section 10
Penalties under this Act
The Food Control Act, 1986Any person who disobeys any order issued under this Act [x x x] or endeavors to defeat its objects or contravenes any provision of this Act in any other way shall be punishable with simple imprisonment for a period not exceeding one year or with fine not exceeding, Rs; 1000 or fine. The Act shall be triable by a Court not lower in rank than that of a 2 [Judicial Magistrate] of the first class, and shall be cognizable by the Police and not compoundable except with the previous written sanction of the 3 [Deputy Commissioner of the District.]
10-A. Powers of director to impose fine The Director, Kashmir Valley Food Control, shall at his discretion impose a fine not exceeding Rs. 50 on a hanji and not exceeding Rs. 10 on a hamal for any of the following irregularities committed by the hanji or hamal and he is authorized to recover or remit the fine imposed by him in any case: —
Irregularities
- (a) adulteration of grain;
- (b) misbehavior of any kind resulting in a disturbance;
- (c) misappropriation of grain belonging to the Department;
- (d) unauthorized sale of grain belonging to the Department;
- (e) direct dealing with Zamindars and ticket-holders;
- (f) short weighments;
- (g) attempt to cheat Zamindars who deal with the Department;
- (h) non-compliance with any legal order passed by the Director, Kashmir Valley Food Control. 10-B. Powers of Director to demand security The Director Kashmir Valley Food Control, may at his discretion demand cash security from hanjis and hamals, before or after they are employed by the Department, and may for reasons to be recorded in writing confiscate such security money or any portion thereof. 10-C. Orders of Director final The orders of fine and confiscation of security passed by the Director, Kashmir Valley Food Control, shall be final and shall not be open to any appeal or application for revision to any higher authority. 10-D. Penalties Notwithstanding anything said in section 10 above, any markban or pony-man found guilty of any of the following irregularities with respect to shall committed to their charge by Zamindars for delivery to the Kashmir Valley Food Control Department at appointed centers shall be punished on conviction by any 3 [Judicial Magistrate]with a fine not exceeding Rs. 50: — Irregularities
- (a) adulteration of grain;
- (b) misbehavior of any kind resulting in an affray;
- (c) misappropriation of grain belonging to a Zamindars;
- (d) unauthorized disposal of grain belonging to a Zamindars;
- (e) attempt to cheat a Zamindars who entrusts him with shali for delivery at Kashmir Valley Food Control Department;
- (f) attempt to cheat the staff of the Kashmir Valley Food Control Department responsible for accepting the delivery of shali from Zamindars
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