TACS Act 16

Section 16 · Procedure to be followed by Aquaculture Seed Inspector

(1)

Whenever an Aqua-culture Seed Inspector intends to take sample of any Aqua-culture seed of any notified kind or variety for analysis, he shall,-

(a)

give 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 any Aqua-culture seed of any notified kind or variety are taken under sub-section (1) the Aqua-culture 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 Aqua-culture Seed Analyst for the area within which such sample has been taken; and

(c)

send the remaining sample in the prescribed manner to the State Aqua-culture Seed Laboratory for analysis as and when required under sub-section (2) of section 17.

(3)

If the person from whom the samples have been taken refuses to accept one of the samples, the Aquaculture Seed Inspector shall send intimation to the Aquaculture Seed Analyst of such refusal and thereupon the Aqua Culture 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 Aqua-culture Seed Inspector who shall retain it for production in case legal proceedings are taken.

(4)

Where an Aqua-culture Seed Inspector takes any action under clause (c) of sub-section (1) of section 13,-

(a)

he shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of section 12 and if it is ascertained that the 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 seed seized;

(b)

if he seizes the stock of the seed, he shall, as soon as may be, inform a Court and take its order as to the custody thereof;

(c)

without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall on being satisfied that the defect has been so rectified, forthwith revoke the order passed under the said clause.

(5)

Where an Aqua-culture Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (1) of section 13, he shall as soon as may be, inform a Magistrate and take his orders as to the custody thereof.

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