Fisheries (Regulation of Foreign Fishing Boats) (Amendment) Act 2018 · As enacted
13. Replacement of section 20 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 20 of the principal enactment is hereby repealed and the following section substituted therefor:-
20. (1) Where the Director-General has sufficient evidence to believe that any person has acted in contravention of the provisions of this Act, he may–
on the recommendation of the panel appointed under section 20A of this
Act, in relation to any offence that was committed for the first time in the
Exclusive Economic Zone of Sri Lanka;
having regard to the circumstances in which such contravention has taken place, if it is appropriate to compound such offence, cause a notice to be served in the prescribed form on such person, requiring him to appear within one month from the date of receipt of such notice and show cause why a sum of money should not be charged on him.
Fisheries (Regulation of Foreign Fishing Boats)
Where the person on whom the notice is served appears within one month from the date of receipt of such notice and admits that he acted in contravention of the provisions of this
Act, the Director-General shall charge from that person a sum not less than one fifth of the minimum penalty that could be imposed under this Act to which such person could be liable to pay. Further a sum of money not exceeding the aggregate of the estimated value of the boat, fish or other thing and the costs incurred in the detention of the boat and repatriation of its crew shall be paid as part of the settlement under this section and the Director-General shall order the release of such fishing boat, fish or other thing in respect of which no order of detention has been made by the Magistrate.
Where a person on whom notice is served within one month from the date of receipt of such notice states that he has a cause to show against the compounding of the offence, the
Director-General may proceed forthwith to hear and decide the matter in the manner prescribed.
Where the Director-General is not satisfied with reasons given, he may after assigning his own reasons therefor, charge from that person a sum of money specified in subsection (2) of this section.
Where the Director-General charges on any person a sum of money specified in subsection (2) of this section, he shall cause a notice in the prescribed form to be servd on such person indicating partiulars of such charge.
Any person aggrieved by such decision of the Director-General may appeal to the
Secretary to the Ministry of the Minister assigned the subject of Fisheries and Aquatic
Resources Development (hereinafter referred to as the “Secretary”) within thirty days from the date of receipt of such decision of the Director-General.
The Secretary shall, after taking into consideration the decision of the Director-General and the circumstances in which the offence was committed may—
affirm the decision of the Director-General and disallow the appeal;
set aside the decision of the Director-General and allow the appeal;
allow the appeal subject to any amendment, alteration or variation of the decision of the Director-General.
The decision of the Secretary shall be notified to the Director-General who shall take steps to comply with such decision within fourteen days from the date of communication of such decision to the Director-General.
Such decision of the Secretary shall be communicated to the aggrieved party.
Any person aggrieved by such decision of the Secretary may prefer any appeal to the
Court of Appeal within thirty days from the date of communication of such decision, on a question of law.
The compounding of any offence under this section shall be notified in writing under the signature of both parties to the Magistrate’s
Court and shall have effect of an acquittal of the accused.”.
Fisheries (Regulation of Foreign Fishing Boats)