Section 9: Penalty 1[and procedure]

9. Penalty 1[and procedure].— (1) Whoever contravenes any provision of this Act or the rules shall be punishable with 2[rigorous imprisonment for a term which may extend to five years, or with fine which may extend to ten million rupees, or with both]. (2) Any court convicting any person under sub­section (1) may order that any fish caught or taken 3[and any fishing craft and fishing gear used,] in contravention of the provisions of this Act or the rules, shall be forfeited to the Federal Government. (3) Where the person contravening any provision of this Act or the rules is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention. (4) Whoever, attempts to contravene, or abets the contravention of, any provision of this Act or the rules shall be deemed to have contravened the provisions of this Act or the rules. 4[(5) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) it shall be lawful for any Magistrate of the first class specially empowered by the Provincial Government in this behalf to pass any sentence authorised by this Act or by any of the laws extended under this Act.].

Effective date: 1975-01-01

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