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State of West Bengal - Section

Section 18 in The West Bengal Marine Fishing Regulation Act, 1993

18. Penalty.

(1)If, after the enquiry held under sub-section (2) of section 17, any person is found to have contravened any of the provisions of this Act or the rules or the orders made thereunder or any of the conditions of the licence, he shall be punished with fine not exceeding,-
(a)in the case involving fish,-
(i)five thousand rupees, if the value of the fish is one thousand rupees or less, or
(ii)five times the value of the fish, if such value is more than one thousand rupees, and
(b)in any other case,-
(i)ten thousand rupees, if the fishing vessel is fitted with mechanical means of propulsion, or
(ii)five thousand rupees, if the fishing vessel is not fitted with mechanical means of propulsion.
(2)The adjudicating officer may, in addition to any penalty that may be imposed under sub-section (1), direct that-
(a)the licence of the fishing vessel shall be-
(i)cancelled or revoked, or
(ii)suspended for such period as he may deem fit, or
(b)the fishing vessel with all the fittings and accessories on board that may have been impounded, or the fish that may have been seized, under section 15, shall be forfeited to the State Government:
Provided that no fishing vessel shall be forfeited to the State Government if the adjudicating officer, after hearing the owner of such vessel or any person claiming any right to such vessel, is satisfied that the owner or such person, as the case may be, had exercised due care to prevent the commission of the offence.