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State of Kerala - Section

Section 19 in Kerala Fish Seed Act, 2014

19. Powers of Fish Seed Inspector.

(1)The Fish Seed Inspector may,-
(a)enter and search the hatcheries and fish seed farm at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing to the person in possession of any fish seed in respect of which the offence has been or is being committed, not to dispose of any stock of such fish seed for a period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the fish seed and restrict the stock of such fish seed from being sold;
(b)take samples of any fish seed of any notified kind or variety from,
(i)any 'hatchery' or 'fish seed farm' or any person selling or offering to sell such fish seed; or
(ii)any person who is in the course of conveying or delivering or preparing to deliver such fish seed to a purchaser. or a consignee; or
(iii)a purchaser or a consignee after delivery of such fish seed to him
(c)send such sample for analysis to the Fish Seed Analyst for the area within which such sample has been taken;
(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 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 the rules made thereunder.
(2)Where any sample of any fish seed of any notified kind or variety is taken under clause ( a) of sub-section (1), its cost, calculated at the rate at which such fish seed is usually sold to the public, shall be paid on demand to the person from whom it is taken.
(3)The power conferred by this section includes power to break-open any container in which any fish seed of any notified kind or variety may be contained or to collect the fish seed from hatchery or pond where any such fish seed may be kept for sale:Provided that the power to collect the fish seed from hatchery or fish seed farm under sub-section (3) shall be exercised only if the owner 'or any other person in charge of it present therein, refuses to allow collection· of the fish seed from hatchery or fish seed farm on being called upon to do so.
(4)Where the Fish Seed Inspector takes any action under clause
(a)of sub-section (1), he shall, as far as possible, call not less than two persons to be present at the place where such action is taken and take their signatures on a memorandum to be prepared in such form as may be prescribed.
(5)The Fish Seed Inspector shall report the matter to the Adjudicating Officer in writing in the manner as may be prescribed.
(6)The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.