[ 37.- (1)- Any person who contravenes any of the provisions of section 9 or section 10 or the rules or bye-laws made thereunder shall, on conviction, be punished, —
(a) for the first offence, with fine which may extend to [fifty thousand rupees] ;
(b) for a second and any subsequent offence of the same nature with imprisonment which may extend to one year, or with fine which may extend to [one lakh rupees] or with both and in case of continuing contravention, with a further fine up to [rupees ten thousand] for every day subsequent to the date of second conviction or nay subsequent conviction for which the contravention has continued ;
Provided that in the absence of special and adequate reasons to the contrary mentioned in the judgment of the court the fine for the first offence shall not be less than [two thousand and five hundred rupees] and for the second or subsequent offence, shall not be less than [five thousand rupees].
(2)- Any person who contrivances any of the provisions of this Act or the rules or bye-laws made thereunder, except the provisions of sections 9 and 10 and the rules and bye-laws made thereunder shall be punishable with fine which may extend to [twenty thousand rupees] and in the case of continuing contravention with a further fine upto [rupees two thousand] for every day subsequent to the date of the first conviction for which the contravention has continued.
(3)- Whenever any person is convicted of an offence punishable under this Act, the Magistrate shall in addition to any fine which may be imposed recover summarily and pay to the Market Committee, the amount of fee or any other amount due from him under this Act or the rules or bye-laws made thereunder and may, in his discretion also recover summarily and pay to the Market Committee cost of the prosecution. ]