11. Functions of Authority.—(1) Subject to any guidelines issued by the Central Government under
section 3, the Authority shall exercise the following powers and perform the following functions,
namely:—
(a) to make regulations for the construction and operation of 1
[coastal aquaculture units] within
the coastal areas;
(b) to inspect coastal aquaculture 2
[units] with a view to ascertaining their environmental impact
caused by coastal aquaculture;
(c) to register coastal aquaculture 2
[units];
3
[(d) to order removal or demolition of any coastal aquaculture unit which is causing pollution
after hearing the occupier of such unit;]
4
[(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:
1. Subs. by Act 27 of 2023, s. 7, for “aquaculture farms” (w.e.f. 12-9-2023).
2. Subs. by s. 7, ibid., for “farms” (w.e.f. 12-9-2023).
3. Subs. by s. 7, ibid., for clause (d) (w.e.f. 12-9-2023).
4. Ins. by s. 7, ibid. (w.e.f. 12-9-2023).
8
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;]
(e) to perform such other functions as may be prescribed.
(2) Where the Authority orders removal or demolition of any coastal aquaculture 1
[unit] under
clause (d) of sub-section (1), the workers of the said 1
[unit] shall be paid such compensation as may be
settled between the workers and the management through an authority consisting of one person only to be
appointed by the Authority and such authority may exercise such powers of a District Magistrate for such
purpose, as may be prescribed.
12. Power to enter.—Subject to any rule made in this behalf, any person generally or specially
authorised by the Authority in this behalf, may, wherever it is necessary to do so for any purposes of this
Act, at all reasonable times, enter on any coastal aquaculture 2
[unit] and—
(a) make any inspection, survey, measurement, valuation or inquiry;
(b) remove or demolish any structure therein; and
(c) do such other acts or things as may be prescribed:
Provided that no such person shall enter on any coastal aquaculture 2
[unit] without giving the
occupier of such aquaculture 2
[unit] at least twenty-four hours' notice in writing of his intention to do so.
3
[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.]
4
[12A. Prohibition of certain materials.— 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).]
13. Registration for coastal aquaculture.—(1) Save as otherwise provided in this section, no person
shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal
aquaculture in the traditional coastal aquaculture 5
[unit] which lies within the Coastal Regulation Zone
referred to in sub-section (9) and is not used for coastal aquaculture purposes on the appointed day unless
he has registered his 5
[unit] with the Authority under sub-section (5) or in pursuance of sub-section (9), as
the case may be.
(2) Notwithstanding anything contained in sub-section (1), a person engaged in coastal aquaculture,
immediately before the appointed day, may continue to carry on such activity without such registration
for a period of three months from that day and if he makes an application for such registration under
sub-section (4) within the said period of three months, till the communication to him of the disposing of
such application by the Authority.
(3) The registration made under sub-section (5) or in pursuance of sub-section (9)—
(a) shall be valid for a period of five years;
(b) may be renewed from time to time for a like period; and
1. Subs. by Act 27 of 2023, s. 7, for “farm” (w.e.f. 12-9-2023).
2. Subs. by s. 8, ibid., for “land, pond, pen or enclosure” (w.e.f. 12-9-2023).
3. Ins. by s. 8, ibid, (w.e.f. 12-9-2023).
4. Ins. by s. 9, ibid, (w.e.f. 12-9-2023).
5. Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).
9
(c) shall be in such form and shall be subject to such conditions as may be specified by the
regulations.
1
[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.]
(4) A person who intends to carry on coastal aquaculture shall make an application for registration of
his 2
[coastal aquaculture unit] before the Authority in such form accompanied with such fees as may be
prescribed for the purpose of registration under sub-section (5).
(5) On receipt of an application for registration of a 2
[coastal aquaculture unit] under sub-section (4),
the Authority shall consider the application in the prescribed manner and after considering the application
either register the 2
[coastal aquaculture unit] or reject the application:
Provided that the Authority shall not reject the application without recording the reason for such
rejection.
(6) The Authority shall, after registering a 2
[coastal aquaculture unit] under sub-section (5), issue a
certificate of registration in the prescribed form to the person who has made the application for such
registration.
3
[(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.]
(8) Notwithstanding anything contained in this section,—
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[(a) no coastal aquaculture shall be carried on in the ecologically sensitive areas or the geomorphological features;
(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:]
Provided that nothing in this sub-section shall apply in the case of a coastal aquaculture farm which is
in existence on the appointed day and to the non-commercial and experimental coastal aquaculture farms
operated or proposed to be operated by any research institute of the Government or funded by the
Government:
Provided further that the Authority may, for the purposes of providing exemption under the first
proviso, review from time to time the existence and activities of the coastal aquaculture farms and the
provisions of this section shall apply on coastal aquaculture farms in view of such review.
5
[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 (29 of 1986).]
1. Ins. by Act 27 of 2023, s. 10, (w.e.f. 12-9-2023).
2. Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).
3. Subs. by s. 10, ibid., for sub-section (7) (w.e.f. 12-9-2023).
4. Subs. by s. 10, ibid., for clauses (a) and (b) (w.e.f. 16-12-2005).
5. Subs. by s. 10, ibid., for Explanation (w.e.f. 16-12-2005).
10
(9) Notwithstanding anything contained in this section, any traditional coastal aquaculture 1
[unit]
which lies within the Coastal Regulation Zone declared by the notification of the Government of India in
the Ministry of Environment and Forest (Department of Environment, Forests and Wildlife) No.
S.O.114(E), dated the 19th February, 1991 and is not used for coastal aquaculture purposes on the
appointed day shall be registered under sub-section (5) by producing before the Authority, by the person
who is the owner of such 1
[unit], the documentary proof of such ownership failing which such 1
[unit]
shall not be registered under sub-section (5) and if such person after such registration does not utilise such
1
[unit], within one year, for coastal aquaculture purposes, the registration shall be cancelled by the
Authority.
(10) A person, who intends to renew the registration of a 2
[coastal aquaculture unit] made under
sub-section (5) or in pursuance of sub-section (9), may make an application within two months before the
expiry of such registration to the Authority in the prescribed form accompanied with the prescribed fees
and the Authority shall, after receiving such application, renew the registration and for such purpose make
an entry with its seal on the registration certificate relating to such form issued under sub-section (6).
3
[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.]
(11) The Authority may refuse to renew the registration of a 2
[coastal aquaculture unit] under
sub-section (10) if the Authority is satisfied that the person to whom such registration is made has failed
to utilise such 2
[coastal aquaculture unit] for coastal aquaculture purposes or without any reasonable cause
has violated any provision of this Act or the rules or regulations made there under or any direction or
order made by the Authority in pursuance of section 11:
Provided that such refusal to renew the registration shall not be made without providing such person
an opportunity of being heard.
Explanation 1.—For the purposes of this section, “appointed day” means the date of establishment of
the Authority.
Explanation 2.—For the removal of doubts, it is hereby declared that the expression “to renew the
registration” used in sub-sections (10) and (11) shall be construed to include further renewal of the
registration.
3
[(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.]
4
[13A. Authorisation of officers.—(1) The Authority may, by order, authorise any officer of the
Authority or the State 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.
(2) The Central Government may, by notification, authorise any officer of the Authority or the State
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 officer of the Authority or the State
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 affirm, vary or set aside the order passed by the
adjudicating officer.
1. Subs. by Act 27 of 2023, s. 10, for “farm” (w.e.f. 12-9-2023).
2. Subs. by s. 10, ibid., for “farm” (w.e.f. 12-9-2023).
3. Ins. by s. 10, ibid, (w.e.f. 12-9-2023).
4. Ins. by s. 11, ibid, (w.e.f. 12-9-2023).
11
(4) The adjudicating officer or the Appellate Authority, shall, for the purposes of discharging
functions under this Act, have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 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 officer 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 (2 of 1974).]
1
[14. Penalty for carrying on coastal aquaculture in contravention of provisions of Act.— 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.
Table
Sl.
No.
Coastal
Aquaculture/use
of prohibited
materials
Offences Penalty
First time
offence
Second time
offence
Third time and
subsequent
offences
(1) (2) (3) (4) (5) (6)
1. Farm Non-registration. Rupees ten
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 twentyfive thousand
per hectare (or
fraction of a
hectare) of
water spread
area.
Non-compliance
with the provisions
of the Act, rules,
regulations,
guidelines and
notifications, other
than nonregistration.
Rupees five
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 fifteen
thousand per
hectare (or
fraction of a
hectare) of
water spread
area.
1. Subs. by Act 27 of 2023, s. 12 for section 14 (w.e.f. 12-9-2023).
12
2. Hatchery,
Brood Stock
Multiplication
Centre, Nucleus
Breeding
Centre or such
other coastal
aquaculture unit
Non-registration. Rupees fifty
thousand.
Rupees
seventy-five
thousand.
Rupees one
lakh.
Non-compliance
with the provisions
of the Act, rules,
regulations,
guidelines and
notifications, other
than nonregistration.
Rupees twentyfive thousand.
Rupees fifty
thousand.
Rupees one
lakh.
3. Use of materials
prohibited
under section
12A
Contravention of the
provisions of clause
(a) or clause (b) of
section 12A
Rupees fifty
thousand.
Rupees
seventy-five
thousand.
Rupees one
lakh.
14A. Appeal. —(1) Any person aggrieved by an order of the adjudicating officer 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.]
15. Cognizance of offence.—No court shall take cognizance of an offence under section 14 without a
written complaint filed by an officer of the Authority authorised in this behalf by it.