Chapter VII Chapter VII

Penalty

If any person,-

1. (a) contravenes any provision of this Act or any rule made thereunder; or
2. (b) prevents an Aqua-culture Seed Inspector from taking sample under this Act; or
3. (c) prevents an Aqua-culture Seed Inspector from exercising any other power conferred on him by or under this Act, shall, on conviction, be punishable,-
   • (i) for the first offence with fine which may extend to minimum of five thousand rupees; and
   • (ii) in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to minimum of six months or with fine which may extend to minimum of ten thousand rupees or with both.

Where a person has been convicted of any offence punishable under this Act or the rules made thereunder, the Aqua- culture seed in respect of which the offence has been

committed, may be forfeited to the Government.

1. (1) Where an offence under this Act has been committed by a Company, every person who at the time of the offence was

committed, was in charge of and was responsible to the company

for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation:- For the purposes of this section-

1. (a) ‘Company’ means any body corporate and includes a firm or other association of individuals; and
2. (b) ‘Director’ in relation to a firm, means a partner in the firm.