(1) The Fisheries Officer or any officer of the Board not below the rank of a Sub Inspector of Fisheries authorised by the Board in this behalf may, after making such inquiry as may be necessary and after giving every person liable to pay contribution under section 4 an opportunity to be heard, by order, determine the amount due from such person under that section.
(2) The oflicer conducting the inquiry under subsection
(1) shall, for the purposes of such inquiry, have the same powers as are vested in a civil court, while trying a suit, under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:— -
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses.
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(3) Any inquiry under this section shall be deemed to be 3.
Judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(4) Any person aggrieved by an order under sub-section (1) may prefer an appeal to the Director of Fisheries within sixty days ‘V 203 from the date of receipt of the order and the Director of Fisheries may, after making such inquiry, pass such orders thereon as he thinks fit.
(5) The Government may, either suo-motu or on application of the aggrieved person, call for the record of any proceeding taken by the Director of Fisheries under sub-section (4) and make such enquiry and pass such orders, as they deem fit:
Provided that an application for revision under this sub-section shall be made within thirty days from the date on which the order was communicated to the applicant:
Provided further that no order shall be passed under this Imb'section without giving the person who may be affected thereby, an opportunity to be heard.
13. Provisional assessment and collection of advance contribution—(1) Every person liable to pay 'contribution under section 4 shall, pending determination under section 12 of the amount due from him, pay every month by way of advance contribution an amount equivalent to one-twelfth of the amount payable annually by him according to the latest determination under the said section:
Provided that the provisions of this sub-section shall not apply to the payment of contribution by a fisherman or a dealer or the owner of a prawn filtration area or a fish farm for the period of three years from the commencement of this Act under the proviso to subsection (1) or sub-section (2) or sub-section (5) of section 4, as the case may be.
(2) The advance contribution for a month shall become payable on or before the 5th day of the succeeding month.
(3) Where the advance contribution is not paid on or before the due date, the Fisheries Officer or any officer of the Board authorised by it in this behalf, shall issue a notice to the defaulter showing the amount of arrears, and if the amount is not paid within fifteen days of the receipt of such notice, it may be recovered in the same manner as arrears of public revenue due on land under the Revenue Recovery Act for the time being in force.
(4) The amount paid under this section for an year shall be adjusted against the amount determined under section 12 for that year.
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14. Exemption—Government may, by notification in the Gazette, exempt any dealer, whose annual turnover from fish does 204 not exceed‘Rs: 24,000 per annum. from all or any oflthe pvovisionsof this Act; subject to such‘ condition as may be! specifiedxin the notification.
15. Power to.obtam-cop1‘es~ of records etc, maintameiby a fishermen’s- Wélfa're Society—(1) Any officer of. the B'oard‘. not below the rank of. a. FiaherieeDevelopment Officer; auihonised by it in that behalf shall have power to peruse the books or registers or other records maintainedfby- a Fisherman’s Weifanei society. constituted under the Ker-ala Fishermen Welfare Societies-.Aci;.1980 (7 of 1981) or to requisition the supplymfzawpy of anyrsuchxbnnk or register or other record or of any entry therein as may be specified in such requisition.
(2) The Fisheries Officer shall provide all‘fac'ilitles for the perusal of any book or register or. other records by an officer. under sub-section (1) and shall cornply with any requisition made under that subsection.
16. Media of recovery of‘ money due under th‘e Act.——Any amount due from any person under the provisioned! this A'ct. or the scheme may be recovered’in the same manner as*an~arr.ear of public revenue due on land under the Revenue Recovery Act‘ for the Lime Being in‘force.
17. Protection against attoclnmt:——(1) The‘ammmtt standing to the crediit‘ofl any‘membcr inr ther‘fuml shall'not' in any. way. be capable of being assignednor charged" andzshalll nnt‘. hasliabie to attachment under any decree or order of any court imrespsct of‘any debt or liability incurred by the. member and no receiver appointed under the Insolvency Act, 1955 (2 of 1956), shall be' entitled to, or have any claim on, any such amount.
(2)‘ Any amount standing to. the; credit of a: mamlier in the fundfat-th‘e time'of hiS‘death and‘payable to his nominee'undér the scheme shall, subject to any. deduction authonsediby' the' scheme, vest in the nominee and shall be free from any debt orrmlien‘liabih‘ty incurred-by the deceasediorthe nominee before the deathzof the member.