(1) The adjudicating officer shall, after the enquiry 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 any of the conditions of the licence and any such person, on being found guilty by the adjudicating officer, shall be liable to such penalty not exceeding-
(a) five thousand rupees, if the value of the fish involved is one thousand 7 rupees or less ;
(b) five times the value of the fish, if the value of the fish involved is more than one thousand rupees ; or
(c) five thousand rupees, in any other case, being a case not involving any fish, as may be adjudged by the adjudicating officer.
(2) In addition to any penalty that may be imposed under Sub-section (1), 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 Sub-section (1) 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 or fish that may have been impounded or seized, as the case may be, 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 offence.
18. Constitution of Appellate Board and appeal to Appellate Board.
- (1) The Government may, by notification, constitute one or more Appellate Board or Appellate Boards.
(2) The Appellate Board shall consist of three members to be appointed by the Government of whom one shall be a person who is of has been a member of the Superior Judicial Service (Senior Branch) of the State, and he shall be appointed as the Chairman of the Appellate Board.
(3) Where only one Appellate Board is constituted that Appellate Board shall have jurisdiction throughout the State, and where more than one Appellate Board is constituted the Government may, by notification, define the jurisdiction of each Appellate Board.
(4) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is made, prefer an appeal to the Appellate Board, having jurisdiction to hear such appeal:
Provided that the Appellate Board may entertain any appeal after the expiry of the said period of thirty days but not after the expiry of sixty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(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 the amount of penalty payable under the order appealed against :
8
Provided that, on an application made by the appellant in this behalf, the Appellate Board may, if it is of the opinion that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense with such deposit either unconditionally or subject to such conditions as it may deem fit to impose.
(6) On receipt of an appeal under Sub-section (4), the Appellate Board may, after holding such enquiry as it deems fit, and after giving the parties concerned a reasonable opportunity of being heard, confirm, modify or set aside the order appealed against and the decision of the Appellate Board shall be final ; and
(a) if the sum deposited by way of penalty under Sub-section (5) exceeds the penalty directed to be paid by the Appellate Board, the excess amount, or
(b) if the Appellate Board sets aside the order imposing penalty, the whole of the sum deposited by way of penalty, shall be refunded to the appellant.