Kerala act 030 of 1985 : The Kerala Fishermen's Welfare Fund Act, 1985

194- M KERALA FISHERMEN'S WELFARE FUND

ACT.

1985

(Act ^30of

1985)

CONTENTS

Preamble (cottons Short

title,

extent and commencement. Definitions.

Fisherman's Welfare Fund Scheme. Contribution to^the

Fund. Amount to

be accounted to

the credit

of each member. Modifications of

Scheme. Constitution

of Board. Power of the Board to

borrow. Term

of olfice

of

non—official members.

10. Removal of non-oficial

members.

11.

Appointment

of staff.

12.

Determination of

contribution.

13. Provisional assessment and collection of advance contribution.

14.

Exemption.

15. Power to obtain

copies

of records

etc,

maintained

by

n Fishermen's Welfare

Society.

16. Mode of recovery

of

money

due

under

the

Act.

17.

Protection

against

attachment.

18.

Priority

of

payment

of contributions over other

debt.

19.

Penalty.

20.

Offences

by Companies.

21. Power to recover

damages.

22. Protection of acts

done.

in

good

faith.

23. Direction

by

Government.

24.

Power to order

inquiry.

25. Power to

supersede

the

Board.

26. Audit of accounts of the

Board.

27

Annual

report.

28. Power to make rules.

29.

Laying

of

rules and

notifications before the

Legislative Assembly. Schedule PWSV'S'PPNP

19.3

THE

KERALA

FISHERMEN'S

WELFARE FUND

ACT,

1985* (Act ^30of

1985)

An Act

to

promde for

the constitution

of ^a

welfare fund for promotmg ^the

welfare of fishermen ^imtheState

of

Kerala ^and for

matters inczdental thereto. Preamble—WHEREAS ^itis

expedient ^to

prov1de ^{for the} constitution of^awellure fund ^for

promotion ^ofthewelfare^of fishermen ^intheState^ofFerala^{and for}CGI'HLn other matters incidental

thereto. BE it

enacted

in the

Thirty-sixth

Year of the

Republic

of India as follows:—

1.

Short

title,

extent

and

commencement—(1)

ThlS Act

may be called ^theKerala. Fishermen's Welfare ^Fund

Act,

1985.

(2) ^It

extends ^tothe

whole^oftheState^ofKerala.

(3) ^It

shall^comeintoforce^{on suchdateasthe}

Government may,

by

notification in

the

Gazette,

appoint.

2.

Definitions—In

this

Act,

unless the context

otherwise requires,— (a)

"Board" means^the

Kerala

Fishermen's Welfare ^Fund Board constituted under

section

7; (b)

"contribution" means^thesumof

money

payable ^tothe fund under

section

4; (c)

"Director^of

Fisheries" means^the

Director^of

Fisheries for the

State of

Kerala; (d)

"dealer" means

any

person ^who

carries^on

within the State ^of

Kerala ^the

business ^of

buying

and

selling

fish or

processing fish for

export

or

domestic

marketing

and

includes,—

(i) ^acommission

agent, ^a

broker, ^or

any other

mercantile agent by

whatever^name

called; ^and

(ii) ^anon-resident dealer^oran

agent ^ofa

non-resident dealer or a local branch of a firm

or

company

or

association

situated outside the State

of

Kerala.; (e)

"fish" includes prawn; '

Received the assent of

the President on the 10th

day

of

December, 1913—5 and

published ⁱⁿ

the

Kerala

Gazette,

Extraordinary

No

1060 dated the 13th

December,

1985

196

(i)

"Fisheries Ofiicer" means^theFisheries Oflicer

appointai under clause

(11)

of section ²

of the Kerala Fishermen

Welfare Societies

Act,

1980

(7

of

1981); (g)

"fisherman" means^afisherman ^asdefinedⁱⁿ(lause ^(e) of section ²

of the Kerala Fishermen

Welfare Societies

Act,

1980

(7 ^of

1981); (h)

"fishing

vessel"

means^a

ship ^or

boat,

whether ^ornot fitted with mechanical means of

propulsion,

which ^is

engaged ⁱⁿ fishing ^for

profit ^and

includes,—

(i) ^a

catamaran; ^and

(ii) ^a

country

craft,

known

by ^thename"vanchi"^oz

"vallom" ^or

by any other local variations

thereof, (i)

"fund" means^theKerala F'ishermen's Welfare^Fund established under section 3 and ^the

scheme; (j)

"member" means^amember^ofthe

fund; (k)

"scheme" means^theKerala Fishermen's

Welfare ^Fund Scheme framed under this

Act;

(1)

"schedule" means^the

schedule ^{to thisAct.}

3. Fishermmz's

Welfare ^Fund

Scheme.——(1) ^TheGovernment may, by

notification in the

Gazette,

frame^ascheme^tobe called the Kerala Fishermen's Welfare Fund Scheme for the establishment of a, fund under this

Act

by

name "the Kerala Fishermen's Welfare Fund" for the welfare ^of

fishermen and

there

shall be

established, as soon as

may be after the

framing

of the

scheme,

the

flmd in accordance with the

provision

of this Act and scheme.

(2)

There

shall^becredited^tothe

fund,—

(a) ^thecontributions

specified ⁱⁿ

section

4;

(b) ^feelevied under^the

scheme:

(0)

damages

realised under

section

21,

(d)

grants ^orloans^oradvances^made

by ^theGovernment of India or

the State

Government,

(5) any voluntary

donations:

(f) any

penalty

levied under^the

provisions ^ofthe

Kern]:

Marine

Fishing Regulation

Act,

1980

(10

of

1981):

(g) any

amount raised

by ^theBoard^fromother sourcea to

augment

the resources of

the

Board.

(3) ^Thefundshall^vestinandbe

administered

by ^theBoard.

(4) ^{The fund}may^beutilised^forallor

any^ofthe

following purposes, namely-—

(a) ^to

provide ^fordistress relief^tofishermenⁱⁿtimes^of natural

calamities;

197

(b) ^[or

payment ^of

financial assistance ^to

fishermen^who suffer

permanent

or

temporary

disablement;

(c) ^for

payment ^of

loans ^or

grants ^tofishermen ^tomeet the

expenses for the

marriage

of

children, ^or

expenses

in connection with disease or death of

dependants, ^or

any unexpected expenditure or

the

day

to

day

expenditure

during

lean

months;

(d) ^to

prov1de ^{for the}fishermen^andthe

members ^of

their families,—

(1)

education,

vocational

training ^and

part~time employment; (ii)

social education centres

including

reading

rooms ^and libraries; (iii)

sports, games^andmedical

fac11i1.ies; (iv)

nutritious^foodfor

children, ^and (v)

employment opportunities ^{to the}

handicapped;

(e) ^for

payment ^of

financial assistance ^tofishermen ^who suffer

loss of houses or

fishing

implements

or

any

other

damage

due to natural calamities or other

unexpected

causes; (1?) ^to

provide ^old

age assistance ^to

fishermen;

(g) ^forthe

implementation ^ofany other

purpose specified in

the

scheme.

(5)

Every

fisherman^whoisamember ^ofaFishermen's Welfare

Society

constituted under

section ⁴

of the Kerala Fishermen Welfare Societies

Act,

1980

(7

of

1981),

shall be a

member of the fund.

(6)

Subject ^tothe

provisions ^{of this}

Act, ^the

scheme framed under

sub-section

(1) may

provide

for

all

or

any of the matters specified ⁱⁿsub-section ^{(4) andinthe}schedule.

198

Provided ^that

the

Board shall

fix, upon^such

principles ^as

may be

specified ^inthe

scheme, ^theamount which^adealer shall

contribute every year ^to

the

fund, ^fora

period ^of

three

years from ^the commencement of this Act:

Provided further that ^theamount fixed under

the

preceding proviso

shall^not

exceed ^{one per centofthesale}

proceeds ^ofthe dealer.

(3) ^Theowner^ofa

fishing

vessel

shall

contribute^tothefund every

year ^anamount calculated at the

followmg

rates,

namely:— (a)

traditional

craft,— (i)

catamaran (nonmotorised) catamaran

( motorised) (i1)

country

craft

upto 9 metre ^size (non-motorised) country

craft ^upto 9 metre

size (motorised)

(iii) country

craft above

9

metre size (non-motorised) country

craft above

9

metre size (motorised) (b)

Mechanised

boat,— (i)

below^15CRT —

RE.

1 per monih per

catamaran for nine

months; —

Rs.

2 per month per catamaran for nine

months; —

Rs 3 per month

per

country craft for nine

months; —

Rs. 5

per month per country craft for nine

months; —

Rs.

5 per month

per country craft for nine

months; —

Rs. 7 per month per country craft for mne

months:

—

Rs. 100 per month per boat for ^nine

months;

(ii) ^{of 15 CRTand}above ^{—- Rs.200}per month per^boat but below 25 CRT^fornine

months; tin) ^{of 25}

GRT ^andabove ^{— Rs.400}per month per^boat upto ^{35 CRT}

(iv)

above ^{35 CRT} for ^nine

months; ——

Rs. 1000 per month

per

boat for nine

months:

(4) ^Theowner^ofa,

fishing ^netshall contribute^tothefund one

rupee per net

per month for nine months

every year.

199

Explanatzon.——For ^thepurposes ^{of this}

sub-section,

"fishing ^net" means a china

net ^{or a}stakenet ^ora.free net used

tor

catching

fish.

(5) ^Theowner^ofa

prawn

filtration ^{area orafishfarm}shall contribute every year ^tothefund ^two

per ^centof ^thevalue^{of the} prawn and other fish

caught

from ^theprawn filtration ^{area orthe} fish farm

during ^the

year:

Provided that the Board shall fix upon^such

prinmples ^as

may be specified ^inthe

scheme, ^theamount which ^the

owner^ofa

prawn filtration area

shall

contribute every year ^{tothefund tora}

period of

three years

from the commencement^of

the ^Act:

Provided

further

that the

amount fixed under ^thepi eceding proviso

shall^notexceed^two

per ^centofthevalue^oftheprawn^and other

fish

caught during

a

year:

Provided also ^thatno contribution shall^be

payable by ^the owner

of a fish farm for the

first

three years from

the

formation

of the

fish farm. Explanation—For ^thepurposes^{of this}

sub-section,

"prawn filtration area"

means

any water-logged ^area

where prawn filtration is carried on

during

the whole or

any

part

of ^the

year, but

does

not include any

area where

paddy

is cultivated at

any ^time

during

a

year.

(6) ^A

person ^who

employs ^a

fisherman ^{in a.}

fishing

vessel shall

be liable to

pay

under

sub-section

(7)

the

contribution

payable by ^that

fisherman under

sub-section ⁽¹⁾

after

deducting ^that amount from the

wages

or other remuneration due

to

such

fisherman.

(7) ^The

contributions shall ^be

paid ^tothe

Fisheries Officer or

to

any

officer

of the

Board authorised

by

the Board In

this behalf.

(8) ^Theamount^of

contribution

shall^berounded^offtothe nearest

rupee and,

where

such

amount

contains

part

of a

rupee consisting ^of

paise, then, ^{ifsuch part is}

fifty

paise ^or

more,^itshall be

increased

to one

rupee and

if such

part

is less than

fifty paise, it shall be

ignored.

5. Amount ^tobeaccounted^tothe

credit

of

each

member.— Each member shall be entitled ^tosuch amount in the

fund as

may be fixed ⁱⁿaccordance ^withtheformula

specified

in^the

scheme and entered ⁱⁿ

the accounts of the fund^to

his credit.

6

Modifications

of

Schema—The

Government may,

by notification ^{in the}

Gazette, ^add

to,

amend ^or

vary^thescheme.

200

7.

Constitution

of

Board—(1) ^TheGovernment may, by notification ^inthe

Gazette,

constitute^witheffect^fromsuchdate ^as may ^be

specified

therein, ^aBoard ^{to be}called^theKerala Fishermen's Welfare Fund

Board ^fortheadministration ^ofthefund and ^to supervise ^{and to}

carry ^outtheactivities

financed^fromthefluid.

(2) ^TheBoard shall ^bea

body corporate by ^thename aforesaid,

havmg perpetual

succession^{and a}common^sealandshall by ^{thesaidnamesueand be}

sued.

(3) ^TheBoard

shall consist^ofthe

following

members, namely,— (a)

Secretary ^toGovernmentⁱⁿ

charge ^of

fisheries;

(b) ^theDirector ^of

Fisheries;

(c) ^theChairman^and

Managing

Director ^oftheKerala State

Co-operativc

Federation ^forFisheries

Development;

(d) ^{the Law}

Secretary ^oranofiicer ^{of Law}

Department nominated

by

him;

(e) ^a

representative ^ofthe

Finance

Department ^tobe nominated

by

the

Government;

and (f)

three

representatives ^ofthefishermen^tobenominated by ^theGovernment.

(4) ^TheGovernment shall nominate^oneofthe

members of the Board as its Chairman.

(5) ^TheBoard shall administer^{the fundinsuch}manner^as may be

specified

in^thescheme

(6) ^TheBoard may,^withthe

previous approval

of the Government,

delegate ^totheDirector^of

Fisheries or to the Managing

Director^ofthe

Kerala. State

Co-operative

Federation^for Fisheries

Development

or to

any officer of the

Government or of the Board, ^suchofitspowers ^and

functions under ^{this Actor}

the scheme as it may consider necessary

for

the

efficient

administration of the fund, subject ^{to such}

restrictions ^and

conditions, ^if

any,

as it

may specify. '8. Powe7 ^{of the}Board^toborrow^—The

Board^may,fromtime to

time,

With the

previous approval

of the

Government and

subject to such terms and conditions as

may

be

specified by

the Government,

borrow money^forthepurposes of

the scheme.

2'01'

,

9. ^Term

of Office

of

non-official

members.—(1)

A

member nominatedumder

clause

(f) ^ofsub-section

(3) ^ofsection⁷shall ^hold oflice for a^termof five

years from

the date

of his

nomination,

and shall

be

elig1ble

for renomination. ('2)

Any

nominated member may resign ^his

membership

by giving

notme ¹ⁿ

writing ^tothe

Government, ^butshall continueⁱⁿ o'flice until 'his

Iresignation

is

accepted

by'

the Government.

10.

Removal

of non-official

members.-—(1)

The Government may,

by

notificationⁱⁿ

the

Gazette, removeiany

non-official

member of the Board ^from

office,—

(a) ^if-he

has,

without

theipermissionof ^the

Board, ^been absent'drom ^«the

1meetings ^{of 'the}Board ^for

anyzperiod

exceeding three consecutive months or if

within

the said

period

less

than

three meetings ^havebeen

held, ^he

absents «himself^from

three

consecutive meetings:

Provided,

'hOWever,

that-such eibsence' may^becondoned

by ^the Board

before

the

publication

of the notification

in the official Gazette;

(b) ^if

he, ^inthe

opinion ^oftheGovernment, ^isunsuitable or has 'become

'in'capable

of

acting

as a

member

or

has

so abused his

position as a

member as to

renderhis continuance

as -such member detrimentalto the

,public

intweet:

Provided that

before

removing

a. member under

this

sub- section, he 'shall

*be

given

a

reasonable

Opportunity

to show cause

why

he shoul'd not

'be removed. 4 1(2) ^cA

-non~oflicia.l member'of^the

)Board removed under clause

(a) ^of

sub-section

(1)

shall be

disqualified

for

nomination as a member of the

Board for a

.period1 10f

three

years from the date of

his removal

unless

otherWise

ordered

by

the Government.

1(8) ^1A

nonofiicial meniber '61'

'the 'BOard 'removed under clause

(b) ^of

sub-section

l(1)

shall not We

eligible for

l1'enorn1nat1on until he is declared

by

an order of the Government 1to be Ino

longer ine'l1g'ib1e.

11.

Appomtme'nt

of staff.——-(1) The Board may,

with the previous

approval ^(ifthe

Government, appoint ^suchstaffas ^itmay consider' necessary.

(2)

Subject ^{to the}

provisions ^ofsub-section

(3), ^themethod of

recruitment,

salary

and allowances and

dther conditions of

25

,686'MC --1 .-

l ._...

M

'

202

service of the staff

appointed by

the

Board shall

be such as

may be

specified by

the Board With the

previous approval

of the Government.

(3) ^{In thecaseof}

posts ^{in the}serVice under^theBoard ^to which

appointment

is made

by

direct

recruitment.— (a)

fifteen per ^centshall^bereserved^for

appointment ^from candidates

belonging

to

families of

fishermen;

(b) ^ten

per ^centshall^bereserved^for

appomtment ^from candidates

belonging ^to

scheduled castes and scheduled tribes; ^and

(c)

twenty-five per ^centshall^bereserved ^for

appointment _- from

candidates

belonging

1.0 other

backward

classes.

,

Explanation—For

the

purposes of this

sub-section,

the expressions,

"scheduled

castes",

"scheduled

tribes"^and"other backward

classes" shall^havethe

meanings

respectively ass1gned to them ⁱⁿ

the Kerala

State

and

Subordinate Services

Rules,

1958.

12.

Determination

of

contributm.—(1)

The

Fisheries Officer or

any

officer of the Board not below

the

rank

of

a

Sub

Inspector of

Fisheries

authorised

by

the Board in this

behalf may, after making ^such

inquiry ^as

may^be

necessary^andafter

giving every person liable^topay contribution under section^4an

opportunity ^to be

heard, by

order,

determine the amount due from such person under

that

section.

(2) ^Theoflicer

conducting ^the

inquiry

under subsection

(1)

shall, ^{for the}purposes ^{of such}

inquiry, ^havethesame

powers as are vested

in a civil

court,

while

trying

a

suit,

under

the

Code

of Civil

Procedure,

1908

(Central

Act 5 of

1908),

in

respect

of the following

matters,

namely:— -

(a)

enforcing ^theattendance^ofany person ^or

examining him on

oath; (b)

requiring ^the

discovery ^and

production ^of

documents; (c)

receiving

evidence^on

affidavit; (d)

issuing

commissions^forthe

examination of

witnesses. ' .

.

(3)

Any inquiry

under

this section shall be

deemed to be 3. Judicial proceeding

within^the

meaning ^ofsections 193 and 228 and for the purpose

of

section 196 of

the Indian

Penal

Code,

1860

(Central ^Act45of

1860).

(4)

Any

person

aggrieved

by

an order under sub-section

(1)

may

prefer ^an

appeal ^tothe

Director^of

Fisheries within

sixty days 'V

203

from ^thedateof

receipt ^oftheorder and ^theDirector ^of

Fisheries may, after

making

such

inquiry, ^passsuchorders

thereon ^{as he} thinks ^fit.

(5) ^TheGovernment may, either suo-motu ^{or on}

application of ^the

aggrieved person, ^callforthe

record ^ofany

proceeding

taken by ^theDirector^ofFisheries under sub-section ^{(4) andmake} such

enquiry

and pass such

orders, ^as

they

deem fit:

Provided ^thatan

application ^for

revision

under^this

sub-section shall be^madewithin

thirty

days ^{fromthedateon}which^the

order was communicated to the

applicant:

Provided further

that^noorder shall be

passed

under this Imb'section

without

giving ^the

person ^who

may ^beaffected

thereby, an

opportunity

to be heard.

13.

Provisional

assessment ^andcollection

of

advance contribution—(1)

Every person liable^to

pay 'contribution under section ⁴

shall,

pending

determination

under section 12 of

the amount due from

him, pay every month

by way of

advance contribution ^anamount

equivalent ^toone-twelfth of the amount payable annually^{by him}

according ^tothelatest determination under the

said section:

Provided that the

provisions ^of

this sub-section shall not

apply to the

payment

of contribution

by ^a

fisherman ^ora dealer or the owner of a

prawn filtration area or

a fish farm for the

period

of three years from ^thecommencement of this Act under the

proviso to

subsection

(1) ^or

sub-section

(2) ^or

sub-section

(5) ^of

section

4,

as the case

may be.

(2) ^Theadvance contribution^{for a}

month shall become payable ^onor

before^the5th

day ^ofthe

succeeding

month.

(3)

Where^the

advance contribution^isnot

paid ^{on or}before the due

date,

the Fisheries Officer or

any officer of the

Board authorised

by

it ⁱⁿ

this

behalf,

shall issue a

notice to the defaulter showing ^theamount^ofarrears,^andiftheamount^isnot

paid

within fifteen

days

of the

receipt

of such

notice,

it may be

recovered in the same manner as arrears

of

public

revenue due on

land under the Revenue

Recovery

Act

for the time

being

in force.

(4) ^Theamount

paid

under^this

section ^foran

year shall^be adjusted against ^theamount determined under section^12forthat year.

'

14.

Exemption—Government may, by

notification in the Gazette, exempt any dealer,

whose annual

turnover ^{from fish does}

204

not exceed'Rs:

24,000 per

annum. from all or

any oflthe

pvovisionsof this

Act;

subject

to such' condition ^as

may ^be!

specifiedxin

the notification.

15. Power

to.obtam-cop1'es~ of

records

etc, maintameiby ^a fishermen's-

Wélfa're Society—(1) Any

officer ^of.

the

B'oard'. ^not below ^the

rank of. ^a.

FiaherieeDevelopment

Officer;

auihonised

by ^it in ^thatbehalf

shall ^havepower ^to

peruse^thebooks ^or

registers ^or other records

maintainedfby- ^aFisherman's Weifanei

society.

consti- tuted under the Ker-ala Fishermen Welfare

Societies-.Aci;.1980

(7

of 1981) ^{or to}

requisition ^the

supplymfzawpy ^of

anyrsuchxbnnk ^or register ^orother record^orofany entry

therein^{as may be}

specified in such

requisition.

(2) ^The

Fisheries Officer

shall

provide

all'fac'ilitles ^forthe perusal ^ofany^bookor

register ^or.other records ^{by an}officer. under sub-section

(1)

and shall

cornply ^withany requisition

made under that

subsection.

16. Media

of

recovery of' money

due under th'e

Act.——Any amount due from any person under the

provisioned!

this A'ct.^orthe scheme may be recovered'in ^thesame manner as*an~arr.ear^of

public revenue due^on

land

under the Revenue

Recovery

Act'

for the

Lime Being

in'force.

17.

Protection

against

attoclnmt:——(1)

The'ammmtt

standing to ^the

crediit'ofl

any'membcr

inr ther'fuml shall'not' in any. way. be capable ^of

being assignednor charged"

andzshalll

nnt'.

hasliabie^to attachment

under

any decree^ororder of any

court

imrespsct of'any debt or

liability

incurred

by

the. member

and no receiver

appointed under the

Insolvency

Act,

1955

(2

of

1956),

shall be' entitled

to,

or have any claim on, any such amount. (2)'

Any

amount

standing ^{to. the;}

credit^{of a:}

mamlier^inthe fundfat-th'e time'of hiS'death

and'payable

to his nominee'undér the scheme

shall,

subject

to

any. deduction

authonsediby'

the'

scheme, vest

in the nominee and

shall

be free from any debt

orrmlien'liabih'ty incurred-by ^thedeceasediorthe nominee before^the

deathzof^the member.

18.

Priority of payment of

contributions over other

debt.— Where any. person'liablo

to.

pay» contribution under section 4 is adjudicatedineolvent orwin ^mewhere^such

personiis-arcompany, ^an order for

winding up is

made,

the amount due from such person under the scheme

shall,

where the

liability

therefor has accrued before the-order of

adjudication

unwinding

up is'marle;

be

deemed .to

he'included

amongthe-

debts

'\

205

Gompm1ies>Aot-,.1956:

(Gentml

Antlll ^of

1956) ^areto.be

paid-in priority ^to.allroflmn dEbteinl ^the:dishibntioniof-^the-

property ^{of: the} insolvent: on^theassets: ofl ^the

company; being

wound. up; ^as:

the: ^case may be.

19.

Penalty:

(31$

Whoever ^for

the purpose of'

avmding

any paymentx ^tmba

madmbyyhimselfxmnlm ^{thisAct or}under ^the

scheme or

fonmabling:

any other person) toiaxvoid: such

payment lmowingly makescn causes to.be.made

any.£a.lseistabemention

false

representa- tion sh'alI'be'

punishable

with

imprisonment

for^atermwhich.

may extend to three months ^orwith fine which may extend ^toone thousand-rupees;

or'w-itii-lioth.

(2):

Whoever

contrayenesoz: makes default ⁱⁿ

complying.with any of'the

provisions. ^ofthi's.A'ct-.on tithe: scheme

shall, ^if.no»other penalty ^is

elsewhere.

provided by ^or'under ^{thisActforsuch} contravention

Wmomcomplizmoe;

be

punishable

with

imprisonment for-a' ^termwhich

may

extend tO' three months^or

with

fine

which may'e'xtend '

to' one thousand

rupees,.

or with

hoth'.

(3) ^Nocourt shall^take

cognisance ^ofany. offence

punishable under this Act

except

on a

report ⁱⁿ

writing

of

the

facts

constituting manoflmceemadmwidnuie-meouw

sanction ^ofthe

Board,

by ^the Humorrofifimmwon'hytthv Managing"

Director^oftheKerala $211123

Cmamnzfive

Fademtien fam'FisheriesI

Development

or-

by-

such officer of^the

Bomflmt'DbpantmantJ

off

Fisheries not

beIOW'the-rank ofiAssistanLDinecton ^of.

Fisheries,.a.s^may'be

specified ^{in this}behalf by ^theBoard.

20.

Oflanoas'bly Gampaniesa~fllbl ^If!

the person

committing!

an offence

under

this.Aot.is:aJ company, every officer of' the

company who is.^in.default^as

well as the

cornpany,- shalt be

deemed! to: be guilty ^{of the}offénce^andshall'be liablettobc

proceeded

against ^and punished accordingly:

'

RroWdedltliatf ⁱⁿ⁾

any proceeding" against

an

officer of the company ^in\

respect

ofazn ofi'énce'

undér'^{this [tot it'}

appears ^{to the} court

hearing ^thecasethat the offénce' iS' not

attributable to

the negligence;

default;

Breach

of'duty;.misfeasance ^or

breach^oftrust emmnittedxbyy ^tho'

ofiicembntx

that!^hehasr

acted

honestly ^and reasonably ^and

thathavinga reganiitb'all' ^the

circumstances of'tlie canajnduding,

those connected. with.^his'

appohltment, ^he

ought fairly, ^{to be.}

excused; ^the.count.

may: relieve^himeither

wholly' ^or partly,.fromi his-.liability ^onsuchterms~as=^it

may think^fit.

(2)

Notwithstanding

anything

contained^in'

sub-section

(it), where ^an

offence under.

this Act ^hasbeen.

committed.

by

a

company and' ^it"

is'proved

that'

the offence- hasbeen

committedwithi the consent'

Wmmi'vance

of; ^oris

attributable to any wilful

negligence,