10. Penalty for contravention of section 3.—Where any foreign vessel is used in contravention of
the provisions of section 3, the owner or master of such vessel shall,—
(a) in a case where such contravention takes place in any area within the territorial waters of
India, be punishable with imprisonment for a term not exceeding three years or with fine not
exceeding rupees fifteen lakhs or with both; and
(b) in a case where such contravention takes place in any area within the exclusive economic zone
of India, be punishable with fine not exceeding rupees ten lakhs.
11. Penalty for contravention of licence.—Whoever contravenes the provisions of any licence shall
be punishable with fine not exceeding rupees ten lakhs.
12. Penalty for contravention of permit.—Whoever contravenes the provisions of any permit shall
be punishable,—
(a) where such contravention relates to the area of operation or method of fishing specified in
such permit, with fine not exceeding rupees five lakhs; and
(b) in any other case, with fine not exceeding rupees fifty thousand.
13. Confiscation of vessels, etc.—(1) Where any person is convicted of an offence under section 10
or section 11 or section 12, the foreign vessel used in or in connection with the commission of the said
offence, together with its fishing gear, equipment, stores and cargo and any fish on board such ship or the
proceeds of the sale of any fish ordered to be sold under the second proviso to clause (a) of sub-section
(4) of section 9 shall also be liable to confiscation.
(2) The foreign vessel or other things confiscated under sub-section (1) shall vest in the Central
Government.
14. Penalty for contravention of section 7.—Where any foreign vessel is found in any maritime
zone of India in contravention of the provisions of section 7, the owner or master of such vessel shall be
punishable with fine not exceeding rupees five lakhs.
15. Penalty for obstruction of authorised officers.—If any person—
(a) intentionally obstructs any authorised officer in the exercise of any powers conferred under
this Act; or
(b) fails to afford reasonable facilities to the authorised officer or his assistants to board the vessel
or to provide for adequate security to such officer and assistants at the time of entry into the vessel or
when they are on board such vessel; or
7
(c) fails to stop the vessel or produce the licence, permit, log book or other document or any fish,
net, fishing gear or other equipment on board such vessel, when required to do so by the authorised
officer,
he shall be punishable with imprisonment for a term which may extend to one year or with fine not
exceeding rupees fifty thousand or with both.
16. Court to pass certain orders.—Where any person is convicted of an offence under this Act, the
Court may, in addition to awarding any punishment, order that any costs incurred in connection with the
retention or custody of the vessel during the pendency of any proceedings for the prosecution of an
offence under this Act, as reduced by the amount, if any, realised out of the use of the vessel by the
authority with whom such vessel was retained or kept in custody, shall be payable by the person
convicted.
17. Offences by companies.—(1) Where an offence under this Act has been committed by a
company, every person who, at the time 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 such
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(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,—
(a) “company” means a body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.