Chapter III PENALTIES

(1) The authorised officer may, if he has reason to believe that any fishing vessel is being, or has been used in contravention of any of the provisions of this Act or any order or rule made thereunder or any of the conditions of the licence, enter and search such vessel and impound such vessel and seize any fish found in it.

1. (2) The authorised officer shall keep the fishing vessel impounded under sub- section (1), in such place and in such manner as may be prescribed.
2. (3) In the absence of suitable facilities for the storage of the fish seized, the authorised officer may, if he is of the opinion that the disposal of such fish is necessary, dispose of such fish and deposit the proceeds thereof in the prescribed manner in the office of the arbitrator.

(1) Where any authorised officer referred to in section 11, has reason to believe that any fishing vessel is being, or has been, used in contravention of any of the provisions of this Act or any order or rule made thereunder or any of the conditions of the licence, he shall make a report thereof to the arbitrator.

1. (2) The arbitrator shall hold an enquiry into the matters mentioned in the report, in the prescribed manner, after giving all the parties concerned a reasonable opportunity of being heard.

(1) The arbitrator shall, after the enquiry under section 12 decide whether any person has used, or caused or allowed to be used, any fishing vessel in contravention of any of the provisions of this Act, or of any order or rule made thereunder or any of the conditions of the licence and any such person on being found guilty by the arbitrator, shall be liable to such penalty not exceeding,- (a) five thousand rupees, if the value of the fish involved is one thousand rupees or less ; (b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees ; or (c) five thousand rupees, in any other case, being a case not involving any fish, • as may be determined by the arbitrator. (2) In addition to any penalty that may be imposed under sub-section (1), the arbitrator may direct that, - (a) the registration certificate of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be,- (i) cancelled or revoked, as the case may be ; or (ii) suspended for such period as the arbitrator deems fit ; or (b) the fishing vessel or fish that may have been impounded or seized, as the case may be, under section 11 shall be forfeited to the Government : Provided that no fishing vessel shall be forfeited under clause (b), if the arbitrator after hearing the owner of such vessel or any person claiming any right thereto, is satisfied that the owner or such person had exercised due care for the prevention of the commission of such offence.

1. (a) five thousand rupees, if the value of the fish involved is one thousand rupees or less ;
2. (b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees ; or
3. (c) five thousand rupees, in any other case, being a case not involving any fish,
   • • as may be determined by the arbitrator.

1. (2) In addition to any penalty that may be imposed under sub-section (1), the arbitrator may direct that, -
   • (a) the registration certificate of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section (1) or the licence, any condition of which has been contravened, shall be,-
     • (i) cancelled or revoked, as the case may be ; or
     • (ii) suspended for such period as the arbitrator deems fit ; or
   • (b) the fishing vessel or fish that may have been impounded or seized, as the case may be, under section 11 shall be forfeited to the Government : Provided that no fishing vessel shall be forfeited under clause (b), if the arbitrator after hearing the owner of such vessel or any person claiming any right thereto, is satisfied that the owner or such person had exercised due care for the prevention of the commission of such offence.

The Government may, by notification in the Official Gazette, constitute one or more Appellate Boards.

1. (2) The Appellate Board shall consist of three members of whom one shall be a person who is or has been a District Judge, who shall be appointed as the Chairman of the Appellate Board.
2. (3) Where only one Appellate Board is constituted, that Appellate Board shall have jurisdiction throughout the State, and where more than one Appellate Boards are constituted, the Government may, by notification in the official Gazette, define the jurisdiction of each such Appellate Board.
3. (4) Any person aggrieved by an order of the arbitrator may, within thirty days from the date on which the order is made, prefer an appeal to the Appellate Board having jurisdiction to hear such appeal : Provided that the Appellate Board may entertain any appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
4. (5) No appeal under this section shall be entertained by the Appellate Board unless the appellant has, at the time of filing the appeal, deposited the amount of penalty, payable under the order appealed against : Provided that on an application made by the appellant in this behalf, the Appellate Board may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense with such deposit either unconditionally or subject to such conditions as it may deem fit to impose.
5. (6) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such enquiry as it deems fit and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set-aside the order appealed against and the decision of the Appellate Board shall be final ; and, -
   • (a) if the sum deposited by way of penalty under sub-section (5), exceeds the penalty directed to be paid by the Appellate Board, the excess amount ; or
   • (b) if the Appellate Board sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant.

The Appellate Board may call for and examine the records of any order passed by an arbitrator under section 13 and against which no appeal has been preferred under section 14 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure and pass such order with respect thereto, as it may think fit :

Powers of arbitrator and Appellate Board in relation to holding enquiry under this Act. - (1) The arbitrator and Appellate Board shall, while holding an enquiry, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit, in respect of the following matters, namely : -

1. (a) summoning and enforcing the attendance of witnesses;
2. (b) requiring the discovery and production of any document ;
3. (c) requisitioning any public record or copy thereof from any court or office;
4. (d) receiving evidence on affidavits ; and
5. (e) issuing commissions for the examination of witnesses or documents.

1. (2) The arbitrator or the Appellate Board shall, while exercising any of the powers under this Act, be deemed to be a civil court for the purpose of sections 345 and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

The State Government may by notification constitute an Advisory Committee consisting of the Director of Fisheries who will be the Chairman and such other official and non-official members not exceeding fifteen as it considers necessary.

Contravention by companies. - (1) Where an offence under this Act has been committed by a company, every person who, at the time of contravention was committed was in-charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.

1. (2) Notwithstanding anything contained in sub-section (1), where any contravention under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer such director, manager, secretary or other officer, shall be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purpose of this section, -
   • (a) 'company' means any body corporate and includes a firm or other association of individuals ; and
   • (b) 'director' in relation to a firm, means a partner in the firm.