Section 15: Penalties

15. Penalties (1) Any person who commits an offence for which no penalty is otherwise expressly provided shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 24 months. (2) The Court before which a person is convicted of an offence shall, in addition to any penalty imposed— (a) order the forfeiture to the Government of— (i) any article or thing used in connection with the commission of the offence; and (ii) any forest produce which is the object of the offence; (b) order the offender to pay 5 times the value of the forest produce in respect of which the offence was committed, or such sum as it thinks fit for the repair of, or as compensation, for damage or loss caused by the commission of the offence; (c) in the case of a conviction under section 14 (1) and (2) (a) and (b), order the offender to remove, within such time as may be specified by the Court— (i) the plant cultivated or structure built on the mountain or river reserve; (ii) the article, thing or rubbish introduced, deposited or thrown on the State land or reserve. (3) Any animal, article or thing or forest produce forfeited under this Act shall be disposed of in such manner as the authorised officer thinks fit. (4) Any person who fails to comply with an order made under subsection (2) (c) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 2 years. (5) The Court before which a person is convicted of an offence under subsection (4) may, in addition to any penalty imposed, authorise the authorised officer to remove the plant, structure, article, thing or rubbish at the expense of the offender. [S. 15 amended by Act 1 of 1986; Act 48 of 1991.] [Issue 1] F22 – 10 Revised Laws of Mauritius