Chapter VII Chapter VII

(1) Whoever without holding a licence uses any place in a market area for the purchase or sale of any agricultural produce or operates in a market area or any part thereof and thereby contravenes the provisions of section 6 or 8 shall, on conviction, be punished— (i) for a first offence, with fine which may extend to five hundred rupees. (ii) for a second offence of the same nature, with fine which may extend to one thousand rupees, and (iii) for any subsequent offence of the same nature, with imprisonment which may extend to one month and fine which may extend to one thousand rupees: Provided that in 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 one hundred rupees and for the second or any subsequent offence shall not be less than five hundred rupees. (2) If the holder of a licence contravenes any condition of the licence, he shall, on conviction, be punished with fine which may extend to five hundred rupees : Provided that in the absence of special and adequate reasons to the contrary mentioned in the judgment of the Court the fine shall not be less than one hundred rupees.

Whoever, in contravention of the provision of section 35 makes or recovers any trade allowance other than an allowance prescribed by rules or bye-laws shall, on conviction, be punished with fine which may extend to five hundred rupees.

The State Government shall in each year after due appropriation made by a law made by the State Legislature pay to each market committee an amount equal to the amount of fines levied and collected in the previous year in respect of offences committed under sections 36 and 37 in its market area.

Any member, officer or servant of a market committee, who— (a) wilfully neglects or refuses to furnish any information or to do any act, which he is bound to furnish or to do under this Act, or (b) wilfully furnishes false information, shall on conviction, be punished with fine which may extend to fifty rupees.

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) "company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

(1) No offence under this Act, or any rule or bye-law there under shall be tried by a Court inferior to that of a Magistrate of the First Class. (2) Prosecutions under this Act may be instituted by any person duly authorised generally or specially in writing by the market committee in this behalf.

No court shall take cognizance of any offence alleged to have been committed by a member, secretary, officer or servant of a market committee while acting or purporting to act in the discharge of his duties in relation to the affairs of the committee except with the previous sanction of the Director.

(1) Any police officer may arrest any person committing in his view any offence against any provision of this Act or any rule or bye-law made thereunder, if the name and address of such person be unknown to him and he declines to give his name and address on demand, or gives a name and address the accuracy of which such officer has reason to doubt; and such person may be detained at the police station until his correct name and address has been ascertained. (2) It shall be the duty of every police officer to communicate as soon as may be to the market committee any information which he receives regarding any attempt to commit or the commission of any offence against this Act or any rule or bye-law made thereunder, and to assist the Secretary or any officer or servant of the market committee reasonably demanding his aid in the exercise of his lawful authority.