Chapter VI SEIZURE, ARREST, PENALTIES AND COMPOUNDING

(1) Any fish caught or collected or harvested or cultured or harvested through filtration in contravention of any of the provisions of this Act or any Rules or Orders made thereunder, whether living or dead shall be deemed to be the property of the Government. (2) No person shall, without the written permission of the authorised officer, acquire or receive or keep in his possession or custody or control or transfer to any person or destroy or damage the property mentioned in sub- section (1). (3) Any person, who obtained the possession of such property by any means shall, within twenty four hours after obtaining such possession, give a report to the nearest police station or to the authorised officer and shall, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be, if so required by him.

(1) Any person who contravenes any prohibition or restriction or regulation imposed by any of the provisions of this Act or the rules made thereunder or contravenes any of the terms or conditions of any licence or permit granted to him under this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both: Provided that in the case of a second or subsequent offence, he shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both. (2) Whoever, in contravention of any of the conditions or provisions in the licence or permit obtained by him under any provision of this Act or the rules made thereunder,— (a) uses fishing vessel, Chinese dip-net and stake net shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both: Provided that in the case of a second or subsequent offence he shall be punished with fine which may extend to fifteen thousand rupees or with imprisonment for a term which may extend to six months or with both; (b) uses a free net shall be punished with fine which may extend to five thousand rupees: Provided that in the case of a second or subsequent offence, he shall be punished with fine up to ten thousand rupees; (c) conducts aquaculture or filtration or hatchery shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both: Provided that in the case of a second or subsequent offence he shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both.

Where any person is found carrying any fish recently caught or killed, together with any fishing devices capable of the fish being caught, captured or killed, it shall be presumed that he had caught or killed such fish with such device and has committed an offence until the contrary is proved.

Whoever attempts to contravene or abets the contravention of any prohibition or restriction or regulation imposed by any of the provisions of this Act or any rules made or any notification issued thereunder, shall be deemed to have contravened those provisions.

(1) The Government may, by notification in the Gazette, empower any officer of the Fisheries Department not below the rank of Assistant Director of Fisheries,— (a) to accept the payment of an amount for compounding an offence from any person who is suspected to have committed an offence under this Act; and (b) to release any property which has been seized and liable to be forfeited, on payment of the cost thereof. (2) The officer compounding an offence may, if he thinks fit, order the cancellation of any licence or permit granted under this Act to the accused after giving him an opportunity of being heard. (3) The amount accepted or agreed to accept for compounding shall not on any ground exceed ten thousand rupees.

No court shall take cognizance of any offence contrary to this Act or the rules made thereunder except on a written complaint made by the authorised officer.