Chapter III Chapter III

Penalties.

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 of any notification issued or rule made thereunder or any of the conditions of the licence granted under this

Disposal of seized fish. –

1. (1) The authorised officer shall keep the fishing vessel, impounded under section 15 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 sized, 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 adjudicating officer.

1. (1) Where any authorised officer, referred to in section 15, has no 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 notification issued or rule made thereunder or any of the conditions of the licence granted under this Act, he shall make a report thereof to the adjudicating officer.

1. (2) The adjudicating officer 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. (1) The adjudicating officer shall, after the enquiry under 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 notification issued or of any rule made thereunder or any of the conditions of the licence granted under this Act and any such person, on being found guilty by the adjudicating officer, shall be liable to such penalty not exceeding –
   • (a) five thousand rupees, if the value of fish involved is one 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 thousands rupees, in any other case, being a case not involving any fish, as may be adjudged by the adjudicating officer.
2. (2) In addition to any penalty that may be imposed under sub-section (1), the adjudicating officer may direct that –
   • (a) The certificate of registration of the fishing vessel which has been used, or caused or allowed to be used, in the manner referred to in sub-section
3. (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 adjudicating officer deems fit; or
   • (b) the fishing vessel or fish that may have been impounded or seized, as the case may be, under section 15 or the proceeds of the fish disposed of, and deposited in the office of the adjudicating officer, under sub-section (2) fo section 16 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 fishing vessel or any person claiming any right thereto is satisfied that the owner or such person had exercise due care for the prevention of the commission of such offence.

1. (1) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is made, prefer an appeal to the appellate authority: Provided that the appellate authority may entertain, any appeal preferred after the expiry of the said period of thirty days but before 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.
2. (2) No appeal under this section shall be entertained by the 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 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 order in writing dispense with such deposit either unconditionally or subject to such condition as it may deem fit to impose.
3. (3) On receipt of an appeal under sub-section (1), the appellate authority 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 authority shall be final: and
   • (a) if the sum deposited by way of penalty under sub-section (2) exceeds the penalty directed to be paid by the appellate authority, the excess amount, or
   • (b) if the appellate authority sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant.

The appellate authority may call for and examine the records of any order passed by an adjudicating officer under section 18 and against which no appeal has been preferred under section 19, for the purpose of satisfying itself as to the legality or property of such order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit: Provided that no such order prejudicially affecting any person shall be made except after giving the person so affected a reasonable opportunity of being heard in the matter.

to holding enquiry under this Act. –

1. (1) The adjudicating officer and the appellate authority shall, while holding an enquiry, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) while trying a suit, in respect of the following matters, namely: -
   • (a) summoning and enforcing the attendance of witnesses;
   • (b) requiring the discovery and production of any document;
   • (c) requisitioning any public record or copy thereof from any court of office;
   • (d) receiving evidence on affidavits; and
   • (e) issuing commissions for the examination of witnesses or documents.
2. (2) The adjudicating officer or the appellate authority 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 (Central Act 2 of 1974).

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 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.

1. (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved, that this 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 deemed to

be guilty of that offences and shall be liable to be proceeded against and punished accordingly.

Explanation. – For the purposes of this section,-

1. (a) “Company” means any body corporate and includes a firm or other association of individuals: and
2. (b) “Director” in relation to a firm means a partner in the firm.