Chapter XII PENALTIES

1[Whoever] evades the payment of any fee, or other amount due from him under this Act or the rules, or the regulations or bye- laws, shall, on conviction, be punished with fine

1[which shall be a sum equal to

2[three times the amount of fee or other amount due or three thousand rupees whichever is more] ] , and in the case of a continuing evasion with a further fine which may extend to

1[two hundred]

¹ Substituted by Act 17 of 1980 w.e.f.9.5.1980

² Substituted by Act 35 of 1986 w.e.f.17.6.1986

rupees for every day during which the evasion is continued after conviction therefor.

Any person prosecuted for an offence under section 114 shall not be absolved from his obligation to pay to the market committee the fee or other amount due from him under this Act or the rules or the regulations or the bye-laws.] 1. Substituted by Act 35 of 1986 w.e.f.17.6.1986

¹ Substituted by Act 35 of 1986 w.e.f.17.6.1986

Whenever any person is convicted of an offence under this Act or the rules or the regulations or bye- laws made thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the market committee, or the Board, as the case may be, the amount of fee or other amount due from him under this Act or the rules or the regulations or bye-laws and may, in his discretion, also recover summarily and pay over to the market committee or to the Board such amount, if any, as he may fix as the costs of the prosecution. 5[ 4[ 3[ 2[

laws made thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the market committee, or the Board, as the case may be, the amount of fee or other amount due from him under this Act or the rules or the regulations or bye-laws and may, in his discretion, also recover summarily and pay over to the market committee or to the Board such amount, if any, as he may fix as the costs of the prosecution.

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Whoever in contravention of the provisions of clause (b) of sub-section (1) of section 8 uses any place in the market area for marketing any agricultural produce or operates as a trader, commission agent, broker, processor, warehouseman or in any other capacity, without a valid licence or whoever in contravention of the provisions of sub-section (2) of section 8 uses any place for purchase or sale of notified agricultural produce shall, on conviction, be punished with imprisonment for a term which may extend to three months and with fine which may extend to rupees ten thousand but shall not be less than rupees five thousand and in case of second time contravention a fine of rupees twenty thousand and in case of third time contravention a fine of rupees thirty thousand.] ] ] ] ]

¹ Inserted by Act 17 of 1980 w.e.f.9.5.1980

² Substituted by Act 17 of 1980 w.e.f.9.5.1980

³ Substituted by Act 29 of 1987 w.e.f.10.8.1987

⁴ Omitted by Act 59 of 2020 w.e.f. 19.05.2020

⁵ Substituted by Act No. 20 of 2024 w.e.f. 7.3.2024

If any person carrying on business in notified agricultural produce, fails without any reasonable cause,- (i) to produce or caused to be produced accounts and documents; or (ii) to furnish or caused to be furnished information,which he is required to produce or as the case may be, to furnish, under section 66, he shall, on conviction, be punishable with fine which may extend to one thousand rupees.] 1. Substituted by Act 29 of 1987 w.e.f.10.8.1987

1. (i) to produce or caused to be produced accounts and documents; or
2. (ii) to furnish or caused to be furnished information,which he is required to produce or as the case may be, to furnish, under section 66, he shall, on conviction, be punishable with fine which may extend to one thousand rupees.]

¹ Substituted by Act 29 of 1987 w.e.f.10.8.1987

(1) If any person carrying on business in agricultural produce in the market yard, private market, spot exchange or farmers-consumer market fails to pay the price to the seller the price without any reasonable cause shall on conviction be punished with imprisonment for a term which may extend to six months and with fine which may extend to twice the value of the price and in the case of continuing contravention with a further fine which may extend to rupees one thousand per day during which the contravention is continued after the first conviction.

1. (2) Any person prosecuted under sub-section (1) shall not be absolved from his obligation of payment of price to the seller or any other amount due from him under this Act, rule, bye- laws or regulations.]

¹ Inserted by Act 23 of 2007 w.e.f. 16.8.2007.

contravenes the provisions of sections

2[72A, 72B]

79 and 80, shall, on conviction, be punished with

3[imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees for the first offence, for second offence rupees twenty thousand and for third offence thirty thousand or with both] : Provided that,-

1. (i) in the case of a first offence, the court may for reasons to be recorded impose a sentence of fine only;
2. (ii) in the case of a second or subsequent offence, the court shall impose a sentence of imprisonment which shall not be less than one month.]

¹ Substituted by Act 29 of 1987 w.e.f.10.8.1987

² Substituted by Act 23 of 2007 w.e.f.16.8.2007

³ Substituted by Act 61 of 2025 w.e.f. ...................

(1) If any person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply his duty as specified under clause (a) and (b) of sub-section (2) of section 78 without any reasonable cause he shall on conviction

2[be punished with penalty not exceeding rupees ten thousand for the first offence, for second offence rupees twenty thousand and for third offence rupees thirty thousand]

1. (2) If any person carrying on business in notified agricultural produce as a commission agent in the market yard or private market fails to comply the responsibility of

payment of price to the seller under clause (c) of sub-section (2) of section 78 without any reasonable cause shall on conviction be

2[punished with imprisonment for a term which may extend to three months or with both which may extend to twice the value of the price and in the case of continuing contravention with a further fine which may extend to rupees ten thousand for the first offence, for second offence rupees twenty thousand and for third offence rupees thirty thousand] during which the contravention is continued after the first conviction.]

¹ Inserted by Act 23 of 2007 w.e.f. 16.8.2007

² Substituted by Act 61 of 2025 w.e.f. ...................

Whoever obstructs any officer in carrying out the inspection of accounts or holding an inquiry into the affairs of a market committee or fails to obey any order made under clause (a), (c), (d) or (e) of section

123 shall, on conviction, be punished with fine which may extend to two hundred rupees for every day during which the offence continues.

If any officer, servant or member of a market committee, when required to furnish information in regard to the affairs or proceedings of a market committee under section 123 or 124,- (a) 1[x x x] neglects or refuses to furnish any information; or (b) 1. Omitted by Act 35 of 1986 w.e.f.17.6.1986 1[x x x] furnishes false information, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

1[x x x] neglects or refuses to furnish any information; or (b)

¹ Omitted by Act 35 of 1986 w.e.f.17.6.1986

1[x x x] furnishes false information, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

Whoever in contravention of the provision of section 125 obstructs any person in seizing or taking possession of any books, records, funds and property of the market committee or fails to give delivery thereof to such person, shall on conviction,

¹ Substituted by Act 17 of 1980 w.e.f. 3.11.1979

² Substituted by Act 61 of 2025 w.e.f. ...................

2[be punished with imprisonment which may extend to six months and with fine which may extend to rupees thirty thousand] .

Whoever contravenes any provisions of this Act or any rule, or regulation thereunder shall, if no other penalty is provided for the offence, be punished with fine which may extend to two hundred rupees.