Chapter III PENALTIES

Any Enforcement 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 of any order or rule made thereunder or of any of the conditions of the licence, enter and search such vessel and 1[seize such vessel including accessories and fishing gear with which it is fitted and any fish found in it.]

1. (1) The Enforcement Officer referred to in section 14 shall keep the fishing vessel, 1[seized] in such place and in such manner as may be prescribed.
2. (2) In the absence of suitable facilities for the storage of the fish seized, the Enforcement Officer may, if he is of the opinion that the 2[disposal of such fish within fourty-eight hours] and deposit the proceeds thereon in the prescribed manner in the office of the Adjudicating Officer.

1. (1) Where any Enforcement Officer 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 of any of the conditions of the licence, he shall make a report thereof to the Adjudicating Officer.
2. (2) The Adjudicating Officer shall hold an inquiry into the matters mentioned in the report, in the prescribed manner after giving all the parties concerned a reasonable opportunity of being heard.

1[17. Imposition of penalty.- (1) The Adjudicating Officer shall, after the inquiry is held under section 16, 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 of any of the conditions of the licence.

1. (2) When such person is found guilty by the Adjudicating Officer, he may, by order, in writing impose on such person a penalties specified in this section.
2. (3) Whoever uses or causes or allowes to be used any fishing vessel engaged in fishing or fishing related activities in the specified area without obtaining a valid licence under this Act shall be liable for,-
   • (a) in case where the vessel is non-motorized fishing vessel,-
     • (i) penalty of one thousand rupees for the first contravention ;
     • (ii) penalty of two thousand rupees for the second contravention ;
     • (iii) penalty of five thousand rupees for the third or subsequent contraventions ;
   • (b) in case where the vessel is motorized fishing vessel which operates with engine capacity up to 20hp,-
     • (i) penalty of three thousand rupees for the first contravention;
     • (ii) penalty of five thousand rupees for the second contravention ;
     • (iii) penalty of ten thousand rupees for the third or subsequent contraventions ;
   • (c) in case where the vessel is motorized fishing vessel which operates with engine capacity above 20hp upto 120hp,-
     • (i) penalty of ten thousand rupees for the first contravention;
     • (ii) penalty of twenty thousand rupees for the second contravention;
     • (iii) penalty of thirty thousand rupees for the third or subsequent contraventions ;
   • (d) in case where the vessel is motorized fishing vessel which operates with engine capacity above 120 hp,-
     • (i) penalty of twenty five thousand rupees for the first contravention;
     • (ii) penalty of fifty thousand rupees for the second contravention ;
     • (iii) penalty of one lakh rupees for the third or subsequent contraventions;
   • (e) in case where the vessel is a mechanized fishing vessel of less than twelve meters length over all,-
     • (i) penalty of ten thousand rupees for the first contravention;
     • (ii) penalty of twenty thousand rupees for the second contravention;
     • (iii) penalty of fifty thousand rupees for the third or subsequent contraventions ;
   • (f) in case where the vessel is a mechanized fishing vessel between twelve and twenty meters (both inclusive) length over all,-
     • (i) penalty of forty thousand rupees for the first contravention;
     • (ii) penalty of one lakh rupees for the second contravention;
     • (iii) penalty of two lakh rupees for the third or subsequent contraventions;
   • (g) in case where the vessel is a mechanized fishing vessel of more than twenty meters length over all,-
     • (i) penalty of two lakh rupees for the first contravention ;
     • (ii) penalty of five lakh rupees for the second or subsequent contraventions.
3. (4) Whoever uses or caused or allowes to be used any fishing vessel engaged in fishing or fishing related activities in the specified area in contravention of,-
   • (i) conditions of license; or
   • (ii) safety and security of fishermen and fishing vessels; or
   • (iii) spatial and temporal closures and Monsoon fishing ban; or
   • (iv) prohibition of destructive fishing methods; or
   • (v) regulations in respect of matters other than those specified in sub-sections (5), (6) and (8); shall be liable for,-
   • (a) in case where the vessel is a non-motorized fishing vessel,-
     • (i) penalty of one thousand rupees for the first contravention;
     • (ii) penalty of two thousand rupees for the second contravention;
     • (iii) penalty of five thousand rupees for the third or subsequent contraventions ;
   • (b) in case where the vessel is motorized fishing vessel which operates with engine capacity upto 20hp,-
     • (i) penalty of three thousand rupees for the first contravention;
     • (ii) penalty of five thousand rupees for the second contravention;
     • (iii) penalty of ten thousand rupees for the third or subsequent contraventions ;
   • (c) in case where the vessel is motorized fishing vessel which operates with engine capacity above 20hp upto 120hp,-
     • (i) penalty of seven thousand rupees for the first contravention;
     • (ii) penalty of fifteen thousand rupees for the second contravention ;
     • (iii) penalty of twenty five thousand rupees for the third or subsequent contraventions;
   • (d) in case where the vessel is motorized fishing vessel which operates with engine capacity above 120 hp,-
     • (i) penalty of twenty thousand rupees for the first contravention;
     • (ii) penalty of forty thousand rupees for the second contravention ;
     • (iii) penalty of eighty thousand rupees for the third or subsequent contraventions;
   • (e) in case where the vessel is a mechanized fishing vessel of less than twelve meters length over all,-
     • (i) penalty of five thousand rupees for the first contravention;
     • (ii) penalty of ten thousand rupees for the second contravention;
     • (iii) penalty of twenty thousand rupees for the third or subsequent contraventions ;
   • (f) in case where the vessel is a mechanized fishing vessel between twelve and twenty meters (both inclusive) length over all,-
     • (i) penalty of twenty thousand rupees for the first contravention;
     • (ii) penalty of fifty thousand rupees for the second contravention;
     • (iii) penalty of one lakh rupees for the third or subsequent contraventions ;
   • (g) in case where the vessel is a mechanized fishing vessel of more than twenty meters length over all,-
     • (i) penalty of one lakh rupees for the first contravention ;
     • (ii) penalty of two lakh rupees for the second contravention;
     • (iii) penalty of five lakh rupees for the third or subsequent contraventions.
4. (5) Whoever contravenes an order under this Act relating to the regulation of purse seine or ring seine (including mini purse seine) or Trawl net including mesh size shall be liable for,-
   • (i) penalty of one lakh rupees for the first contravention;
   • (ii) penalty of three lakh rupees for the second contravention;
   • (iii) penalty of six lakh rupees for the third or subsequent contraventions.
5. (6) Whoever contravenes an order under this Act relating to the regulation of destructive fishing methods (bull or pair trawling, fish attractors, LED light fishing) shall be liable for,-
   • (i) penalty of minimum five lakh rupees for the first contravention ;
   • (ii) penalty of ten lakh rupees for the second contravention ;
   • (iii) penalty of twenty lakh rupees for the third or subsequent contraventions.
6. (7) Whoever contravenes an order under this Act relating to the regulation of the installation of Turtle Excluding Device shall be liable for,-
   • (i) penalty of one lakh rupees for the first contravention;
   • (ii) penalty of two lakh rupees for the second contravention;
   • (iii) penalty of five lakh rupees for the third or subsequent contraventions.
7. (8) Whoever contravenes an order under this Act relating to the regulation of the Ban on Juvenile Fishing shall be liable for,-
   • (a) in case where any fishing vessel catches juvenile fish of size less than minimum legal size,-
     • (i) penalty of one lakh rupees for the first contravention;
     • (ii) penalty of two lakh rupees for the second contravention ;
     • (iii) penalty of five lakh rupees for the third or subsequent contraventions;
   • (b) in case where juvenile fish (minimum legal size fish) is purchased by the fish merchant,-
     • (i) penalty of five times the value of the fish for first contravention;
     • (ii) penalty of five lakh rupees for the second or subsequent contraventions.
8. (9) (a) Whoever enters the territorial waters with the fishing vessel from outside the territorial waters of the State for the purpose of fishing or for any other allied purpose in contravention of any provisions of this Act or of any order or rule made thereunder shall be liable for,-
   • (i) penalty of two lakh rupees and five times the value of fish captured by such person for the first contravention;
   • (ii) penalty of six lakh rupees and five times the value of fish captured by such person for the second or subsequent contraventions.
   • (b) Whenever any fishing vessel from outside territorial waters of the State enters in the territorial waters of the State for the purpose of fishing or any other allied purpose in contravention of any provisions of this Act or of any order or rule made thereunder, it shall be liable to be seized mandatorily for first such contravention including accessories and fishing gear with which it is fitted and any fish found in it ; and fishing vessel with all Crew Members, Operator (tandel) and Master including accessories and fishing gear with which it is fitted shall be handed over to police authorities for necessary action.
9. (10) The amount of any penalty imposed under this section shall be recoverable as an arrear of land revenue.
10. (11) In addition to any penalty that may be imposed under this section, the Adjudicating Officer 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 this section 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 Adjudicating Officer deems fit ; or
    • (b) the fishing vessel including accessories and fishing gear with which it is fitted or fish that may have been seized under section 14 shall be forfeited to the Government : Provided that, no fishing vessel shall be forfeited under clause (b), if the Adjudicating Officer, 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 default.
11. (12) The defaulter fishing vessels and owner shall not be entitled for any type of benefits under the Central-State assistance scheme or the State Government scheme.]

1[18. Appeals against order of Adjudicating Officer and Appellate Authorities.- (1) Any person aggrieved by an order of the Adjudicating Officer may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the First Appellate Authority having jurisdiction, i.e. the Commissioner of Fisheries, Maharashtra State to hear such first appeal: Provided that, the State Government may, whenever necessary, by notification in the Official Gazette, appoint one or more First Appellate Authorities for such area in the Konkan Revenue Division, as may be specified in the notification.

1. (2) Any person aggrieved by an order of the First Appellate Authority may, within thirty days from the date on which the order is communicated to him, prefer second appeal to the Government.
2. (3) Notwithstanding anything contained in sub-sections (1) and (2), the First Appellate Authority or the Second Appellate Authority, as the case may be, may entertain any appeal after the expiry of the said period of thirty days, but not after the expiry of sixty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
3. (4) No appeal under this section shall be entertained by the First Appellate Authority, 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 First Appellate Authority 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 an order in writing, dispense with fifty per cent. amount of such deposit, either unconditionally or subject to such conditions as it may deem fit to impose.
4. (5) On receipt of an appeal under sub-section (1) or (2), the Appellate Authority may, after holding such inquiry 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,-
   • (a) if the sum deposited by way of penalty under sub-section (4) exceeds the penalty directed to be paid by the Appellate Authorities, the excess amount, or
   • (b) if the Appellate Authorities sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant.
5. (6) The order of the First Appellate Authority shall be final in case second appeal is not filed and in case the second appeal is filed then the order of the Second Appellate Authority shall be final.]

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20. Power of Adjudicating Officer and the 1[Appellate Authorities] in relation to holding inquiry under this Act.- (1) The Adjudication Officer and the 2[Appellate Authorities] shall, while holding an inquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), while trying a suit, in respect of the following matters, namely :-

1. (a) summoning and enforcing the attendance of witnesses and examining them on oath ;
2. (b) requiring the discovery and production of any document ;
3. (c) receiving evidence on affidavits ;
4. (d) requisitioning any public record or copy thereof from any Court or office ;
5. (e) issuing commissions for the examination of witnesses or documents ;
6. (f) any other matter which may be prescribed.

1. (2) The Adjudicating Officer or the 3[Appellate Authorities] shall, while exercising any power under this Act, be deemed to be a Civil Court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (II of 1974).

Whoever contravenes any of the provisions of this Act or any order of rule made thereunder or any of the conditions of the licence, shall, without prejudice to any other action which may be taken against him under this Act, on conviction, be punished with fine, which may extend to 1[ten thousand rupees and with further fine which may extend to five hundred rupees] for every day on which such contravention continues after the first conviction.

1[21A. Cognizance of offences.- No Court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by the Licensing Officer or an Enforcement Officer.]

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence 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 offence 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 offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company, and it is proved that the offence 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 of the company, such Director, Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes 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.