Offences and penalties.

§64

Summary

(1) Whoever,- (a) contravenes any provisions of clause (1) of section 7, or (b) except for reasons beyond his control contravenes the provisions of sub-section (1) of section 25, or (c) voluntarily obstructs the Metropolitan Commissioner or any officer authorised by him in carrying out an inspection under clause (a) or holding an enquiry under clause (b) of section 52, or (d) knowingly fails to comply with any requisition made or wilfully furnishes false return, statement, account, return or proceedings, under clause (c) or (d) of section 52, or (e) wilfully neglects or refuses to furnish any information or wilfully furnishes false information under section 53, or (f) voluntarily obstructs the Metropolitan Commissioner or any officer authorised by him, seizing or taking possession of any books, records, funds and property of the committee or intentionally fails to give delivery thereof to such person under section 54, or (g) aids or abets any person in the commission of any act specified in clauses (a) to (f)- shall, on conviction, be punished- (i) when the offence is under clause (a) or (b), with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both ; (ii) when the offence is under clause (c), (d), (e) or (f), with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both ; (iii) when the offence is under clause (g), with the same punishment as is provided for the offence aided or abetted ; (iv) when the offence is under clause (a) is continuing one, after first conviction, with a further daily fine not exceeding one hundred rupees during the period of continuance of the offence. (2) If it appears to the Magistrate taking cognizance of an offence under clause (a) of sub-section (1), on taking such evidence as he may deem necessary, that the accused person is carrying on any specified trade in a market area in contravention of any provisions of sub-section (1) of section 7, he may order,- (i) that the stock of the commodity in respect of which such specified trade is carried on, be seized and kept in the custody of the committee ; or (ii) where it is not practicable to seize the stock and keep it in such custody that the accused person shall not remove, part with or otherwise deal with the stock, except with his previous permission, until the complaint is finally disposed off ; and (iii) that the accused person shall not carry on the specified trade in the market area in contravention of the provisions of sub-section (1) of section 7, until the complaint is finally disposed of ; (3) Where any such accused person has been convicted for contravention of the provisions of sub-section (1) of section 7, the stock of commodity in respect of which any order is made under sub-section (2) may be forfeited to the State Government ; and in case where such person is acquitted or discharged the stock, if it is seized and kept in the custody of the committee, shall be returned to him.

(1) Whoever,- (a) contravenes any provisions of clause (1) of section 7, or (b) except for reasons beyond his control contravenes the provisions of sub-section (1) of section 25, or (c) voluntarily obstructs the Metropolitan Commissioner or any officer authorised by him in carrying out an inspection under clause (a) or holding an enquiry under clause (b) of section 52, or (d) knowingly fails to comply with any requisition made or wilfully furnishes false return, statement, account, return or proceedings, under clause (c) or (d) of section 52, or (e) wilfully neglects or refuses to furnish any information or wilfully furnishes false information under section 53, or (f) voluntarily obstructs the Metropolitan Commissioner or any officer authorised by him, seizing or taking possession of any books, records, funds and property of the committee or intentionally fails to give delivery thereof to such person under section 54, or (g) aids or abets any person in the commission of any act specified in clauses (a) to (f)- shall, on conviction, be punished- (i) when the offence is under clause (a) or (b), with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both ; (ii) when the offence is under clause (c), (d), (e) or (f), with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both ; (iii) when the offence is under clause (g), with the same punishment as is provided for the offence aided or abetted ; (iv) when the offence is under clause (a) is continuing one, after first conviction, with a further daily fine not exceeding one hundred rupees during the period of continuance of the offence. (2) If it appears to the Magistrate taking cognizance of an offence under clause (a) of sub-section (1), on taking such evidence as he may deem necessary, that the accused person is carrying on any specified trade in a market area in contravention of any provisions of sub-section (1) of section 7, he may order,- (i) that the stock of the commodity in respect of which such specified trade is carried on, be seized and kept in the custody of the committee ; or (ii) where it is not practicable to seize the stock and keep it in such custody that the accused person shall not remove, part with or otherwise deal with the stock, except with his previous permission, until the complaint is finally disposed off ; and (iii) that the accused person shall not carry on the specified trade in the market area in contravention of the provisions of sub-section (1) of section 7, until the complaint is finally disposed of ; (3) Where any such accused person has been convicted for contravention of the provisions of sub-section (1) of section 7, the stock of commodity in respect of which any order is made under sub-section (2) may be forfeited to the State Government ; and in case where such person is acquitted or discharged the stock, if it is seized and kept in the custody of the committee, shall be returned to him.

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