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Section 17: Penalty

The Kerala Marine Fishing Regulation Act,1980State Act of Kerala · Act 10 of 1981

( 1) 'fhe adjudtcating officer shall, after the enquiry .lndcr:5eCtlon 16, dcc1de wheth~r any person h<l.~ used, or caused or allowed to be used, any fish tug vessel 1 n cont1 avenli Jll of any of the provisions of this Act (Jl of ar, y order or 1 ule made thereunder u.L· auy ,Jf the conditions of the licence and any such person, on being !ound guilty by the a~JUdlCc.l.llng officer, shall be liable to such penalty not exc~edtng-

(a) five thousand rupees, 1f the value of the fish mvolved 1s one 0 thousand rupees 01 lc.s~ ,

(b) hve thncs the value of the fi~h, if the value of the fish 1nvolved ts n1ore than one thousand rupees; or {c) hve thousanclt upces, in any other case, b~u1g a ca:.e not involv1ng any fish, as 1n~y bJ; adjudged by the adjudicating otl1ccr.

( ' I' I I "\ 57

(2) In addition to any penalty that may be hnposcd under sub-sccti0n

(1), the ndjudicating ofliccr may direct that-

(a) the registration cctlificatc of the fishing vessel \vhich ha~ b,·cn used, or caused or aJiowcd to be used, in the manner referred to in subsection (1) or th<~ licence, any condition of which has bce1i contravened, shall bc-

(i) cancelled or revol(ed, 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 14 shall be forfeite<l to the Government :

l1rovided that no fishing vessel.sha) 1 be forfeited under clause (b) if the ntlj udicating officer after hearing the owner of such vessel or any person claiming any right thereto i~ <;atisficd that the owner or such person had exercised due care for the prevention of the commission of such offence.

Where this provision sits

ActThe Kerala Marine Fishing Regulation Act,1980
Section17
Marginal notePenalty
JurisdictionState of Kerala
StatusIn force as published by the source

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