Imposition of penalty.

§17

Summary

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. (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. (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. (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. (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. (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. (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. (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. (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. (10) The amount of any penalty imposed under this section shall be recoverable as an arrear of land revenue. (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. (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[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. (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. (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. (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. (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. (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. (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. (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. (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. (10) The amount of any penalty imposed under this section shall be recoverable as an arrear of land revenue. (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. (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.]

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