Panchayat:Repo18/vol2-page0043
the officers by whom, the form in which and the terms and conditions subject to which any license shall be granted by a Local authority.
10. Cancellation of license.- Subject to any rule made in this behalf by the Government, any license may be cancelled or suspended by the authority competent to issue the license-
(a) When any of the terms or conditions of the license has been infringed, or
(b) When the holder or any of the holders has been convicted of an offence against the provisions of this Act.
11. Period of and fees for license.- Every license granted under this Act shall, unless otherwise provided for in the rules be transferable and may be granted and renewed for any period not exceeding one year, subject to the payment of such fee and on such conditions as may be fixed by rules made by the Government from time to time:
Provided that the Government or the local authority may, in the interests of scientific research, exempt any person from taking out a licence under this Act:
Provided further that the provisions of this section shall not apply to fishing stakes and China nets.
12. Duty of license holders to produce license.- Every holder of a license granted under this Act shall be bound to produce such license for inspection at any time on being required to do so by any Magistrate, or by any Police Officer, or any other person authorised in this behalf, by name or in virtue of his office, by the Government or local authority.
13. Subsequent convictions for offences under the Act.- Whoever, having been already convicted of an offence under this Act, is again convicted thereunder, shall, on every subsequent conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.
14. Confiscation.- When any person is convicted of an offence punishable under this Act the convicting Magistrate may direct that any fish in respect of which the offence has been Committed or the flesh or any part of such fish, together with the instruments, if any, with which the offence Was Committed, shall be confiscated.
15. Presumption of commission of certain offences.- Where any person is found carrying any fish recently captured or killed, together with any instruments with which such fish could be so captured or killed, the Court shall presume that he has captured or killed, such fish with such instrument.
16. Duty of Court as regards cancellation of license.- When the holder of a license granted under this Act has been convicted of an offence thereunder, the convicting Court shall send a copy of its judgement together with the license (if before the Court) to the nearest authority empowered to cancel the license under this Act, for such action as such authority may deem fit.
17. Power of seizure when offence committed in presence of certain Officers and persons.--Where any person Commits an offence against the provisions of this Act in the presence of a Police Officer, or of any other person authorised in this behalf by name or in virtue of his office by the Government or local authority, such officer or person may seize the fish, if any, captured or killed and also any instrument used in the commission of such offence, and shall send them without unnecessary delay, together with a report of the circumstances, to a Magistrate competent to take cognizance of the alleged offence.
18. Power of Government to make rules.- The Government may by notification in the Gazette, make rules to carry out the purposes of this Act and to provide for appeals to the local authority from orders made under this Act by any person other than a Magistrate, and Such rules, when so published, shall have the force of law.
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This page is Accepted in Panchayath Wiki Project. updated on: 29/ 05/ 2019 by: Gangadharan |