(1) Any person aggrieved by an order made under section 6 or section 8 or section 9m3)" within thirty days from the date on which the order is communicated to him, prefer all appeal before the adjudicating officer in the prescribed manner:
l'rovided thai the adjudicating officer may entertain the appeal after the expiry or IJlC said period ot'thlrty days, but not beyond sixty days, lf'he is sutisflcd that the appellant was 1'1 l'\'l·flll'I.I by sufficient cause from filing. the appeal in tlms.
(2) On receipt of an appeal Under sub-section (I), the adjudicating officer shall, after giving the parties a reasonable opportunity of being heard, pass sucb orders thereon as he deems lit as expeditiously as possible, and in any case before the expiry of three months from fill' dall' or til ill)'. Ilf nppcnl.
IJ. I-very fishery olliccr shall assist the authorised officer in the discharge of his d\ltit'~ and umy ..
(<II interpose for the purpose of'preventlng, and shall [0 the best of his ability I're\'I'111. till' cnmrnisslon of an offence punlsheble under this Regulation;
(hI enter into any \'c!\~el or premises, for inspecting fishing implements or fish Ih~Il'fll .uu] cheek the r(l~~c~!lion of the fishing lleen-:c and registration of the vessel;
'of\.rl1l:l1 inn III be given 10 'he au(horbed of· ficer I\holll movcmcut o( li~hiliA vessels, Itclllrm to he Iuru lshcd h) owner of regis' iercd fishing vessels, Appeal sgnlnst orders made under section 6, section 8 or section 9.
rowcr~ nnd duties of fishery offlccrs.
6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, MAY 14, 2004.
I','".:r III enter all" scurch lish IIIIo! \ l"~l'h,
(c) conductfield verficatlon of the fishing Implements and crafts available with the pnrtios who have applied for fithLlg licence: and
(d) on knowirtg the design of on y person to commit an offence punishable under this Regulation, bring the same to the notice of the authorised officer.
14. If the authorised officer has. eithl:r on receipt of a report of the fishery officer or otherwise. reason to believe that any fishin ~ vessel Is being or has been used in contraven tion of any provision of his Regulation or of any order or rule made thereunder or of any of Ihc couclil ions of the licence. he may enter and search such vessel and impound the vessel and seize the fish found in it. ' ( 1i.,,,,,1\ nl"lsh, IIq~ \'l'.'I~1' I:. all,1 dtspp"ul of \\,1/,'<1 li'.h
15. (J) The authorised officer shall k eep the fishing vessel impounded under section I ii, in such place and in such manner as may be prescribed, (}) In the absence of suitable facilitieu for the storage of'the fish seized, the authorised officer may, i file 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 "dilldicalill~ officer.
CHl..PTER III AOJIIOICA noN l\d.illdi~;"I\\iI, 16. (1) Where any authorised officer hu reason to believe that any fishing vessel is being, or has been, used in contravention (If any of the provisions of this Regulation, or of any rule or order made thereunder or of~n~( of the conditions of the licence, he shall make a report thereof to the adjudicating officer.
(2) The adjudicating officer shall, hold an inquiry into the matter mentioned ill the , report in the prescribed manner after @ivlng all the partles concerned a reasonable opportunity of being heard.
l'cuatty. 17. (1) The adjudicating officer shall, after the inquiry under sub-section (2) of section l6, decide whether any persons has used, or caused or allowed to 'be used, any fishing vessel ill contravention of any of the provisions of this Regulation or of any rule or order Illude thereunder or uny of the condition! of the licence, and any such person, on being found guilty by the adjudicating officer, st 1111 be liable to such penalty not cxceeding.-
(a) in case the vesselInvolved is fifty feet or above in length,- (I) five thousand rupees, if the value of'the fish involved is one thousand rupees or less; .
(iI) five times the value cffhe fish. if the value of the fish involved is more than one thousand rupees; or (iiI) five thousand. rupees, in any other case, being a case not involving fish, as may be adjudged by the Ilclj~dicating officer;
(b) in case the vessel Involved I~ below fifty feel In lcngth.- (I) one thousand rupees. if the value of the fish Involved is not more than one hundred rupees; or
(il) five times the value c.fthe fish. if the value of the fish involved is more than one hundred rupees but not more than one thousand rupees; or
(iii) one thousand rupee s, In any other case. being a case not involving fish, as may be adjudged by tho adjudicating officer.
t.:') In addition to any penally that may be Imposed under sub-section (I). the iI~iudicalillg officer may direct,~hat- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 7
(a) the registration certificate of the fishing vessel which has been used, or caused or allowed 10 be used, in contravention of any provision of this Regulation or of any order or rule made thereunder or of any condition of the licence shall be·- (I) cancelled; or (;,) suspended for such period as the adjudicating officer deems fit; or
(n) the fishing vessel which has been impounded and the fish. which has been , ~a:i7t'd under section 14 shall be forfeited to the Administration:
Provided that no fishing vessel shall be forfelied under clause (b), if the adjudicating officer, after hearing the owner of the vessel or any person claim ing any right thereto, is satisfied that the owner or such person had exercised due care and caution ~or the prevention of the comnlission of sue h offence.
Ut.( I) The Administrator may, by notification in the Official Gazelle, constitute an "ppl.'! lal~·l3onrd.
Cunstirutton of Appellate Buard and
(2) '1'11(, Appellate Board shall consist ofthree members one of whom shall be a person IIp[,cni to who is or has been a District Judge and such person shall be appointed as the Chairperson .. ~PpCJlutc oflhe Appellate Board and the other members shall be persons having expertise in fisheries oato.
or law and such other qualifications as may be prescribed.
(3) The fees and allowances payable to the Chairperso 1 and other members of the Appellate Board shall be such 8S may be prescribed.
(4) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is communicated, prefer an appeal to the Appellate Ilo:lnl:
Provided that the Appellate Board may entertain nny appeal after the expiry of the said period of thirty days. but not after the expiry of sixty days from the date aforesaid, if il is satisfied tlmt the appellant was prevented by sufficient cause from filing the appeal in lime.
(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 he If of 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, jf it is satisfied that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense willI such deposit either unconditionally or subject to such conditions as it may deem fl. to impose. .
(6) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such inquiry as it deems fit, and after giving the parnes concerned a reasonable opportunity ofbeing heard, con finn, modify or set aside Ute on: er appealed against and the decision of the Appellate Board shall be final. .
(7) Where the amount deposited by the appellant by way of penalty under sub section (5) exceeds the amount directed to be paid by the Appellate Board, the excess amount so deposited, or where the Appellate Board sets aside the order imposing penally, the whole amount so deposited by way of penalty, shall be refunded to the appellant.
, .
J 9. '1110 Appellate Board may call for and examine the rcco 'ds of'any order made under section 17 and against the order where no appeal has been preferred under section 18, for the pUrp\lSC of satisfylug Itself as to the legality or propriety of such order or II!! to the regularity M the procedure and p:\!JS such order with respect thereto as it r lay think fit:
i'ruvided that no such order shall be made without giving II reasonable opportunity of' bcmg heard to the parties .
•.•..
Revision n.1' Appellate Board.
- 8 THE ANDAMAN AND WCOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004.
I'lI\H'rs Ill" Ih,' adllHiicallll1!
•• (lin', ,11111 ihc 11 •• ,11 II
20. (I) The adjudicating c fticer and the Appellate Board shall have all the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the ,'II tollowing matters, namely:-
(a) summouing 811 j enforcing the attendance of witnesses;
(h) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office,
(d) receiving cvid encc on affidavits; and
(e) issuing comm.ssions for the examination of witnesses or documents;
(j) lilly other matt ~r as may be prescribed.
(2) The adjudicating officer and the Appellate Board, white exercising any power under this Regulation, shall be deemed to be civil courts for the purposes of sections 345 and J.1() ofthe Cude ofCriminnl P ncedurc, 1973.
(3) The Appellate Boai 4 shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908. but 91,811 be guided by theprinciples of natural justice and subject to 5, the other provisions of thh Regulation and the rules made by the Administrator, the Appellate Iloard shall regulate its own procedure, COllllaV~IIIIOI1 21. (I) Where a person committing contravention of any of the provisions of this hI ((llIlfliinics. Regulation or any rule or order made thereunder or any of the conditions ofa licence granted under it is II company, eye!') person who, at the time the contravention was committed, was ill charge or. IIl1d was resp .msible to UIC company for the, conduct of the business or the (,'OJllpany, ns well as the company, shall be deemed to be guilty of'the contravention and slndl he liable to be proceeded against and punished accordingly:
Prov ideo that nothh.g contained ill Ihis sub-section shall render any such person liable to any punishment.ii]' he proves that the contravention was commiucd without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstunding anything contained ,in sub-section (1), where n contravention under this Regulation or imy rule or order made thereunder or any of the conditions of a licence granted under it has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, maneger, secretary or other officer of the coanpnny, such director, manager, secretary or other officer shall be deemed to be Sllilt~ of that contravention and shall be liable to be proceeded against and punished accordingly.
bp/Wl(Jfion.-ror Ihe purposes of this section,- (tI) •• company" means any body corporate ami includes a firm or other association 01 individuals; and
(b) "director", in relation to a firm, means Ii partner in the fum.
CUAPTERIV ' MISCELLANEOUS
22. (/) Nothing c.nunlncd in this Regulation shall apply to survey vessels belonging , to
(a) the Celli rut GOYCOUllcnt;
(b) a State (Jovcrnment;
(c) it public undertaking.
E\planalioll.- For the purposes of this sub-section, "public undertaking" means any company or corpc ration owned or controlled by the Central Government including a Uuiou territory Administrntion or by a Stale Govcmment.
THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 9
(2) If the Administrator is of the opinion that, having regard to the purposes of this Regulation, It would 110t be In the public interest to apply all or any of the provisions of this Reguilltion to any class or classes of fishing vessels used for fishing In any specified area or areas, he may, by notification in the Official Gazette, axornpt, subject to such conditions as he may think fit to impose upon such cia 3S or classes of fishing vessel used for fishing in such specified area or areas, as he may specify in the notification, from the operation of all or any of the provisions of this Regulation:
Provided that no notification under this sub-section shall remain in force for more than six months al a time.