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State of Maharashtra - Section

Section 17 in Maharashtra Marine Fishing Regulation Act, 1981

17. Imposition of penalty.-

(1)The Adjudicating Officer shall, after the inquiry is held 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 or of any of the conditions of the licence. When such person is found guilty by the Adjudicating Officer, the Adjudicating Officer may, by order in writing impose on such person a penalty of an amount not exceeding-
(a)five thousand rupees, if the value of the fish involved is one thousand rupees or less;
(b)five times the value of the fish, if the value of the fish involved is more than one thousand rupees;
(c)five thousand rupees, in any other case, including a case where there has been no catch of fish, as may be adjudged by the Adjudicating Officer.
(2)The amount of any penalty imposed under sub-section (1) shall be recoverable as an arrear of land revenue.
(3)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 State 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 thereof, is satisfied that the owner or such person had exercised due care for the prevention of the commission of such default.