Amendment status not verified — confirm the current text below against the official source.
(1) The adjudicating officer shall, after the inquiry under sub-section (2) of section l6, decide whether any persons has used, or caused or allowed to 'be used, any fishing vessel ill contravention of any of the provisions of this Regulation or of any rule or order Illude thereunder or uny of the condition! of the licence, and any such person, on being found guilty by the adjudicating officer, st 1111 be liable to such penalty not cxceeding.- (a) in case the vesselInvolved is fifty feet or above in length,- (I) five thousand rupees, if the value of'the fish involved is one thousand rupees or less; . (iI) five times the value cffhe fish. if the value of the fish involved is more than one thousand rupees; or (iiI) five thousand. rupees, in any other case, being a case not involving fish, as may be adjudged by the Ilclj~dicating officer; (b) in case the vessel Involved I~ below fifty feel In lcngth.- (I) one thousand rupees. if the value of the fish Involved is not more than one hundred rupees; or (il) five times the value c.fthe fish. if the value of the fish involved is more than one hundred rupees but not more than one thousand rupees; or (iii) one thousand rupee s, In any other case. being a case not involving fish, as may be adjudged by tho adjudicating officer. t.:') In addition to any penally that may be Imposed under sub-section (I). the iI~iudicalillg officer may direct,~hat- THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, MAY 14,2004. 7 (a) the registration certificate of the fishing vessel which has been used, or caused or allowed 10 be used, in contravention of any provision of this Regulation or of any order or rule made thereunder or of any condition of the licence shall be·- (I) cancelled; or (;,) suspended for such period as the adjudicating officer deems fit; or (n) the fishing vessel which has been impounded and the fish. which has been , ~a:i7t'd under section 14 shall be forfeited to the Administration: Provided that no fishing vessel shall be forfelied under clause (b), if the adjudicating officer, after hearing the owner of the vessel or any person claim ing any right thereto, is satisfied that the owner or such person had exercised due care and caution ~or the prevention of the comnlission of sue h offence. Ut.( I) The Administrator may, by notification in the Official Gazelle, constitute an "ppl.'! lal~·l3onrd. Cunstirutton of Appellate Buard and (2) '1'11(, Appellate Board shall consist ofthree members one of whom shall be a person IIp[,cni to who is or has been a District Judge and such person shall be appointed as the Chairperson .. ~PpCJlutc oflhe Appellate Board and the other members shall be persons having expertise in fisheries oato. or law and such other qualifications as may be prescribed. (3) The fees and allowances payable to the Chairperso 1 and other members of the Appellate Board shall be such 8S may be prescribed. (4) Any person aggrieved by an order of the adjudicating officer may, within thirty days from the date on which the order is communicated, prefer an appeal to the Appellate Ilo:lnl: Provided that the Appellate Board may entertain nny appeal after the expiry of the said period of thirty days. but not after the expiry of sixty days from the date aforesaid, if il is satisfied tlmt the appellant was prevented by sufficient cause from filing the appeal in lime. (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 he If of the amount of penalty· payable under the order appealed against: Provided that, on an application made by the appellant in this behalf, the Appellate Board may, jf it is satisfied that the deposit to be made under this sub-section will cause undue hardship to the appellant, by order in writing, dispense willI such deposit either unconditionally or subject to such conditions as it may deem fl. to impose. . (6) On receipt of an appeal under sub-section (4), the Appellate Board may, after holding such inquiry as it deems fit, and after giving the parnes concerned a reasonable opportunity ofbeing heard, con finn, modify or set aside Ute on: er appealed against and the decision of the Appellate Board shall be final. . (7) Where the amount deposited by the appellant by way of penalty under sub- section (5) exceeds the amount directed to be paid by the Appellate Board, the excess amount so deposited, or where the Appellate Board sets aside the order imposing penally, the whole amount so deposited by way of penalty, shall be refunded to the appellant. , . J 9. '1110 Appellate Board may call for and examine the rcco 'ds of'any order made under section 17 and against the order where no appeal has been preferred under section 18, for the pUrp\lSC of satisfylug Itself as to the legality or propriety of such order or II!! to the regularity M the procedure and p:\!JS such order with respect thereto as it r lay think fit: i'ruvided that no such order shall be made without giving II reasonable opportunity of' bcmg heard to the parties . •.•.. Revision n.1' Appellate Board. - 8 THE ANDAMAN AND WCOBAR EXTRAORDINARY GAZETTE, MAY 14, 2004. I'lI\H'rs Ill" Ih,' adllHiicallll1! •• (lin', ,11111 ihc 11 •• ,11 II