances payable to, and the other terms and conditions of service of, the
members shall be such as may be prescribed.
5. Disqualifications for appointment as member.—A person shall be disqualified for being
appointed as a member if he—
(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a Corporation owned
or controlled by the Government; or
1. Subs. by Act 27 of 2023, s. 3, for “Department of Ocean Development” (w.e.f. 12-9-2023).
2. Subs. by s. 3, ibid., for “Ministry of Environment and Forests” (w.e.f. 12-9-2023).
3. Subs. by s. 3, ibid., for “Ministry of Agriculture” (w.e.f. 12-9-2023).
4. Subs. by s. 3, ibid., for “Ministry of Commerce” (w.e.f. 12-9-2023).
5. Ins. by s. 3, ibid. (w.e.f. 12-9-2023).
6. Subs. by s. 3, ibid., for clause (g) (w.e.f. 12-9-2023).
7. Clause (h) omitted by s. 3, ibid, (w.e.f. 12-9-2023).
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(e) has, in the opinion of the Central Government, such financial or other interest in the Authority
as is likely to affect prejudicially the discharge by him of his functions as a member.
6. Eligibility of member for reappointment.—Subject to sub-section (5) of section 4, any person
ceasing to be a member shall be eligible for reappointment as such member for not more than two
consecutive terms.
7. Meetings of Authority.—(1) The Authority shall meet at such times and places and shall observe
such rules of procedure in regard to the transaction of business at its meetings (including the quorum
thereat) as may be specified by regulations.
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[(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.]
(3) All questions which come up before any meeting of the Authority shall be decided by a majority
of votes of the members present and voting and in the event of an equality of votes, the Chairperson or in
his absence the person presiding, shall have and exercise a second or casting vote.
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[7A. Committees of Authority.—(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.]
8. Vacancy in Authority not to invalidate proceeding.—No act or proceeding of the Authority shall
be invalidated merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member of the Authority; or
(c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case.
9. Appointment of officers, consultants and other employees of Authority.—(1) For the purposes
of discharging its functions, the Authority shall appoint such number of officers and other employees as it
may consider necessary on such terms and conditions as may be specified by the regulations.
(2) The Authority may appoint, from time to time, any person as adviser or consultant as it may
consider necessary on such terms and conditions as may be specified by the regulations.
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[9A. Secretary of Authority.—(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;
1. Subs. by Act 27 of 2023, s. 4, for sub-section (2) (w.e.f. 12-9-2023).
2. Ins. by s. 5, ibid. (w.e.f. 12-9-2023).
3. Ins. by s. 6, ibid. (w.e.f. 12-9-2023).
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(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 covering all the activities of the Authority in the previous year;
(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.]
10. Authentication of orders and other instruments of Authority.—All orders, decisions and other
instruments of the Authority shall be authenticated under the signature of the Chairperson or any other
member or any officer of the Authority authorised by the Chairperson in this behalf.