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State of Odisha - Section

Section 17 in The Orissa Marine Fishing Regulation Act, 1982

17. Penalty.

(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 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.