Penalty

(1) The adjudicating officer shall, after the inquiry under sub-section (2) of section 17, 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 rule or order made thereunder or any of the conditions of the licence, and any such person, on being found guilty by the adjudicating officer, shall be liable to such penalty not exceeding,- (a) in case the vessel involved is fifty feet or above in length,- (i) Rs. 5,000, if the value of the fish involved is Rs. 1,000 or less; (ii) five times the value of the fish, if the value of the fish involved is more than Rs. 1,000; or (iii) Rs. 5,000, in any other case, being a case not involving fish, as may be adjudged by the adjudicating officer; (b) in case the vessel involved is below fifty feet in length,- (i) Rs. 1,000, if the value of the fish involved is not more than Rs. 100; or (ii) five times the value of the fish, if the value of the fish involved is more than Rs. 100 but not more than Rs. 1,000; or (iii) Rs. 1,000, in any other case, being a case not involving fish, as may be adjudged by the adjudicating officer. (2) In addition to any penalty that may be imposed under sub-section (1), 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 contravention of any provision of this Act or of any order or rule made thereunder or any condition of the licence shall be- (i) cancelled; or (ii) suspended for such period as the adjudicating officer deems fit; or (b) the fishing vessel which has been impounded and the fish which has been seized under section 15 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 the vessel or any person claiming any right thereto, is satisfied that the owner or such person had exercised due care and caution for the prevention of the commission of such offence.