23. Procedure to be followed by Fish Seed Inspector.
- (I) Whenever a Fish Seed Inspector intends to take sample of any fish seed of any notified kind or variety for analysis, he shall,-(a)give a notice in writing, then and there, of such intention to the' person from whom he intends to take sample;(b)except in special cases provided by rules made under this Act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits.(2)when samples of fish seed of any notified kind or variety are taken under sub-section (l) the Fish Seed Inspector shall,-(a)deliver one sample to the person from whom it has been taken;(b)send in the prescribed manner another sample for analysis to the Fish Seed Analyst for the area within which such sample has been taken;(c)send the remaining sample in the manner as may be prescribed to the Fish Seed Laboratory for analysis.(3)Where any fish farmer from whom the samples have been taken refuses to accept one of the samples, the Fish Seed Inspector shal1 send intimation to the Fish Seed Analyst of such refusal and thereupon the Fish Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Fish Seed Inspector who shall retain it for production in case legal proceedings are taken.(4)Where a Fish Seed Inspector takes any action under sub-section (1) of section 19,-(a)he shall use all powers in ascertaining whether or not the fish seed contravenes any of the provisions of the Act or the rules made thereunder and if it is ascertained that the fish seed does not so contravene, forthwith revoke the order passed under the said clause or as the case may be, take such aCtion as may be necessary for the return of the stock of the fish seed seized;(b)if he seizes the stock of the fish seed, he shall, as soon as may be, inform the Adjudicating Officer and take its order as to the custody thereof;(c)Without prejudice to the institution of penalty under this Act, if the alleged offence is such that the defect may be removed by the possessor of the fish seed, he shall on being satisfied that the defect has been so rectified, forthwith revoke the order passed under the said clause.(5)Where a Fish Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (I) of section 19, he shall give receipt to the persons concerned and inform the Adjudicating Officer and take his orders as to the custody thereof.
