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Union of India - Section

Section 7 in The Coastal Aquaculture Authority Rules, 2005

7. Power to enter on any coastal aquaculture land.

- The powers of a person authorised by the Authority to enter on any coastal aquaculture land, pond, pen or enclosure shall be subject to the following:-
(i)[ All shrimp hatcheries in the coastal areas as defined in the Act need to be registered by the Coastal Aquaculture Authority;] [Substituted by Notification No. G.S.R. 895(E), dated 23.11.2015 (w.e.f. 22.11.2005).]
(ii)the Authority's decisions to make any inspection, survey, measurement, valuation or inquiry as well as removal; or demolition of any structure, shall be intimated to the owner of the coastal aquaculture land, pond, pen or enclosure or his/her representative at least 24 hours in advance in writing and delivered to him/her by registered post or by messenger. In addition such notice shall also be pasted at a prominent place in the premise of the coastal aquaculture farm. In case of refusal by the owner to accept the notice, such pasting shall be deemed to be due service of the notice on him;
(iii)the activities mentioned in the Section 12 of the Act shall be carried out in the presence of the owner or his/her representative if he desires to do so. The owner may also be permitted to bring his/her own staff (not more than two) to assist in the inspection, survey, measurement valuation or inquiry;
(iv)removal or demolition of any structure should be carried out under a panchnama and wherever possible a representative of the local body should be included in the team and his/her signature recorded in the panchnama;
(v)the person(s) authorised by the Authority to perform the functions as mentioned under clauses (a) and (b) of Section 12 of the Act shall do so only during the day time i.e., after sunrise and before sunset;
(vi)the person(s) authorised by the Authority to perform the functions under clause (a) Section 12 of the Act shall endeavour that such functions are carried out without causing any damage to the civil structures, equipment, machinery or the standing crop.