Transfer of M.I. tanks from Panchayat Raj Department to Minor Irrigation Department

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Minor Irrigation Tanks – Transfer from Panchayat Raj Department to Minor Irrigation Department – Orders Issued.

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PANCHAYAT RAJ AND RURAL DEVELOPMENT (PROGS.I)DEPARTMENT

G.O.Ms.No.216,

Dated: 13-6-2005.

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O R D E R:

There are 66195 Minor Irrigation Tanks having ayacut of less than 40 ha in the State. Total ayacut for these tanks is 6.96 lakhs ha. Panchayat Raj Department is responsible for management and maintenance of these tanks.

During the District review meeting of Karimnagar District it was proposed that the management of all Minor Irrigation tanks shall be transferred from Panchayat Raj Department to Irrigation Department for revitalization and better management of these tanks to ensure their effective utilization for irrigation purposes.

After careful examination of the issue Government hereby order that all minor irrigation tanks under the control of Panchayat Raj Department shall be transferred to the Irrigation Department. However, the maintenance of all these tanks will be done through the Gram Panchayats concerned.

Irrigation Department is requested to take further necessary action.

(BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)

MOHAN KANDA

CHIEF SECRETARY TO GOVERNMENT

To,
The Prl. Secretary to Government Irrigation Department
The Prl. Secretary to Government Panchayat Raj & Rural Development Department The Engineer-in-Chief (Panchayat Raj) Hyderabad.
The Engineer-in-Chief (Irrigation) Hyderabad
Copy to
All District Collectors
Copy to All Spl. Chief Secretaries/Prl. Secretaries/Secretaries to Government Copy to Spl. Secretary to Chief Minister.
Copy to P.S. to all Ministers
Copy to P.S. to Chief Secretary to Government

// Forwarded by Order //

SECTION OFFICER

Amendment to G.O. 7 of Fisheries

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FISHERIES Department – Regulation of fresh water aquaculture – Amendment to G.O.Ms.No.7, dated 16.03.2013 – orders – issued.
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ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT

G.O.Ms.No. 8

Dated:25-03-2013

Read the following:

Ref: -1. G.O. Ms. No.18, AH,DD&F(FII)Dept., Dated. 03-04-2012.
2. GO. Ms. No.7, AH,DD&F(FII)Dept., Dated. 16-03-2013.
3. From the Commissioner of Fisheries, A.P. Hyderabad,Lr. No. 4588/P2/2010, dated. 18-03-2013.

* * *

ORDER:

In the circumstances reported by the Commissioner of Fisheries in the reference 3rd read above, the following amendment is issued to the reference 2nd(second)read above:

AMENDMENT

For the existing para-4 of the G.O 2nd read above, the following shall be substituted:

4. The Commissioner of Fisheries has sent comprehensive proposal vide reference 18th cited. The Government after careful examination of the proposal of the Commissioner of Fisheries and in supersession of the orders issued in the G.Os vide references 8, 9, 10, 11, 12 and 13 read above, hereby issue the following comprehensive and consolidated instructions and guidelines to consider the cases for regularization of existing un-registered fresh waster aqua-culture farms and also for registering new fresh water aqua-culture farms.

[Explanation:With this amendment, G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (FII)Department Dt.16.03.2013 supersede GO.Ms.No.83(12-09-2007), GO.Ms.No.24(09.04.2010), GO.Ms.No.47 (24.06.2010), GO.Ms.No.67(17-09-2011), GO.Ms.No.79(01-11-2011) and GO.Ms.No.18(03-04-2012)of AH,DD&F Dept.]

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner of Fisheries, A.P. Hyderabad.
All District Collectors/District Fisheries Officers through Commissioner of Fisheries.
Copy to:
The PS to Minister(AHDD F & VU).
The Environment, Forests, Science &amp Technology Department.
The Irrigation and Command Area Development Department.
The Finance Department.
The Law Department.
SF/SC.

// FORWARDED::BY ORDER //

SECTION OFFICER

Regulation of Fresh Water Aquaculture in the State

Government of Andhra Pradesh
ABSTRACT
FISHERIES Department – Regulation of Fresh Water Aquaculture in the State - Consolidated orders- Issued.
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ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT

G.O.Ms.No. 7

Dated:16-03-2013

Read the following:

1. The Coastal Aquaculture Authority Act,2005
2. Judgment dated 11-12-1996 of the Hon’ble Supreme Court of India in the case of S Jagannath vs Union of India
3. Judgment dated 26-07-2001 of the Hon’ble High Court of A.P. in the case of M Padma Rambabu vs The Dist Forest office Kakinada
4. Judgment dated 29-04-2011 of the Hon’ble High Court of A.P. in the case of Pulavarthy Ankaraju and others vs The Spl Chief Secretary, AH,DD & Fisheries, Government of AP, Hyderabad
5. The AP Agricultural Land (Conversion for non agricultural purposes)Act,2006
6. The AP Water Tax Act,1988
7. The AP Water, Land and Trees Act,2002
8. G.O.Ms No.83 AHDD& F Dept. dt.12-9-2007
9. G.O.Ms No.24 AHDD& F Dept. dt.9-4-2010
10. G.O.Ms No.47 AHDD& F Dept. dt.24-6-2010
11. G.O.Ms No.67 AHDD& F Dept. dt.12-9-2011
12. G.O.Ms No.79 AHDD& F Dept. dt.1-11-2011
13. G.O.Ms No.18 AHDD& F Dept. dt.3-4-2012
14. The AP Gazette Notification of Act No.16 of 2012 dt.14-5-2012
15. G.O.Ms.No.62, Law Dept., dated 14-5-2012
16. Minutes of the meeting of the Hon’ble Minister for AHDD&F, VU and Hon’ble Minister for Tourism& Culture dt. 13-6-2012 and 8-10-2012
17. From the Commissioner of Fisheries, Hyderabad, Letter No.4588/P2/2010, dt 22-6-2012
18. From the Commissioner of Fisheries, Hyderabad, Letter. No. 4588/P2/2010, Dt. 02-11-2012

ORDER:

1.  In the G.O. 8th read above, orders were issued constituting a District Level Committee (DLC) with the District Collector as the Chairman of the Committee for regularizing the existing fresh water aquaculture ponds and for registering new fresh water aquaculture ponds and the guidelines to be followed by the District Level Committee in view of the policy of the Government that fresh water aquaculture should not cause any detriment to the ecology and environment and also that aquaculture activities have to be regulated to protect the livelihood of various sections of people.

2.  In the meantime the Government of Andhra Pradesh has taken a decision to exempt lands converted to aquaculture from payment of NALA (Non-Agricultural Land Assessment) Tax vide the notification 14th cited.

3.  The Government have conducted series of meetings for hearing the grievances of the aqua farmers. During the meetings, suggestions were made to streamline the implementation of the guidelines for granting permissions for fresh water aquaculture and their renewal

4.  The Commissioner of Fisheries has sent comprehensive proposal vide reference 18th cited. The Government after careful examination of the proposal of the Commissioner of Fisheries and in supercession of the orders issued in the G.Os., vide references 8, 9, 10, 11 and 12 read above, hereby issue the following comprehensive and consolidated instructions and guidelines to consider the cases for regularization of existing unregistered fresh water aquaculture farms and also for registering new fresh water aquaculture farms:-

1. No person shall carry on fresh water aquaculture without registration in accordance with this order.
2. The District Level Committee shall be the Competent Authority to permit fresh water aquaculture by registration.
3. The District Level Committee shall consist of the following members to consider the applications in accordance with this order:-
   
   

   Sl.No.	Composition of the District Level Committee	Status
   1	District Collector	Chairperson
   2	Executive Engineer, Irrigation Department	Member
   3	Environmental Engineer, Pollution Control Board	Member
   4	Deputy Director, Ground Water Department	Member
   5	Joint Director of Agriculture	Member
   6	District Fisheries Officer	Member Convener
   7	Eminent Aqua Farmer	Member
   8	Eminent Agriculture Farmer	Member
   9	Eminent Environmentalist	Member

   
   
4. The Government shall nominate the members at Sl.No.7, 8 and 9 of the District Level Committee from time to time. Separate orders will be issued in this regard. Their tenure shall be 3 years.
5. The Member-Convener may invite the District Forest Officer for the District Level Committee meetings whenever forest lands are involved.
6. There will be no State Level Committee.

Contd.Page. 2

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7)  The DLC shall follow the following procedure:-

1. The applicant shall have a clear title of land in his name or shall be a lease holder of the land for a minimum period of five years.
2. Fertile agriculture lands shall not be permitted for conversion into fresh water aquaculture ponds except in cases where agriculture lands are less productive, fallow, low lying, prone to water logging, etc.
3. Salt pan lands, mangroves, wet lands, forest lands, casuarina plantations, grazing grounds for cattle, lands meant for village common purposes, lands meant for public purposes, ecologically sensitive areas like national parks, sanctuaries, marine parks, etc. shall not be used or converted for fresh water aquaculture.
4. Fresh water aquaculture is permissible by using water from irrigation canals, drainage channels (notified or non-notified), field channels, etc. which are not in the prohibited list of the Irrigation Department, by paying Water Cess as per the Andhra Pradesh Water Tax Act,1988.
5. The fresh water aquaculture farms should not obstruct natural drainage canals/ flood drains and cause flooding of low lying areas and villages.
6. While using common property resources like creeks, canals, etc. the traditional rights of the local communities should not be adversely affected.
7. Dykes or dams should not be constructed over common property resources like creeks, canals, etc. to the detriment of the interests of local communities or farmers.
8. Fresh water aquaculture farms should be located at least 10 meters from the nearest village(s)/ hamlet(s).
9. Fresh water aquaculture farms should maintain a minimum distance of at least 10 meters from the nearest drinking water source.
10. Fresh water aquaculture farms should maintain a minimum distance of at least 10 meters from burial grounds and places of worship.
11. There shall be a minimum distance of 3 meters between the fresh water aquaculture farm and the road margins.
12. There shall be a minimum distance of 3 meters between the fresh water aquaculture farm and neighboring agricultural lands.
13. Salinization of lands and drinking water table, etc. should be avoided by providing suitable buffer zones between agricultural lands, villages and aquaculture farms.
14. To prevent the aquaculture farm from causing seepage problems to neighboring agricultural lands, the owner or lessee of the aquaculture farm should construct and maintain a seepage channel between the fresh water aquaculture farm and the neighboring agricultural lands. Such a seepage channel can be created in the prescribed 3 meter gap between the farm and the neighboring agricultural lands.
15. To prevent groundwater depletion, no fresh water aquaculture farm shall be permitted to use water drawn from bore wells except for supplementing the losses from evaporation, seepage, etc.
16. Direct pumping of water from canals, rivers and reservoirs is not allowed. Indirect and harmless methods may be used.
17. The fresh water aquaculture farms shall follow the requirements of the Andhra Pradesh Water, Land and Trees Act, 2002, the Andhra Pradesh Water Tax Act, 1988, Water (Prevention & Control of Pollution) Act, 1974, the Wetlands Conservation Rules, etc. to prevent contamination or pollution of drinking water aquifers, etc. by seepage, percolation or otherwise.
18. The water spread area of a fresh water aquaculture farm shall not exceed 80 percent of the total area of the farm.
19. The farm shall ensure that the effluent quality at discharge point conforms to the specific standards prescribed by the Andhra Pradesh Pollution Control Board. The discharge of affluent shall meet the Surface Irrigation Standards as there is every possibility of using the same waste water let out into the drain for irrigation purpose in the downstream.
20. 7.20 All laws to protect the environment and ecology such as the Andhra Pradesh Water, Land and Trees Act, 2002, The Water (Prevention & Control of Pollution) Act, the Environment (Protection) Act, 1986, Wetlands Conservation Rules, etc. shall be followed.
21. The certificate of registration issued by the District Level Committee is to be exhibited in the premises of the farm and produced for checking whenever demanded by an Inspecting Officer
22. The Certificate of Registration is not transferable. After registration and also at any stage during the process of registration, if the land is sold to another, the registration or process of registration shall cease. If the buyer is interested in aquaculture he shall apply afresh for registration. In case of leased lands, if the lease expires during the term of registration, the registration shall lapse. Lapse of registration can be avoided only by extension of lease. But in case a lease expires, the new lessee, if he is interested in aquaculture, shall apply afresh for registration.
23. During the period of registration:
    1. The farmer should not make major and / or fundamental changes in layout, design, etc. unless prior approval of the District Level Committee is obtained.
    2. The farmer is permitted to carry out repairs, maintenance works and also any minor changes or adjustments required in view of changes in farming practices, introduction of new species, etc. without altering the fundamental design.
    3. Any addition of culture area to the existing registered farm area shall be treated as a new pond and the farmer has to apply afresh for the registration of this new area separately. However, reduction of culture area or capacity does not need any separate approval.
24. Environmental friendly and sustainable aquaculture management practices should be adopted.
25. All indigenous culturable species, unless prohibited by the Government can be cultured. Exotic species can be cultured only after obtaining relevant permissions from Competent Authorities.
26. The stocking densities for all species of aquaculture shall be in accordance with the norms indicated by the Government from to time.
27. Antibiotics and other pharmacologically active substances which are banned by Government of India and published in Gazette Notifications from time to time shall not be used for aquaculture.
28. Record of inputs used in the farm like seed, feed, chemicals, probiotics, medicines, etc. and harvest details, production details, name and address of the buyer of produce, etc. should be maintained and reported to the District Fisheries Officer concerned.
29. Objections of the neighboring agriculture lands/adjacent land holders shall be called for by publishing a notice of 15 days in the Notice Board of the District Fisheries Officer and then any objections received will be considered and disposed off by the District Level Committee before registration.
30. Any complaints received by the District Collector or the District Level Committee members regarding violations of the guidelines issued in this order shall be enquired into and disposed off by the District Level Committee subject to the control of the District Collector from time to time as per the procedure prescribed in the annexed guidelines.
31. A web based software application shall be developed for processing the applications for registration of aquaculture farms and the entire process shall be transacted online in future. A suitable database shall be maintained for this purpose. The responsibility for this activity shall vest with the Office of the Commissioner of Fisheries.

5.  This order covers both aquaculture farms and hatcheries and wherever the word ‘farm’ or ‘pond’ used the same shall apply to hatcheries also.

6.  The Commissioner of Fisheries, Hyderabad and the District Collectors concerned shall take all necessary actions accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

To,
The Commissioner of Fisheries, A.P. Hyderabad.
All District Collectors/District Fisheries Officers
through Commissioner of Fisheries.
Copy to:
The PS to Minister(AHDD F & VU).
The Environment, Forests, Science & Technology Department.
The Irrigation and Command Area Development Department.
The Finance Department.
The Law Department.
SF/SC.

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 3

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Annexure I to GO Ms No. 7---
Guidelines

A. REGISTRATION

1. Fresh water aquaculture activities can be carried on only after registration by the District Level Committee.
2. Fully or partly excavated / constructed aquaculture ponds and installations, whether or not carrying out aquaculture operations, whether abandoned or active, which are existing on or before the date on which this Government Order is issued are considered to be ‘existing’ aquaculture farms. ‘New’ aquaculture farms are those which are not ‘existing’ aquaculture farms.
3. All existing unregistered aquaculture farms which have not applied for regularization so far shall apply to the District Level Committee (DLC) through the District Fisheries Officer on or before three months from the date on which this Government Order is issued. Application shall be made in the prescribed form (Annexure II) and the applicant shall pay a processing fee of Rs. 200/- per acre and penalty of Rs. 500/- per acre (if applicable).
4. All the persons who wish to start new fresh water aquaculture farms shall apply to the District Level Committee through the District Fisheries Officer(DFO) and pay a processing fee of Rs.200/- per acre. In respect of applications for setting up new aquaculture farms the DLC will scrutinize the applications as per the guidelines issued in this order and place them before the DLC. The concerned officers of the DLC shall check documents and inspect in order to ensure compliance to the procedure prescribed under para 7 of the G.O specifically clauses (1) to (12) and if satisfied recommend to the District Collector for issuing a provisional registration. After approval by the District Collector a provisional registration is given whereupon the activity of excavation /construction /installation is permitted to be started. Subsequently, after completion of excavation/construction /installation the applicant shall apply again for final registration. The District Fisheries Officer will place them before the District Level Committee. The concerned officers of the DLC shall check documents and inspect in order to ensure compliance to the procedure prescribed under para 7 of the G.O specifically clauses (13) to (20). The final registration will be issued by the DLC only on satisfactory compliance with all the guidelines given in this order. Upon obtaining final registration the new farm can commence and carry on aquaculture activities.

   In cases considered to be unfit for approval for provisional registration or final registration by the District Collector the applications will be rejected outright or alternatively a Modification Order will be issued by the District Collector specifying the modifications to be carried out in the farm and the time limits within which such modifications shall be carried out. After the time given in the Modification Order lapses the concerned DLC Officers will inspect and report to the District Collector about the modifications based on which the District Collector will either give approval or rejection.

5. The District Fisheries Officer of the concerned District shall receive the applications from the existing unregistered fresh water aquaculture farms and scrutinize the applications with reference to the guidelines and place them before the District Level Committee (DLC). The District Level Committee after considering all aspects and arranging for inspections if needed shall place the applications before the District Collector & Chairman, District Level Committee, along with its recommendations for rejection or modification or approval, stating the reasons for approval or modification or rejection. The Chairman, District Level Committee, may approve them or order modifications or reject them stating the reasons for approval or modification or rejection.

In respect of modifications ordered, the instructions relating to modifications in Para 4 above shall be followed.

6. Those existing fresh water aquaculture farms which have already been registered need not apply for registration again. However, they have to file a Compliance Form (Annexure IV) with the District Fisheries Officer. The District Fisheries Officer will organize a compliance check by the District Level Committee after which in some cases the District Collector will issue a Modification Order (Annexure VI) directing that some modifications are to be carried out within specific time limits failing which his registration is liable to be cancelled.

In case the DLC finds that the farm has already complied with all the requirements the DLC will report to the Collector and the Collector issues a Compliance Note and the existing registration certificate continues to be valid and no fresh registration certificate needs to be given to the farm.

7. The DLC may arrange for inspections by dividing themselves into individuals or teams and by distributing the workload or by deploying other or additional Officers from the District or from other Districts and Offices as a special drive as organized by the District Collector. This is especially desirable in districts with large incidence of fresh water aquaculture like West Godavari District and Krishna District.
8. After the approval of the Collector & Chairman, District Level Committee, the certificates of registration will be issued in the prescribed form (Annexure-VII annexed to this GO) to the existing or new farms after which aquaculture activities can be commenced and carried on.
9. The registration issued by the DLC
   1. shall be valid for a period of five years;
   2. may be renewed from time to time for a like period; and
   3. shall be subject to the conditions mentioned therein.
10. The applications which are not in accordance with the guidelines issued in this order shall be rejected by the District Level Committee.
11. The applications which are already pending before the issue of this order will also be dealt with in accordance with this order.
12. The District Collector may organize periodic inspections of fresh water aquaculture farms to protect the ecology, environment and the livelihood of various sections of people. He may also organize inspections suo motu whenever he feels that they are required and also in the context of a complaint at his option.

Contd.Page. 4

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B. RENEWAL

1. A person who intends to renew the registration of an aquaculture farm may apply to the DLC through the District Fisheries Officer concerned, in the prescribed form (Form-D annexed to this GO) at least two months before the expiry of such registration and shall pay a processing fee of Rs 200/- per acre.
2. The District Fisheries Officer shall receive the application for renewal and go through the same process of registration in accordance with this order and after approval by the District Collector renew the registration by making an entry with seal on the registration certificate.
3. Renewal may be rejected for failure to utilize the farm for aquaculture purposes and / or for violation of the conditions of registration and/ or the rules made in this Government Order and / or relevant Government Orders issued from time to time in this regard. The applicant shall be given an opportunity of being heard and his points shall be considered before rejecting. In case of rejection the grounds for rejection shall be stated.
4. Once a person applies for renewal, even if he applies late (but not later than the last date of the period of registration) he is allowed to continue aquaculture operations during the pendency of his application, until the disposal of his application by renewal or modification or rejection. But if application for renewal is not filed even after the term of registration expires, the District Collector is free to take action against him as per paras 1,2 and 3 under the ‘Violations’ chapter, unless and until he files an application for renewal.

C. FEES:

1. As the provisions of the Andhra Pradesh Agriculture Land (Conversion for Non-Agricultural Purposes) Act, 2006, are not applicable to the lands used for Aquaculture as per section 7 (f) of the said Act , there is no need to apply for conversion of land use and therefore there is no need to pay Conversion Fee under the said Act by the Aqua farmers.
2. The applicant shall pay a processing fee of Rs.200 per acre for regularization of existing unregistered fresh water aquaculture farms or for registration of new fresh water aquaculture farms.
3. For all existing unregistered fresh water aquaculture farms, the applicant has to pay a penalty of Rs.500 per acre in addition to the processing fee of Rs.200 per acre for regularization of existing unregistered fresh water aquaculture farms.
4. The applicant shall pay a processing fee of Rs 200/- per acre for renewal.
5. The amount shall be remitted to the concerned District Fisheries Officer by Demand Draft.
6. The amount collected towards processing fee and penalty may be utilized by the District Fisheries Officer with the permission of the District Collector / chairman, DLC or the Commissioner of Fisheries for the following purposes:
   1. On visits or inspections of fresh water aquaculture farms in connection with registration, monitoring, studies etc. and matters connected therewith
   2. Meeting the expenditure for the Departmental Officers and farmers to attend workshops, awareness camps, exposure visits, trainings, exhibitions on aquaculture, etc.
   3. to sponsor events related to aquaculture which will improve the technical knowledge and skills of the farmers.
   4. Organizing meetings, awareness programs, etc.
   5. Collection, testing of samples and analysis at designated laboratories
   6. Printing of extension material on fresh water aquaculture
   7. Publicity and awareness through print and electronic media
   8. Demolitions, closure of ponds and other functions to be carried out by or under the orders of the District Collector / Chairman, DLC or the Commissioner of Fisheries
   9. Any other activity relevant to the field as directed by the District collector or the Commissioner of Fisheries

D. DELAYS

Delays by the Revenue Department for verification of land title or land lease shall not exceed 15 days. The applicant may appeal to the District Collector if the Revenue Department does not take action within 15 days and appeal to the Commissioner of Fisheries if the delay is more than 30 days. The overall processing time of the DLC shall be less than three months from the date of application. The District Collector shall initiate disciplinary action against the Officers who are responsible for delay in disposing of the applications for regularization, registration or renewal beyond three months from the date of application.

Contd.Page. 5

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E. VIOLATIONS

(1) The District Collector has the right to cancel the registration, if any registered fresh water aquaculture farmer violates the conditions of registration, fails to carry out modifications ordered within the specified time limits and/or violates the rules laid down in this Government Order and / or the Government Orders issued from time to time in this regard.

(2) Any fresh water aquaculture farm (existing or new), which is found to be operational after three months from the date on which this Government Order is issued without having applied for registration or renewal will be levied with a penalty of Rs 5,000/- per acre by the District Collector and its operations shall be closed forthwith by the District Collector. The penalty amount of Rs 5,000/- per acre shall be remitted by Demand Draft to the concerned District Fisheries Officer within 10 days.

(3) The District Collector shall take action to demolish the farm :

1. in case the owner/lessee does not apply or refuses to apply for registration even after the District Collector levies penalty and closes operations under para 2 above;
2. in case the farm continues to operate illegally even after the District Collector levies penalty and orders for closure of operations under para 2 above;
3. in case the farm operates illegally without carrying out modifications as ordered;

The District Collector will recover the costs of closure/ demolition from the owner under the Andhra Pradesh Revenue Recovery Act.

(4) In respect of the applications of the existing fresh water aquaculture farms which have been processed by the DLC in accordance with this order and then rejected, action will be taken by the District Collector to close their operations and demolish the farms and recover the costs of closure/ demolition from the owner under the Revenue Recovery Act.

(5) In respect of the applications of the new fresh water aquaculture farms which have been processed by the DLC in accordance with this order and then rejected, action will be taken by the District Collector to stop excavation/ construction/ installation or to demolish as is required in the case and recover the costs of closure/ demolition from the owner under the Andhra Pradesh Revenue Recovery Act.

(6) In respect of Compliance Forms filed by the existing and registered fresh water aquaculture farms which have been rejected by the District Collector after processing as per this order and farms which have not carried out modifications ordered within the specified time limit, action will be taken by the District Collector to cancel their registration, close their operations and demolish the farms and recover the costs of closure/demolition from the owner under the Andhra Pradesh Revenue Recovery Act.

(7) During the pendency of the application for registration of a new fresh water aquaculture farm if it is found that the farm has started excavation / construction/ installation before receiving provisional registration or that the farm has commenced operations before receiving final registration, the District Collector shall take action to close operations and / or demolish the farm.

Such closed or demolished farms can however apply for permission afresh as new units.uch closed or demolished farms can however apply for permission afresh as new units.

The workmen employed in the fresh water aquaculture farms which are closed or demolished in terms of this order shall be paid compensation by the owner as per the Government rules in force. Any additional compensation may also be arranged as applicable or feasible or as deemed fit by the District Collector to be paid by the owner of the farm. Contd..,uch closed or demolished farms can however apply for permission afresh as new units.

Aquaculture farms who have applied for permission and whose applications are pending shall not be closed or demolished.

F. POWERS OF THE COMMISSIONER OF FISHERIES

The Commissioner of Fisheries has the power to review the performance of the Collector & Chairman, DLC, to prevent delays by complying to desirable time lines and to ensure compliance to this order. He can call for records, inspect or depute Officers to examine records and inspect relevant places and intervene in the process at any stage suo motu or in response to a complaint, at his option. He has the power to order the cancellation of registrations, imposition of penalties, the closure of operations and demolitions in accordance with this order.

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //
SECTION OFFICER

Contd.Page. 6

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ANNEXURE II to GO Ms No.-----------
APPLICATION FORMS
FORM - A ,

Application for Registration of Existing Fresh Water Aquaculture Farm

DATE OF APPLICATION:
APPLICATION NO: (to be given by the DFO Office)

(1)	Name of the applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
(2)	Address for communication ( in BLOCK LETTERS)
(3)	Details of land for which registration is applied for a) District b) Mandal c) Revenue village d) Survey No e) Ownership right (whether free hold or leasehold, if leasehold specify the period of lease- from date to date) f) Total farm area g) Water spread area
(4)	Boundaries of the farm( North, South, East, West)
(5)	Category of the land a) Waste land b) Low productive agricultural land c) Prone to inundation d) Low lying area e) Water logged area f) Agricultural land
(6)	Water source for the aquaculture farm a) Irrigation canal b) Irrigation drain c) other source ( except bore well
(7)	Date of commencement of farm
(8)	Usage of bore water to supplement the evaporation a) Permission under the Andhra Pradesh WALTA Act. 2002. b) Depth of bore well c) Diameter of the bore well d) Yield/hour e) Capacity of the Motor
(9)	Whether seepage channel is provided.
(10)	Distance from the a) agricultural lands (in north, south, east and west directions) b) village/ hamlet c) drinking water source d) places of worship e) burial ground f) road margin
(11)	Culture aspects a) species of fish /prawn b) type of culture c) stocking densities d) feeding pattern e) duration of crop f) No of crops
(12)	Processing fee details
(13)	Other details, if any

Declaration by the Applicant

I/We…………………………………………………….Son/Daughter/Wife.of………………………………………………………….residing at…………………………………………hereby declare that the information furnished above is true to the best of my/our and behalf . I/We are fully aware that if it is found that the information furnished in the application is false or there is any deviation /violation of the conditions of registration or the guidelines or rules stipulated in the G.O.Ms.No. …………. or of the relevant Government Orders issued by Government from time to time, action as deemed fit may be taken against me/us.

SIGNATURE

Check List
(To be attached to the Application)

(1)  Copy of the land title deed in the name of the applicant (s) is attached.

OR
(in case of leased land) the lease deed is enclosed.

(2)  if bore water is used for supplementing the evaporation losses of water in the aqua farm , a copy of the permission letter from the competent authority under the Andhra Pradesh WALTA Act, 2002 is enclosed.
(3)  Layout plan of the aqua farm along with details mentioned in the application form at Column No.5 & 11 is enclosed.
(4)  Demand Draft towards processing fee in favour of District Fisheries Officer is enclosed.

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 7

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FORM - B
Application for Registration of New Fresh Water Aquaculture Farm (Provisional)

DATE OF APPLICATION:

APPLICATION NO: (to be given by the DFO Office)

(1)	Name of the applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
(2)	Address for communication ( in BLOCK LETTERS)
(3)	Details of land for which registration is applied for (a)District (b)Mandal (c) Revenue village (d)Survey No (e)Ownership right (whether free hold or leasehold, if leasehold specify the period of lease- from date to date) (f)Total farm area (g)Water spread area
(4)	Boundaries of the farm( North, South, East, West)
(5)	Category of the land a.Waste land b. Low productive agricultural land c)Prone to inundation d)Low lying area e)Water logged area f)Agricultural land
(6)	source for the aquaculture farm Water a) Irrigation canal b) drain c) other source ( except bore well)
(7)	Distance from the a)agricultural lands (in north, south, east and west directions) b)village/ hamlet c) drinking water source d)places of worship e)burial ground f)road margin
(8)	Processing fee details
(9)	Other details, if any

Declaration by the Applicant

I/We…………………………………………………….Son/Daughter /Wife.of……………………………………………………residing at……………………………………………….hereby declare that the information furnished above is true to the best of my/our and behalf. I/We are fully aware that if it is found that the information furnished in the application is false or there is any deviation /violation of the conditions of registration or the guidelines or rules stipulated in the G.O.Ms. No.........…......or of the relevant Government Orders issued by Government from time to time, action as deemed fit may be taken against me/us.

SIGNATURE

Check List
(To be attached to the Application)

1. Copy of the land title deed in the name of the applicant (s) is attached.

OR

(in case of leased land) the lease deed is enclosed.

2.Layout plan of the aqua farm along with details mentioned in the application form at column No.4&7 is enclosed.
3.Demand Draft towards processing fee in favor of District Fisheries Officer is enclosed.

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 8

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FORM - C.

Application for Registration of New Fresh Water Aquaculture Farm (Final)

DATE OF APPLICATION:
APPLICATION NO: (to be given by the DFO Office)

(1)	Name of the applicant/registered Company/ Establishment in BLOCK LETTERS with permanent address)
(2)	Address for communication ( in BLOCK LETTERS)
(3)	Details of land for which registration is applied for a)District b)Mandal c)Revenue village d)Survey No e)Ownership right ( whether free hold or leasehold, if leasehold specify the period of lease- from date to date) f)Total farm area g)Water spread area
(4)	Boundaries of the farm( North, South, East, West)
(5)	Usage of bore water to supplement the evaporation a)Permission under the Andhra Pradesh WALTA Act. 2002 b)Depth of bore well c)Diameter of the bore well d)Yield/hour e)Capacity of the motor
(8)	Whether seepage channel is provided.
(7)	Culture aspects a) species of fish /prawn b) type of culture c) stocking densities d) feeding pattern e) duration of crop f) No of crops.
(8)	Processing fee details
(9)	Other details, if any

Declaration by the Applicant

I/We …………………………………………………….Son/Daughter/Wife of ………………………………………………………….residing at ………………………………………….hereby declare that the information furnished above is true to the best of my/our and behalf . I/We are fully aware that if it is found that the information furnished in the application is false or there is any deviation /violation of the conditions of registration or the guidelines or rules stipulated in the G.O.Ms. No. ….. or of the relevant Government Orders issued by Government from time to time, action as deemed fit may be taken against me/us.

SIGNATURE

Check List
(To be attached to the Application)

1.If bore water is used for supplementing the evaporation losses of water in the aqua farm , a copy of the permission letter from the competent authority under WALTA Act, 2002 is enclosed

Layout plan of the aqua farm along with details mentioned in the application form at column No.6 is enclosed

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 9

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FORM D
APPLICATION FOR RENEWAL OF REGISTRATION OF FRESH WATER AQUACULTURE FARM

I, Sri (Name)……………….., (Address)……………………………., owner/ lessee of the registered fresh water aqualculture farm at (address of farm)……………………, with the Registration No………………., do hereby request that my registration may be renewed for a further period of 5 years.

SIGNATURE

DATE:

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

ANNEXURE III to GO Ms No.-----------
ACKNOWLEDGEMENT

Received Application No………. for registration of existing/ new fresh water aquaculture farm of Sri (Name)……………………………, (Address)…………….

OR

Received Compliance Form No………. for compliance check of existing fresh water aquaculture farm of Sri (Name)……………………………, (Address)…………….

SIGNATURE

DATE:

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 10

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ANNEXURE IV to GO Ms No.-----------
COMPLIANCE FORM

DATE OF FILING:
COMPLIANCE FORM NO: (to be given by the DFO Office)

(1)	Name of the owner/ lessee/ registered Company/ Establishment of the registered farm (in BLOCK LETTERS with permanent address)
(2)	Address for communication ( in BLOCK LETTERS)
	Registration No.
(3)	Details of land for which compliance is to be checked a) District b) Mandal c) Revenue village d) Survey No e) Ownership right,(whether free hold or lease) d) if, leasehold specify the period of lease (from date to date) g) Total farm area h) Water spread area
(4)	Boundaries of the farm( North, South, East, West)
(5)	Category of the land g) Waste land h) Low productive agricultural landbr i) Prone to inundation j) Low lying area k) Water logged area l) Agricultural land
(6)	Water source for the aquaculture farm e) Irrigation canal f) Irrigation drain g) other source ( except bore well)
(7)	Date of commencement of farm
(8)	Usage of bore water to supplement the evaporation a) Permission under the Andhra Pradesh WALTA Act. 2002 b) Depth of bore well c) Diameter of the bore well d) Yield/hour e) Capacity of the motor
(9)	Whether seepage channel is provided
(10)	Distance from the a)agricultural lands (in north, south, east and west directions) b)village/ hamlet c)drinking water source d)places of worship e)burial ground f)road margin
(11)	Culture aspects a)species of fish /prawn b)type of culture c)stocking densities d)feeding pattern f)duration of crop g)No of crops
(12)	Processing fee details
(13)	Other details, if any

Contd.Page. 11

- 11 -

I declare that the status of compliance to the requirements in my farm are as follows-

Sl. No.	Requirement	Complied	Not complied
(1)	Fertile agricultural land is not being used
(2)	The land being used as farm does not have- mangroves, wetlands, forest lands, casuarina plantations, salt pan lands, grazing grounds for cattle, lands meant for public purposes, ecologically sensitive areas like national parks, sanctuaries, marine parks,etc.
(3)	The farm does not obstruct natural drainage canals/ flood drains, creeks, etc.
(4)	There is more than 10 metres distance from the farm to the- - Nearest village(s)/ hamlet(s) - Nearest drinking water source - Burial ground - Places of worship
(5)	There is more than 3 metres distance from the farm to the- - Neighbouring agricultural lands - Road margins
(6)	Banned antibiotics and pharmacological substances are not being used
(7)	Record of inputs being used (seed, feed, medicines, etc.) is maintained
(8)	Permitted species of approved stocking densities are being cultured
(9)	Bore water is not being used except to supplement the losses from evaporation, seepage, etc.
(10)	The water spread area is not more than 80% of the total area of the farm
(11)	The farm has a facility to treat effluents to required standards before discharge as waste water

DATE:

SIGNATURE

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 12

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ANNEXURE V to GO Ms No.-----------
COMPLIANCE NOTE

The compliance status of the farm with Registration No………….. belonging to Sri (Name)………………….., (Address)…………………., is verified and it is found that the following requirements are complied with-

Sl. No.	Requirement
(1)	Fertile agricultural land is not being used
(2)	The land being used as farm does not have- mangroves, wetlands, forest lands, casuarina plantations, salt pan lands, grazing grounds for cattle, lands meant for public purposes, ecologically sensitive areas like national parks, sanctuaries, marine parks,etc.
(3)	The farm does not obstruct natural drainage canals/ flood drains, creeks, etc.
(4)	There is more than 10 metres distance from the farm to the- - Nearest village(s)/ hamlet(s) - Nearest drinking water source - Burial ground - Places of worship
(5)	There is more than 3 metres distance from the farm to the- - Neighbouring agricultural lands - Road margins
(6)	Banned antibiotics and pharmacological substances are not being used
(7)	Record of inputs being used (seed, feed, medicines, etc.) is maintained
(8)	Permitted species of approved stocking densities are being cultured
(9)	Bore water is not being used except to supplement the losses from evaporation, seepage, etc.
(10)	The water spread area is not more than 80% of the total area of the farm
(11)	The farm has a facility to treat effluents to required standards before discharge as waste water

Since the farm has already complied with all the requirements the existing registration certificate continues to be valid for its term and no fresh registration certificate needs to be given to the farm.

DATE:

SIGNATURE: (District Collector)

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 13

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ANNEXURE VI to GO Ms No.-----------
MODIFICATION ORDERS

The compliance status of the farm with Registration No………….. belonging to Sri (Name)………………….., (Address)…………………., is verified and it is hereby ordered that the following modifications relating to the farm shall be carried out within the specified time limits failing which the registration is liable to be cancelled.

Sl.No.	Modification	Time limit
1	2	3
(1)
(2)
(3)
(4)
(5)
(6)
(7)

DATE:

SIGNATURE: (District Collector)

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

ANNEXURE VII to GO Ms No.----------- CERTIFICATE OF REGISTRATION OF FRESHWATER AQUACULTURE FARM

Vide G.O Ms No……………………
Registration No:
Date:

The fresh water aquaculture farm of Shri/ Smt/M/s ……………………………….. Son/ Daughter/Wife of ………………………………… residing at ……………………………is registered by the Fisheries Department for a period of 5 years with effect from ………….. to ………..

DETAILS OF THE UNIT AND TECHNOLOGY TO BE FOLLOWED

1. Location of the Farm

- District

- Mandal

- Revenue Village

2.Survey No.

3.Area of the land

4.Total farm area

5.Total water spread area

6.Species to be cultured

7.Stocking density

8.No of crops per year

Place:

Signature of the authorized officer

DATE:

Seal of the Authority

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Contd.Page. 14

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CONDITIONS FOR THE FOR REGISTRATION OF FRESH WATER AQUACULTURE FARM

1. This certificate of registration is granted subject to the guidelines and rules stipulated in the G.O. Ms. No…………. dt……… and as per relevant Government orders issued by the Government from time to time. The District Collector/ Commissioner of Fisheries may cancel the certificate of registration in case of violation of the guidelines or rules as stipulated in the G.O. Ms. No……… or relevant Government Orders issued by the Government from time to time or the instructions/ conditions which are issued from time to time by the District Collector/ Commissioner of Fisheries. The owner of the fresh water aquaculture farm shall comply with such instructions/ conditions as may be issued from time to time.
2. This certificate of registration is not transferable
3. The certificate of registration issued by the DLC is to be exhibited in the premises of the farm and produced for checking whenever demanded by an inspecting officer.
4. Environmental friendly and sustainable aquaculture management practices should be adopted.
5. Antibiotics and other pharmacologically active substances which are banned by GOI and published in Gazette Notifications from time to time shall not be used for aquaculture.
6. During the period of registration:-
   1. The farmer should not make major and / or fundamental changes in layout, design, etc. unless prior approval of the DLC is obtained
   2. The farmer is permitted to carry out repairs, maintenance works and also any minor changes or adjustments required in view of changes in farming practices, introduction of new species, etc. without altering the fundamental design.
   3. Any addition of culture area to the existing registered farm area shall be treated as a new pond and the farmer has to apply afresh for the registration of this new area separately. However, reduction of culture area or capacity does not need any separate approval.

MANMOHAN SINGH

PRINCIPAL SECRETARY TO GOVERNMENT

// FORWARDED::BY ORDER //

SECTION OFFICER

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14

Skill Test for Fishermen

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

            Fisheries – Co-operatives – Conduct of Skill Test for Identification of members for organization of new Inland Fishermen Coop. Societies- Admission of members, elimination of bogus/ineligible members- Comprehensive guidelines – Orders -Issued.

______________________________________________________________________________________________________________

ANIMAL HUSBANDRY, DAIRY DEVELOPMENT & FISHERIES (F.II) DEPARTMENT

 GO Ms No. 74.                                                                                                                       Dated : 21 -10-2011. 

Read the following:

1) G.O.Ms. No. 98, Revenue Department, dated.22.01.64.
2) G.O. MS No.776,Food&Agriculture(Fish II) Dept. dated..31-12 1990.
3) Commissioner of Fisheries,Hyderabad,Circular Memo No.6232/I2/92, Dated:16.11.1992.
4) G.O.Ms No. 35, AHDD&F (Fish II) Department, Dated: 29-4-2003.
5) Cir. Memo No.182/I(1)/97, dated.30-1-1997 of the Director of Fisheries, Hyderabad.
6) Cir. Memo No.182/I(1)/97, dated. 13-12-1997 of the Director of Fisheries, Hyderabad.
7) Cir. Memo No.182/I(1)/97, Dated. 16-10-1998 of the Director of Fisheries, Hyderabad.
8) Minutes of the meeting conducted by Hon’ble Minister for AH,DD,F & VU on 23-07-2011.
9) From the Commissioner of Fisheries, Hyderabad , Lr No. 3001/I2/2011, dated 22 -09-2011.

 *** 

ORDER :

              The Government as leases out the tanks to inland fishermen’s coop societies as per the policy enunciated in the G.O. second read above, so that they can reap the benefit of use of public assets for their economic betterment and for their livelihood. These Fishermen’s Cooperative Societies are meant for the those members of weaker sections of the society who are actually eeking at a living by fishing activities as decided in the G.O first read above. The Government is keen to ensure that genuine fishermen are organized into societies. Despite several efforts made by the department right from 1992, to weed out bogus members, complaints are still being received that bogus members are still existing in many Fishermen Coop. Societies and also ineligible members are being continuously being made members denying membership to genuine fishermen.

 2.           The Director/Commissioner Fisheries, Hyderabad has constitute a three-men committee for conducting skill-test to identify the genuine fishermen from time to time. It is observed by the Government that comprehensive guidelines on skill test has not been issued due to which there is a lot of subjectivity in the conduct of skill test, with the result that several ineligible people got selected to the exclusion of the genuine fishermen in the formation of the societies.

 3.          This issue was discussed in the meeting of fishermen leaders/Managing Committee Members of Andhra Pradesh Fishermen Coop. Societies Federation Ltd., and Presidents of District Fishermen Coop. Societies on 23rd July, 2011 by Hon’ble Minister for AH,DD & Fisheries. The participants requested for removal of bogus members.

 (Contd…P.2)

 ::2::,

 4.           After careful examination of the proposal of Commissioner of Fisheries, Hyderabad and keeping in various suggestions and practical problems and with a view to do justice to the genuine fishermen, Government hereby issue the following procedure for constituting new Fishermen Coop. Society, bifurcation of existing societies and weeding out of bogus/ineligible members from existing Fishermen Coop. Societies and admissions of new members in the existing Fishermen Coop. Societies:

 A) THE THREE (3) MEN COMMITTEE -
              There shall be a three men committee to conduct the skill test comprising of the following:

1) Divisional Coop Officer (official member)
2) President, Dist Fishermen’s Coop society (non official member)
3) District Fisheries Officer or the Divisional Assistant Director of Fisheries (Convenor/official member)

              In the ITDA areas one officer nominated by the Project Officer, ITDA will be the additional member.

 B) ELIGILBITY OF APPLICANTS FOR UNDERGOING THE SKILL TEST

           Persons belonging to 30 fishermen communities ( as included in the G.O.first read above, Gangaputra community is also fishermen community as it is another name of Besta community -G.O.Ms No. 1793, Education Dept Dated 23-09-1970) and engaged in fishing should be considered for the skill test. Only persons living in the village (s) in the area of operation of the society are eligible. Other conditions of eligibility/disqualification as mentioned at 4(a), 4(b) of the model bye-laws of the Fishermen Coop. Societies and Sec 19 and 21 of the A.P.Coop.Societies Act, 1964 shall be followed scrupulously.

           Their residential status is to be verified with the ration card, Adhar Card, Voter Identity card, Residence and Caste Certificates issued by concerned authorities etc. As per G.O. first read above, only Cooperative Societies composed of 30 communities (and Gangaputras) given in the annexure of this G.O are eligible for taking tanks on lease/ on rentals fixed by competent authorities. Since Fishermen Coop. Societies of other communities are not covered under G.O. first read above (and under BSO 211 referred in the said GO) and also in G.O. Second read above. They will not be eligible for leasing of fishery rights at reasonable rentals. (Fishermen includes Fisherwomen also.)

 C) TESTS TO BE CONDUCTED:
  The following tests will invariably be conducted by the committee:

::3::

  D) ADVANCE INTIMATION OF DATE, TIME AND VENUE OF THE SKILL TEST:- The Dist Fisheries Officer shall give communication about the date, time and venue well in advance to the applicants and other concerned by beat of tom-tom, notice in Gram Panchayat and other public places in the village (including hamlets if any) and obtain an acknowledgement from the chief promoter and Sarpanch.

  E) OBSERVER : An officer by the Commissioner of Fisheries, Hyderabad, not below the rank of Assistant Director, will be deputed as Observer for the skill test process. The skill test shall be conducted by the above mentioned committee in the presence of the Observer and fishermen elders of the village. It will be the responsibility of the Observer to ensure presence of majority of the fishermen elders of the area of operation of the FCS and conduct of skill test in fair and transparent manner.

  F) VIDEO RECORDING : The entire process of conducting the skill test shall be video-graphed in the presence of the Observer. The District Fisheries Officer shall submit a soft copy of the video recording along with the proposal.

  G) SELECTION OF APPLICANTS: At the first instance all those applicants from the communities listed in the G.O 1st read above (and Gangaputras), who possess the skills (as per the five tests prescribed above) and residing in the area of operation of the proposed (of existing society in case of bifurcation) Society, and not ineligible as per 4 (b) of model bye-lawas, Sec 19 and 21 of APCS Act 1964 should be provisionally selected. If the number of such skilled applicants is more than the viability norm (one ha / beneficiary) the following selection process should be adopted in order of priority :

(i) Poorest of the poor (POP) among the applicants. (POP list is available with the IKP / SERP officials)

(ii) Even after the above step , if the number is still more than the norm of one hectare water spread area per member, the age criteria should be followed eliminating people of higher age group to start with (for example 60 years to be eliminated in preference to 50 years and so on). The District Fisheries officer shall send the proposal for the formation of the Fishermen’s Cooperative Society along with the video recording and proceeding of the three men committee to the Commissioner of Fisheries. The Observer shall submit his report on the entire selection process independently to Commissioner of Fisheries.

  (H) SCHEDULED TRIBAL AREAS: In the Agency areas (Scheduled tribal areas) of the state, the rights of the local tribals have to be protected. The Project Officers of ITDAs shall nominate one senior officer of ITDA in the Skill test committee as an additional member. If local tribals are not skilled in fishing, they should be imparted training and selected to form tribal fishermen cooperative societies. The commissioner of Fisheries shall not accept any proposal for formation of Fishermen Coop. Societies in Agency areas if the proposal is not routed through concerned Project Officer, ITDA.

  (I) WEEDING OUT OF THE INELIGIBLE/DECEASED MEMBERS:- It shall be the responsibility of the President of the FCS to bring to the notice of the District Fisheries Officer by 31st Dec. of every year about members of the society who have become ineligible as per Sec 21 of A.P.Coop. Societies Act, 1964 and Byelaw and 4(b) of Model Bye-law of Fishermen Coop. Societies such as - becoming member of any other similar society / weaker section society (dual membership), getting employment in government/private firms, migration outside the area of operation of the society, and also about those who have died (the details are given below). (Contd..P.4)

::4::

          The District Fisheries Officer shall enquire in to such cases and ensure that the society removes such ineligible / deceased members before granting Fishing Rights to the society for the next Fasli year from first July every year. The District Fisheries Officer shall also ensure that any eligible applicant, if applied before cutoff date of 31st Dec and tested for eligibility as per procedure mentioned above, is made member by the society before granting fishing rights for the next Fasli year. If any society refuses to weed out ineligible persons and admit eligible fishermen as member, fishing rights should be denied to such societies for the next Fasli year or till ineligible members are removed and eligible members are made as members of the society constituted for such water resource. The competent authority shall take action as per provisions of Sec. 64 of A.P.Coop.Societies Act, 1964 also.

  (J) Complaints of Bogus membership: In cases of complaints about any bogus members in the society, the procedure prescribes in GO Ms 35, AH DD & Fisheries department, dated 29-04-2003 shall be followed. No fishing rights shall be issued to such societies till the bogus members are removed by the society and eligible members are admitted as per procedure mentioned in paras above. The fishing rights issued for a particular fasli year shall not be withdrawn or suspended in the middle of the year basing on the complaint that there are bogus members in the society. Such problems shall be sorted out as per steps mentioned above before the fishing rights are issued for the next fasli year. Other conditions of ineligibility for membership into Fishermen Coop. Societies are violation of Section 21 of the A.P.Coop.Societies Act, 1964 and bye-laws of the Fishermen Coop. Societies which are reproduced as below: Section 21. Disqualification of membership of society :

1. (1) A person shall be disqualified for being admitted as, and for being a member, if he
1. is an applicant to be adjudicated, an insolvent or is an undischarged insolvent or is not eligible for membership under Section 19; or
2. has been sentenced for any offence involving moral turpitude, such sentence not having been reversed and a period of three years has not elapsed from the date of expiration of the sentence, or
3. is a paid employee of the society or of its financing bank or of any society for which it is the financing bank; or
4. has been expelled from membership under this Act and a period of one year has not elapsed from the date of such expulsion; or
5. is carrying on business of such kind as the Registrar may by general or special order, declare to be a business which is in conflict with the objects or interests of the society; or
6. According to Section 19 (1) (A), only such of those persons, who are eligible as per the bye-laws formulated for each Cooperative Society shall be eligible. The Commissioner of Fisheries has prescribed Model Bye-laws for adoption by every Fishermen Cooperative Society, before it is formally constituted
7. fails to attend two consecutive General Body meetings in two years without leave of absence; or
8. fails to give information relevant to him to the society as specified in the bye-laws.

(Contd…P.5)

::5::

(2) As per Bye-law No.4 (a) any person who is desirous of fishing in the water bodies within the area of operation of FCS, as specified in Bye-law No.1 and is so certified by the Three Men Skill Test Committee of the concerned district, that the proposed member possess required fishing skills and that his main occupation of livelihood is fishing and who is competent to contract and is residing in the area of operation of society shall be eligible for admission as a member of the society subject to the provisions of sub-clause 4(b).

(3) According to 4 (b) of the Bye-law, no person is eligible to become a member, if he is otherwise employed which includes self-employment.

(4) As per Section 16(5) of APCS Act, 1964, the Registrar/Commissioner of Fisheries should issue directions to the Dy. Director of Fisheries / Ex-Officio Jt. Registrar of Cooperative societies and Asst. Director of Fisheries / Ex Officio Dy. Registrar of Cooperative Societies concerned to insert 4 (a) and 4 (b) in model bye-laws of existing Fishermen Cooperative Societies under the A.P.C.S. Act, 1964 on the above lines by 31st Dec. 2011 if not done already.

5. The District Fisheries Officers should give wide publicity to the provisions of this order among the fishermen and the existing Fishermen Coop. Societies.
6. These orders will come into force with immediate effect.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

S.BHALE RAO                    
SPECIAL CHIEF SECRETARY TO GOVERNMENT

To The Commissioner of Fisheries, AP, Hyderabad.
All District Fisheries Officers (through the Commissioner of Fisheries, Hyderabad)
The Commissioner, Panchayat Raj, Hyderabad. The Commissioner, Tribal Welfare, Hyderabad.
The Commissioner for Cooperatives and the Registrar of Coop. Societies, Hyderabad.
The Chief Executive Officer, SERP, Hyderabad
All District Collectors in the State. } (through the Commissioner of Fisheries,
All Project Officers, ITDAs in the State. } Hyderabad.)

//forwarded :: by order//

SECTION OFFICER.

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