Whoever produces any article or class of articles in contravention of an order made under section 3,--
         (a) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees per loom by which the said article or class of articles is produced, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees per loom for every day during which such contravention continues after conviction for the first such contravention; and
         (b) the article or class of articles in respect of which the order has been contravened or any power loom by the use of which such order is contravened, including any package, covering or receptacle in which the article or class of articles is found, shall be forfeited to the Central Government:
         Provided that if the court is of opinion that it is not necessary to direct forfeiture in respect of any of the articles, power loom or any package, covering or receptacle, it may, for reasons to be recorded, refrain from doing so.