The Coastal Aquaculture Authority Act, 2005

Summary of the Coastal Aquaculture Authority Act, 2005
Key Aspects
1. Regulatory Framework & Authority Functions
• Authority's Role:
• Regulates coastal aquaculture to prevent environmental detriment (Section 3).
• New Addition: The Central Government has the power to supersede the Authority, with the period of supersession vesting in the Central Government (Section 3, implied from new context).
• Reconstitution or Extension: After the supersession period, the Central Government may either extend the supersession period or reconstitute the Authority (Section 3).
2. Governance and Administration
• Authority Composition: Detailed in Section 4, including a Chairperson (a High Court Judge) and various expert members from different Ministries.
• Term and Conditions: Three-year term for members, with specified disqualifications (Sections 4 and 5).
• Emergency Governance: Provision for a nominated member to exercise Chairperson's powers during vacancy (Section 4(3A)).
3. Powers of the Central Government
• Supersession and Reconstitution: Explicit power to supersede and subsequently reconstitute the Authority (Section 3).
• Direction and Oversight: Can issue directions on policy matters to the Authority (Section 25).
4. Miscellaneous Provisions
• Public Servant Status: Members, officers, and employees are deemed public servants (Section 31).
• Protection of Action: Good faith actions are protected from legal proceedings (Section 32).

Legislative History:

The Coastal Aquaculture Authority Act, 2005

Short Title The Coastal Aquaculture Authority Act, 2005

Act Number / Year Act No. 24 of 2005

Act ID (India Code) 200524

Presidential Assent Date June 23, 2005

Enforcement Strategy Section 27: Enforced at once (June 23, 2005)

Remaining Provisions: December 16, 2005

Nodal Ministry Ministry of Fisheries, Animal Husbandry and Dairying

Precedent & Supreme Court Directives

1. The S. Jagannath v. Union of India (1997) Supreme Court Mandate:

o In response to public interest litigation concerning environmental degradation of coastal areas due to intensive commercial shrimp farming, the Supreme Court of India directed the central government to constitute an authority to regulate coastal aquaculture and protect fragile coastal ecosystems.

2. Interim Aquaculture Authority (1997–2005):

o Prior to the 2005 Act, an interim Aquaculture Authority was established via executive notification in 1997 under directions of the Supreme Court. A dedicated permanent statutory framework was required to place the regulatory regime on a robust legislative footing.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Ministry of Agriculture (Department of Animal Husbandry and Dairying) to regularize sustainable coastal farming practices and replace the interim executive body.

• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament during the monsoon session of 2005.

• Presidential Assent: Received Presidential Assent on June 23, 2005, entering the statute book as Act No. 24 of 2005.

• Enforcement: Brought into active operation on December 16, 2005.

• Source: Official Records of Parliament, India Code, and Ministry of Fisheries, Animal Husbandry and Dairying