MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi, the 6th February, 1997
(as amended up to 1.8.2000)
S.O.88(E).—In exercise of the powers conferred by sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the said Act), the Central Government hereby constitute an authority known as Aquaculture Authority to deal with the situation created by the shrimp culture industry in the coastal States and Union Territories consisting of the following members for a period of four years and six months from the date of publication of this notification in the Official Gazette, namely :-
"(1) Justice G.Ramajunam -- Chairperson
(Retired Judge of the Madras High Court)
(2) Dr. G.R.M. Rao, -- Member
Director, Central Institute of Brackish Water
Aquaculture, Egmore, Chennai - expert in the field of
(3) Prof. R.C. Das --Member
Retired Chairman, Orissa Pollution Control Board,
Bhubaneshwar – expert in the field of pollution control.
(4) Dr. Satish Chandra -- Member
Retired Director, National Institute of Hydrology,
New Delhi - expert in the field of environment protection.
(5) Shri V.Rajagopalan, -- Member
Joint Secretary - representative of the Ministry of
Environment and Forests, New Delhi.
(6) Dr. K. Gopakumar, -- Member
Dy.Director General (Fisheries), Indian Council of
Agricultural Research - representative of the Ministry of
(7) Shri V.Venkatesan --Member
Director, Marine Products Export Development Authority,
Cochin - representative of the Ministry of Commerce.
(8) Shri M.K.R. Nair, --Member Secretary
Fisheries Development Commissioner,
(Department of Animal Husbandry and Dairying)"
- The Authority shall exercise the following powers and perform the following functions, namely: -
- exercise of powers under section 5 of the Environment (Protection) Act, 1986 for issuing directions and for taking measures with respect to matters referred to in clauses (v), (vi), (vii), (viii), (ix) and (xii) of sub-section (2) of section 3 of the said Act;
- to ensure that no shrimp culture pond can be constructed or set up within the Coastal Regulation Zone and upto 1000 m of Chilka lake and Pulicat lake (including bird sanctuaries namely, Yadurapattu and Nelapattu);
- to ensure and give approval to the farmers who are operating traditional and improved traditional systems of aquaculture for adoption of improved technology for increased production;
- to ensure that the agricultural lands, salt pan lands, mangroves, wetlands, forest lands, land for village common purposes and the land meant for public purposes shall not be used or converted for construction of shrimp culture ponds;
- the Authority shall implement the "Precautionary Principle" and the "Polluter Pays Principle", by adopting the procedure described in the Supreme Court order dated 11.12.1996 passed in the Writ Petition (Civil) No. 561 of 1994;
- the Authority shall also regulate the shrimp culture activities outside the Coastal Regulation Zone areas and beyond 1000 m from the Pulicat lake and Chilka lake and also give the necessary approvals/authorization by the 30th April 1997.
- the Authority in consultation with expert bodies like National Environmental Engineering Research Institute, Central Pollution Control Board, respective State Pollution Control Boards shall frame Scheme/Schemes for reversing the damage caused to the ecology and environment by pollution in the coastal States and Union Territories;
- the Authority shall ensure the payment of compensation to the workmen employed in the shrimp culture industries as per the procedure laid down in the Supreme Court Order dated 11.12.96 passed in the Writ Petition (Civil) No. 561 of 1994;
- to comply with the relevant orders issued by the concerned High Courts and Supreme Court from time to time;
- to deal with any other relevant environment issues pertaining to coastal areas with respect to shrimp culture farming, including those which may be referred to it by the Central Government in the Ministry of Environment and Forests.
- The jurisdiction of the Authority shall cover all the coastal States and Union territories.
- The Scheme/Schemes framed by the Authority for reversing the damage caused due to the pollution in the coastal States and Union Territories shall be executed by the respective State Governments and Union Territory Administrations under the supervision of the Central Government.
- The Authority shall function under the administrative control of Government of India in the Ministry of Agriculture, with its headquarters at Chennai (Tamilnadu)
- The terms and conditions of appointment of the Chairperson and Members shall be as determined by the Central Government from time to time.
Foot Note: The principal notification was published vide No. S.O.88 (E), dated the 6th February 1997 in Part II, Section 3, Sub-section (ii) of the Gazette of India Extraordinary. Subsequently amended vide No. S.O.173 (E), dated 7.3.1997, No. S.O.421 (E), dated 30.5.1997, S.O.493 (E), dated 8.7.1997, No. S.O.774 (E), dated 10.11.1997, No. S.O.99 (E) dated 4.2.1998, S.O.1125 (E) dated 30.12.1998, S.O.80 (E) dated 5.2.1999, S.O 623 (E) dated 3.8.1999, S.O 562(E) dated 8.6.2000 and S.O 709 (E) dated 1.8.2000.