(1) Where the authorised officer has reasonable grounds to believe that a fishing vessel is being or has been used in contravention of any of the provisions of this Regulation or of any order, notification or rules issued or made thereunder or any of the conditions of the licence granted under this Regulation, he shall prepare and submit a report thereof to the adjudicating officer regarding the contravention committed, in such form and manner as may be prescribed.
(2) The adjudicating officer referred to in sub-section (1) shall be any officer of the Department or Central Government, not below the rank of Deputy Director of Fisheries authorised by the Administrator, by notification, to exercise the powers conferred on, and discharge the duties imposed upon, by this Regulation for such areas as may be specified therein.
(3) The adjudicating officer appointed under sub-section (2) shall be at least one rank above the rank of authorised officer.
(4) Upon receipt of the report from the authorised officer, the adjudicating officer shall hold an inquiry into the matter mentioned in the report in such manner as may be prescribed, and after being satisfied that a contravention has been committed, shall issue a notice to the owner or Master of the fishing vessel requiring him to show cause as to why penalty should not be levied or other action should not be taken against him under this Regulation:
Provided that the adjudicating officer shall along with such notice, provide a copy of the report submitted by the authorised officer under sub-section (1) and all other relevant material to the owner or Master of the fishing vessel, as the case may be:
Provided further that any fishing vessel seized or fishing gear seized under section 12, shall be released if no notice under this sub-section is issued within a period of fourteen days from the date of seizure of such fishing vessel or fishing gear.
Power to enter, search and seizure of fishing vessel.
Adjudication.
8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 8 Monitoring, control, surveillance measures and enforcement.
(5) The owner or Master of the fishing vessel, as the case may be, may at any time, before or after the issuance of a notice under sub-section (4), may make an application before the adjudicating officer for release of the fishing vessel seized under sub-section (1) of section 12, and the adjudicating officer shall release such seized fishing vessel upon the owner or Master, as the case may be, furnishing a security deposit in the form of bond or such other form, subject to such conditions as may be prescribed:
Provided that any such bond furnished shall automatically stand discharged, if no notice under sub-section (4) is issued within a period of fourteen days from the date of seizure of such fishing vessel:
Provided further that if no application for release is made by the owner or Master, as the case may be, in respect of any seized fishing vessel within a period of six months from the date of receipt of a notice under sub-section (4), the adjudicating officer shall declare the seized fishing vessel as abandoned and upon such declaration, the fishing vessel shall vest with the Administration, free from all encumbrances and such fishing vessel may be disposed of by the Administration in such manner as may be prescribed.
(6) The owner or Master of a fishing vessel, who has received a notice under sub-section (4), shall file his reply before the adjudicating officer within a period of thirty days from the date of receipt of such notice.
(7) The adjudicating officer shall, upon considering the reply of the owner or Master of the fishing vessel who has received a notice under sub-section (4), if any, placed before him and after providing an opportunity of being heard to such owner or Master, either pass an order in accordance with section 17 or dismiss the proceedings, as the case may be:
Provided that any fishing vessel seized and released pursuant to an application made under sub-section (5) shall be liable to be seized by the adjudicating officer under section 15, in such manner as may be prescribed:
Provided further that any fishing gear seized under section 12 shall be liable to be dealt with in such manner as provided in section 15:
Provided also that any fishing vessel seized under section 12, in respect of which any security deposit in the form of bond or such other form is furnished by the owner or Master of the fishing vessel shall automatically be discharged upon dismissal of the proceedings:
Provided also that any fishing gear seized under section 12 shall be released upon dismissal of the proceedings.
CHAPTER III MONITORING, CONTROL AND SURVEILLANCE SYSTEM