(Act No. 8 of 27)
[November 8, 21]
In the context of international transport of fisheries, fisheries and beneficial organisms, legislation made to prevent the infiltration and spread of pathogens within Bangladesh and to regulate the regulation of fisheries and fisheries, import controls and related anomalies for the protection of fisheries.
In the context of international transport of fisheries, fisheries and beneficial microbes, it is prudent and necessary to make provisions on fisheries and fisheries quarantine, import controls and related anomalies to prevent the infiltration and spread of pathogens within Bangladesh;
Therefore, the law is hereby made as follows: –
The first chapter is
Short title and introduction
- (3) This Act shall be called Fisheries Prohibition Act, 20.
(2) It shall be effective immediately.
- Unless there is anything repugnant in the subject or context, under this Act-
(1) “import” means the legal importation of goods from any other country by water, land or sky into Bangladesh;
(2) “import permit” means the import permit issued under section 4;
(4) “importer” means any person, organization, organization, organization, proprietor, consignee or agent who is willing to import or import a product into Bangladesh;
(3) “beneficial germ” means any common insect or fungicide, such as fungi, bacteria, nematodes, viruses, viruses, or other non-vertebrate animals, which are beneficial for suppressing pathogenicity of fish or for producing commercially valuable fisheries, which are produced by the government, and by the government. Declared beneficial for;
(4) “prescribed” means prescribed by rules;
(3) “controlled area” means the regulated area declared under section 4;
(3) “packing goods” means any products used for packing, holding or preserving fisheries, fisheries and beneficial organisms;
(3) “criminal procedure” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);
(3) “conveyance” means any type of mechanical or non-mechanical or animal or human-powered vehicle capable of transporting fishes, fisheries and beneficial organisms or packing products from one place to another on the water, ground or sky;
(4) “Rule” means the rules made under this Act;
(3) “Fisheries” means Cartilaginous and Bony Fishes of all kinds, fresh and shrimp prawn and shrimp, amphibians, tortoises, tortoises, crocodiles (Amphibians). Crocodile, Crustacean, Snail or Molluscs, Echinoderms, Frogs / Toad, and any steps in their organism and life cycle and, by government, from time to time, government Announcement, by notification in the Gazette Other aquatic animals;
(12) “fisheries” means the products or processed or by-products of any fisheries;
(3) “fisheries authority” or “authority” means the fisheries department in accordance with the provisions of section 4;
(3) “Fisheries Quarantine Officer” means the Fisheries Quarantine Officer appointed under section 4;
(3) “Infected” means the presence of harmful pathogens in a particular fishery, fishery, beneficial germ or packing product;
(4) “Quarantine” means the separation of fisheries, fisheries, pesticides or packing products for the purpose of importation to prevent the spread or spread of fisheries diseases, and at any place or yard designated by the Government for examination, as determined by the Internal Fisheries Officer. Confined) to hold.
- In any other law for the time being, whatever the provisions of fisheries quarantine, the provisions of this Act shall prevail.
Chapter two is the
Fisheries Authority and its functions
- For the purpose of this Act, the Directorate of Fisheries shall be deemed to be the Fisheries Resistance Authority.
Powers and functions of authority
- The powers and functions of the Authority shall be as follows: –
(a) To control the import of fisheries, fisheries, beneficial germs or packing products to prevent the spread and spread of pesticides in Bangladesh from other countries;
(B) inspect and supervise the consignment of fisheries, fisheries, beneficial organisms or packing products that are on international transport, which may be used as a means of transporting harmful pathogens;
(C) to inspect fisheries, fisheries-containing germs or packing products, inspect warehouses and its interiors and take legal measures to prevent the spread and spread of pathogens;
(D) to carry out cleansing activities for the disposal of fisheries, fisheries or beneficial organisms and their containers, packing products, conservation or transport of pathogens;
(E) taking necessary measures to declare an infected area as a controlled area;
(F) regularly review and update the list of banned or conditioned fisheries, fisheries, beneficial organisms in Bangladesh for the purpose of updating and harmonizing fisheries protection systems;
(G) conducting surveys, surveillance and fisheries research activities on pesticides in Bangladesh;
(H) to share technical information, opinions and reports with international, regional or other national fisheries organizations and to be aware of the latest developments in the conservation and quarantine of fisheries, fisheries or beneficial organisms;
(I) to follow and implement the international agreements, protocols, conventions, etc., which are part or signatory of Bangladesh in relation to fisheries protection and to follow, manage and coordinate fisheries biodiversity conservation activities; And
(j) to perform any other duties assigned by the Government.
Handing over power
- (4) The Director General of the Department of Fisheries may exercise all powers of the Authority under this Act.
(2) For the purposes of this Act, the Authority may delegate any of its powers to the Fish Quarantine Officer.
Appointment of fisheries quarantine officers and employees, etc.
- (3) The Government may appoint a number of fisheries quarantine officers and employees as required under the Directorate of Fisheries for the smooth functioning of the functions provided under this Act.
(2) The terms of service of the Fish Quarantine Officer and Employee appointed under sub-section (1) shall be determined by the rules.
(4) Unless the appointment of fisheries officer and other employees under sub-section (1), any officer and employee nominated by the Government from among the officers of the fisheries department shall perform the duties and functions as fisheries officers and employees.
The third section
Prohibition or restriction of the import of fisheries, fisheries or beneficial organisms.
- (1) The import policy prohibited by the Government Imports and Exports (Control) Act, 1950 (Act No.XXXIX of 1950) may, on the condition specified, cause any fisheries, fisheries or beneficial organisms or diseases to be transmitted to human beings, its import is prohibited, limited or Can control in any other way.
(2) To fulfill the purpose of this Act, the fisheries officer has the power to impose the restrictions imposed by the customs officer in the Customs Act, 1969 (Act No. IV of 1969) for the import of any fisheries, fisheries or beneficial germs and packing products. Can do
- (3) Without an import permit, an importer may not import any fisheries, fisheries, beneficial germs or packing products inside Bangladesh.
(2) Any fisheries, fisheries, beneficial germs or packing products must be imported through the designated port.
(3) The Government may, from time to time, by notification in the official Gazette, determine the conditions of import or exemption from fisheries, fisheries, beneficial germs or packing products.
Issuance, amendment, revocation, etc. of import permit
- (4) For the import permit, in the prescribed procedure and form, the application shall be made to the authority and the rules and forms approved by the Government may be applied till the rules are framed.
(2) Upon receipt of an application under sub-section (1), the Authority may, in the prescribed manner and condition, issue the import permit.
(3) The Authority may, for reasonable reasons, revoke or suspend or modify the license of the imported import.
Inspection, examination and collection of samples, etc.
- (3) The Fisheries Resistance Officer may inspect, examine and collect samples of imported fisheries, fisheries, beneficial germs or packing products, vehicles, warehouses and their interiors, and, if necessary, take exempt measures in a refined, prescribed manner.
(2) Upon the orders of the Fisheries Resistance Officer, the person carrying or warehousing or warehousing of the fishery, fisheries, pesticides or packing products or the person in charge of the vehicle shall be bound to inspect the concerned warehouse, vehicle and its interior and to refine it if necessary.
(4) The importer shall be obliged to allow the examination and collection of imported goods, as required by the Fisheries Quarantine Officer.
- The fisheries, fisheries, beneficial germs or packing products under the aegis of the Fisheries Officer may not be transferred or opened without a container:
provided , however, that provision shall be relaxed for the discharge of duty officer.
Detection of infected fisheries, fisheries or beneficial organisms
- In violation of the provisions of this Act, fisheries, fisheries or beneficial organisms imported into Bangladesh, or fisheries, fisheries, beneficial organisms or packing products transported from one part of Bangladesh to another, which are suspected or infected as pathogenic, Disallow access will be granted.
Explanation.- For the purpose of this section, “transit” means any fishery, fisheries, beneficial germs or packing products when crossing Bangladesh from one country to another.
Fisheries, fisheries or beneficial germ control for quarantine
- For the purposes of this Act, the Fisheries Quarantine Officer shall be under the control of all fisheries, fisheries or beneficial insecticides, confiscated or seized, and he may, in the prescribed manner, take necessary measures for the quarantine of such fisheries, fisheries or beneficial organisms.
Settlement of assets, expenditure, etc.
- (3) The Fisheries Resistance Officer may take any necessary measures to confiscate, destroy, remove, purify or protect the health of fisheries, fisheries, beneficial germs or packing products seized under section 4.
(2) If any goods other than those which are to be destroyed under sub-section (1) are forfeited, they may be sold at a public auction or by any other commercially viable means.
(4) The money received by sale under sub-section (2) must be deposited in the state treasury.
(3) The Fisheries Quarantine Officer shall notify the importer or, in the case of the owner, with regard to the seizure of fisheries, fisheries or beneficial germs or packing products under section 4 and the action taken under sub-section (1).
(3) The importer shall bear all the expenses incurred in purifying or removing or destroying the goods seized under sub-section (1).
Announcement to the Fish Quarantine Officer
- (3) If any person receives any fishery, fishery, beneficial germ or packing products from outside Bangladesh without his consent or disagreement, he and the officer in charge of the concerned port authority shall make a declaration to the nearest fisheries quarantine officer.
(2) The Fisheries Resistance Officer shall, upon examination of the goods mentioned in sub-section (1), take action to dispose of it or dispose of it in accordance with the provisions of section 4.
Chapter four is to
limit and eliminate fish pathogens
Containment or Eradication of Fisheries
- The Government may, by notification in the official Gazette, limit any fisheries, fisheries or beneficial organisms, genetically modified organisms, alien invasive species, germs, germs, or other species, by notification in the official Gazette, for the purpose of limiting or eliminating fisheries. Pathogenic and proliferative, its penetration, erosion Prohibit or impose restrictions on land, sale, cultivation, breeding or transportation.
Declared as infectious pathogens
- (4) If any harmful pathogen is suspected for fish production, beneficial germ or natural environment, or if any harmful pathogen has spread to Bangladesh, it is considered necessary or necessary to limit and eliminate such harmful pathogens. , By notification in the official Gazette, infects the pathogen Mock can be declared as a germ.
(2) In the event of receiving infectious pathogens known or supposed to be infectious pathogens in a pond, dighi or any type of reservoir or in any courtyard, the owner or owner of the respective reservoir or arena shall notify the nearest fisheries quarantine officer.
Declaration of infected area as a controlled area and conduct fisheries quarantine activities
- The Government may take the following actions to conduct fisheries activities, namely: –
(a) the area infected by harmful pathogens or the area suspected of being infected, by notification in the official Gazette, the declaration as a controlled area;
(B) to declare the infected pond, dighi or any kind of reservoir or any courtyard or pond suspected to be infected, to be declared a controlled area for contraception and to take necessary measures for the protection of fisheries;
(C) eliminating or limiting the disinfestation or disinfection of infectious germs; controlling or controlling the spread of harmful pathogens in the controlled area’s fisheries, fisheries, beneficial germs or packing products or their vehicles or warehouse areas.
(D) if it is not possible to immediately eliminate or limit any harmful microbes by adopting fisheries protection measures under clause (c), the disposal of fisheries, fisheries, or aquaculture, in partial or whole areas of the infected area, shall be seen to the fisheries quarantine officer. And to control and to continue such restrictions, restrictions and controls Time specifications.
- Officers of Bangladesh Police, Rapid Action Battalion (RAB), Bangladesh Customs, Bangladesh Coast Guard, Border Guard Bangladesh, Postal Department, Port Authority, Civil Aviation Authority, Roads and Highways Department, Bangladesh Railways, Shipping Agencies and all similar organizations are against the law. Prevent and confiscate powers under the Act Itba shall provide necessary assistance to carry out.
The fifth section is
Crime and Punishment
Crime and punishment
- (4) If an importer imports, produces, stores, carries or sells any fisheries, fisheries, beneficial germs or packing products without the import permit or any prohibited under this Act, it shall be a crime and hence for one (one) year and another. Shall be punishable by a fine of up to seven (seven) years imprisonment or a fine not exceeding 1 (five) lakh rupees or both.
(2) If a person retains the right, supervises or controls any fishery, fisheries, beneficial organisms or packing products mentioned in sub-section (1) or promotes, distributes or transmits advertising for production, storage, carrying, sale, sale, Shall be a crime and therefore shall be punishable by a term not exceeding one (one) year and up to five (seven) years imprisonment or a fine not exceeding five (five) millions rupees or both. Will be Donnie.
(4) Any person or importer-
(A) obstructing, preventing, or intimidating a fisheries officer;
(B) refuses or neglects to comply with the orders and instructions given in the provisions of this Act;
(C) providing false information for the purpose of collecting import licenses or exemptions;
(D) disobey or disregard the instructions given under sections 8 and 12;
(E) in violation of the provisions of section 5 (1);
(F) to alter or distort any document submitted to or issued by the Fisheries Officer;
It shall be a crime and shall therefore be punishable with a term not exceeding two (two) years, or a fine not exceeding 1 (five) lakh rupees, or both.
Companies, etc., commit crimes
- In the event of any offense committed by a company under this Act, every director, partner, chief executive, manager, secretary, or any other officer or employee of the company who has a direct involvement with the offense shall be deemed to have committed the crime, unless he has proof. That the crime was committed unknowingly or that the crime could have been prevented. Postal order, he has tried everything.
Explanation.- In this section –
(a) “company” means a company, statutory body, commercial enterprise, partnership business, association or organization comprising multiple persons; And
(b) in the case of a commercial organization, “director” shall mean any partner or member of the board of directors.
Taking the offense to justice
- No court shall accept any case under this Act except the written complaint of the Fisheries Officer.
Criminal enforceability and surety
- Offenses under this Act shall be non-cognizable and bailable.
Investigations, Trial Procedures, etc.
- Criminal procedure shall be applicable for investigation, trial, appeal and other related offenses committed under this Act.
Criminal trial by magistrate
- Whatever the nature of the criminal procedure, the offenses under this Act will be judged by the First Class Judicial Magistrate, Metropolitan Magistrate.
Special power of Magistrate in imposing penalties
- Regardless of the nature of the criminal procedure, a First Class Judicial Magistrate may, under the law, impose penalties under this Act.
Mobile court jurisdiction
- Notwithstanding anything contained in any other provision of this Act, offenses under sub-section (1) of section 28 shall be judged on the basis of the Mobile Court Act, 28 (Act No. 2 of 27).
Appeal against the administrative order, etc.
- (4) If the recipient of an import permit is annoyed by a written order under this Act, the aggrieved person shall within 5 (fifteen) days from the date of receipt of the order-
(a) if the order is given by a fisheries quarantine officer, to the authorities; And
(b) if the order is issued by the Authority, to the Government;
(2) If an appeal is filed under sub-section (1), it must be settled within no more than ninety (90) days of the filing of the appeal.
(3) The decision of the Government in the disposal of the appeal under sub-section (1) shall be final.
Fees and Charges
- Government shall inspect, inspect, inspect or inspect fisheries, fisheries, pesticides or packing products for the destruction, removal or purification of the fisheries, pesticides, pesticides or packing products under section 3, from time to time, fees and charges, prescribed methods and rates, prescribed and collected. Can do
Establishment of Fisheries Quarantine Station
- The Government may, by notification in the official Gazette, establish fisheries quarantine stations at the ports designated for the purpose of this Act.
Ability to make rules
- For the purpose of this Act, the Government may, by notification in the Official Gazette, make rules.
Publish translated text in English
- (3) After the enactment of this Act, the Government shall, by notification in the Official Gazette, publish an Authentic English Text translated into English of the original Bengali text of this Act.
(2) In the case of a dispute between the Bengali and the English text, the Bengali text shall prevail.