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State of Andhra Pradesh - Section

Section 29 in THE ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY ACT, 2020

29. Powers, role and responsibilities of the Aquaculture Inspector -

(1)The Aquaculture Inspector may,-
(a)enter and search the premises in which Aquaculture Business Operations are being undertaken at all reasonable times, with such assistance, if any, when he/she receives any complaint or as prescribed or if he/she considers necessary, any place in which he/she has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any aquaculture input/aquaculture equipment/ aquaculture produce/ aquaculture service in respect of which the offence has been or is being committed, not to dispose of any stock of aquaculture inputs/aquaculture equipment/aquaculture produce/aquaculture service for a specific period not exceeding (7) seven days or, unless the alleged offence is such that the defect may be rectified by the possessor of the equipment/ product/ service, restrict the stock from being sold;
(b)take samples of aquaculture inputs/aquaculture equipment/ aquaculture produce -
(i)from any aquaculture inputs / aquaculture equipment manufacture unit/ aquaculture produce handling unit / storage facility, sale points from any person/firm selling or offering to sell such product / material; or
(ii)from any person who is in the course of conveying or delivering or preparing to deliver such product / material to a purchaser or a consignee; or
(iii)upon receipt of complaint, from any consignee or purchaser after delivery of such product/material to him/her by following procedure as prescribed.
(c)send such sample for analysis to the notified Laboratory as may be prescribed;
(d)examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he/she has any reason to believe that it may provide evidence of the commission of an offence punishable under this Act; and
(e)exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule made thereunder.
(2)Where any sample of any aquaculture inputs/ aquaculture equipment/aquaculture produce is taken under sub-clause (i) and (ii) of clause
(b)of sub-section (1), its cost, calculated at the rate at which such product/ material is usually sold shall be paid in cash to the person from whom it is being taken under proper cash bill/ invoice.
(3)The power conferred under this section includes power to break-open any facility/container in which any aquaculture inputs/aquaculture equipment/aquaculture produce may be contained or to collect such product/material from production unit/manufacturing unit/godown/warehouse/shop or any other place where any such product/ material may be kept for sale and distribution:Note: Provided that, the power under sub-section (3) shall be exercised only after the owner or any other person in occupation of the premises, if present, therein, refuses to allow collection of the sample on being called upon to do so.
(4)Where the Aquaculture Inspector takes any action under sub-section (3) , he/she shall, as far as possible, ask the Committee, designated for the purpose under rules of this Act, to be present at the time when such action proposed to be taken and take the signatures of the Committee members on a memorandum to be prepared in such form as may be prescribed.
(5)The authority shall have the powers exempt any aspect of any aquaculture business operations from the purview of Aquaculture Inspector depending on the nature of material handled in such Aquaculture Business Operations by framing rules under this Act.