Section 17 in Kerala Marine Fishing Regulation Act, 1980
17. [ Penalty. [Substituted by Kerala Act No. 22 of 2017, dated 18.9.2017.]
(1)Where the Adjudicating Officer, after inquiry under section 16 finds that,—(a)any owner/master of a fishing vessel has contravened the provisions of sections 4A, 7 or 9, he shall be liable to the following penalty, namely:—(i)if the horse power of the fishing vessel so used is upto ten hp, five thousand rupees;(ii)if the horse power of the fishing vessel so used is above ten hp and upto twenty five hp, ten thousand rupees;(iii)if the horse power of the fishing vessel so used is above twenty five hp and upto fifty hp, twenty-five thousand rupees;(iv)if the horse power of the fishing vessel so used is above fifty hp and upto ninety hp, fifty thousand rupees;(v)if the horse power of the fishing vessel so used is above ninety hp and upto one hundred and twenty hp, ninety thousand rupees;(vi)if the horse power of the fishing vessel so used is above one hundred and twenty hp and upto one hundred and fifty hp, one lakh and twenty thousand rupees;(vii)if the horse power of the fishing vessel so used is above one hundred and fifty hp and upto two hundred hp, one lakh and fifty thousand rupees;(viii)if the horse power of the fishing vessel so used is above two hundred hp and upto two hundred and eighty hp, two lakh rupees; and(ix)if the horse power of the fishing vessel so used is above two hundred and eighty hp, two lakh and fifty thousand rupees only.(b)any person has used or caused or allowed to be used any non-motorised fishing vessel in contravention of the provisions of sections 4A, 5A or 9 or any rule made or order issued thereunder, shall be liable to penalty of an amount of five thousand rupees;(c)any person has used or caused or allowed to be used any boat building yard in contravention of the provisions of section 9C of this Act or any rule made or order issued thereunder or has violated any of the conditions of the registration certificate or licence, shall be liable to penalty of an amount of two lakh and fifty thousand rupees;(d)any person has used or caused or allowed to be used any fishing net production unit in contravention of the provisions of section 9F of this Act or the rules made or order issued thereunder or has violated any of the conditions of the registration certificate or licence, shall be liable to penalty of an amount of two lakh and fifty thousand rupees:Provided that where the penalty under this sub-section is imposed on a person for the second or subsequent time and for the same offence, such person shall be punished with double the amount of the penalty and the registration or licence or both shall be suspended or cancelled:Provided further that if the person has not remitted the penalty imposed under this sub-section, the fishing vessel shall be seized and in the case of the boat building yard and fishing net production unit, it shall be sealed and shall be forfeited or attached and sold, as the case may be. to the Government after giving proper notice, in the manner as may be prescribed.(2)In addition to any penalty that may be imposed under sub-section (1), the fish seized under section 14 shall be forfeited to the Government.(3)No person shall, on and from such date as may be notified by the Government, use such type of fishing vessel specified in such notification,-(a)without holographic registration plate:(b)without life saving appliances;(c)without certified syrang;(d)without certified engine driver;(e)without signal flag and light;(f)without colour coding.(4)Any person who violates any of the provisions of sub-section (3) and found guilty shall,-(a)in the case of fishing vessel fitted with 10 hp engine or below, be liable to pay a penalty of two thousand and five hundred rupees;(b)in the case of fishing vessel fitted with engine in between 10 and 100 hp. be liable to pay a penalty of ten thousand rupees;(c)in the ease of fishing vessel fitted with 100 hp engine or above be liable to pay a penalty of twenty five thousand rupees;Provided that where the penally under this sub-section is imposed on a person for the second or subsequent time and for the same offence, such person shall be punished with double the amount of the penalty and the licence shall be suspended or cancelled;Provided further that if the person has not remitted the penalty imposed under this sub-section, the fishing vessel shall be impounded.(4a)Whoever contravenes any of the provisions of section 5, shall be liable to penalty which may extend to one thousand rupees:Provided that in the case of second offence, penalty may extend to two thousand rupees and for subsequent offences, penalty may extend to five thousand rupees.(4b)Whoever contravenes any of the provisions of section 5A, shall be liable to penalty as mentioned in clause (a) and (b) of sub-section (1) of section 17:Provided that for the second or subsequent offence, the registration and licence of the vessel shall be cancelled and the fishing vessel shall be forfeited.(4c)Whoever contravenes any of the provisions of this Act or any rule made there under shall, if no penalty is provided for the offence in the Act, shall be punishable with fine which may extend to five thousand rupees.[Amended by THE KERALA MARINE FISHING REGULATION (AMENDMENT) ACT, 2021](5)Any amount of penalty imposed under this Act may be recovered as if it were an arrear of public revenue due on land.]
