Chapter VIII CONTROL

1. (1) Any officer, servant or member (including the Chairman and Vice-Chairman) of a committee shall furnish such information in his possession in regard to the affairs or proceedings of the committee, standing committee or any sub-committee as the Metropolitan Commissioner, or any officer authorised by him or, as the case may be, any officer authorised by the State Government, may require him so to do.
2. (2) An officer holding an inquiry into the affairs of the committee or examining the proceedings under section 52 shall have powers to summon and enforce the attendance of any officer, servant or member including the Chairman or Vice-Chairman of the committee and to compel him to give evidence and to produce documents by the same means and as far as possible in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908 (V of 1908). The officer shall thereafter submit a report of the enquiry or examination so made by him to the State Government.

Where the Metropolitan Commissioner or any officer authorised by him has reason to believe that the books and records of a committee are likely to be tampered with or destroyed or the funds or property of a committee are likely to be misappropriated or misapplied, the Metropolitan Commissioner or the officer so authorised may seize and take possession of such books and records, funds and property of the committee, and the officers, servants or members (including the Chairman and Vice-Chairman) of the committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the Metropolitan Commissioner or the officer so authorised.

1. (1) The State Government may, either suo motu or on the recommendation of the Authority, by an order published in the Official Gazette, supersede a committee if in the opinion of the State Government,-
   • (i) it is not competent to perform duties imposed upon it by or under this Act or any other law for the time being in force ; or
   • (ii) it persistently makes default in the performance of such duties, or in complying with the lawful direction (including those) arising out of audit of account of the committee or inspection of the office and work thereof) and orders issued by the State Government, the Authority, the Metropolitan Commissioner or any other officer empowered by the State Government or by the Metropolitan Commissioner to issue such directions or orders to the committee; or
   • (iii) it exceeds or abuses its powers; or
   • (iv) the financial position and credit of the committee is seriously threatened ; or
   • (v) it is necessary or expedient for any other reason which may be considered sufficient by the State Government : Provided that, no such order shall be issued by the State Government without giving the committee an opportunity of rendering an explanation.
2. (2) Upon publication of an order under sub-section (1), the following consequences shall ensue, namely :-
   • (i) all members including the Chairman and the Vice-Chairman shall, from the date specified in the order, be deemed to have vacated their office ;
   • (ii) the Chairman and the Vice-Chairman shall forthwith hand over the charge of their respective office and all papers and property of the committee to the Administrator appointed under section 56 and the provisions of section 25 shall, mutatis mutandis, apply in relation to the handing over of charge of office and papers and property of the committee under this section;
   • (iii) all property vested in the committee shall vest in the State Government.

1. (1) When a committee is superseded, the State Government may, by the same order as issued under sub-section (1) of section 55 or by like order, appoint an Administrator in the first instance for a period not exceeding one year as the State Government may fix, but his term of office may be extended by such period or periods not exceeding three years in the aggregate the State Government may think fit.
2. (2) The Administrator shall receive such monthly salary and allowances from the Market Fund and shall be subject to such conditions of service as the State Government may from time to time determine. When a salaried servant of the State Government is appointed as the Administrator such contribution to his pension, leave and other allowances as may be required by the conditions of his service under the State Government to be made by him or on his behalf, shall be paid to the State Government from the Market Fund.

1. (1) When an Administrator is appointed under section 56, during his term of office all the powers vesting in or exercisable by, and the duties and functions imposed on the committee, the standing committee, the Chairman, the Vice-Chairman and the subcommittees, if any, by or under this Act, or any other law for the time being in force, shall vest in and be exercised or, as the case may be, be performed by the Administrator.
2. (2) The Chief Executive Officer shall be subordinate to the Administrator and the Administrator may delegate such powers and entrust such duties to the Chief Executive Officer as he may think necessary.

1. (1) Within one month before the expiry of the term or the extended term of the Administrator, elections shall be held to elect members or steps shall be taken to nominate members so as to re-establish and constitute the committee in accordance with the provisions of sections 9 and 11.
2. (2) Notwithstanding anything contained in section 56, the term of office of the Administrator shall be deemed to extend to, and expire with, the date immediately preceding the date of the first meeting of the committee so re-established and constituted.

1. (1) Save as otherwise provided in section 5, section 6, sub-section (2) of section 15 and subject to the provisions of section 60, an appeal from every original order passed under this Act or the rules, regulations or by-laws made thereunder shall lie,-
   • (i) if the order is made by an officer other than the Chief Executive Officer, to the Chief Executive Officer ;
   • (ii) if the order (other than an order made in appeal) is made by the Chief Executive Officer, to the standing committee ;
   • (iii) if the order (other than an order made in appeal) is made by the standing committee, to the committee ;
   • (iv) if the order is made by a committee, to the Metropolitan Commissioner.
2. (2) In the case of an order passed in appeal by the committee, a second appeal shall lie to the Metropolitan Commissioner.
3. (3) No appeal or second appeal may be entertained unless it is filed within a period of thirty days from the date of receipt by the applicant of the order appealed against : Provided that,-
   • (i) in computing the period of thirty days, the time required to obtain a copy of the decision or order appealed against shall be excluded ;
   • (ii) the appellant authority may, for good and sufficient reasons to be recorded in writing, condone delay (not exceeding thirty days), if any, in filling an appeal.
4. (4) No order shall be passed in any appeal filed under sub-section (1), (2) or (3) unless the appellant is given an opportunity of standing his case; and every order passed in appeal, shall, subject to the provisions of sub-section (2), section 61 and section 62, be final and conclusive.

No appeal and no application for revision shall lie against,-

1. (i) any notice issued under this Act or the rules, regulations or by-laws, including a notice issued upon a licensee to show cause why his licence should not be suspended or revoked ; or
2. (ii) an order pertaining to the seizure or retention of account books, registers and other documents ; or
3. (iii) an order sanctioning a prosecution under this Act.

1. (1) The State Government may, on its own motion, or on receipt of a report under section 53, or on an application made by an affected person, call for the record of any case which has been decided under this Act or the rules, regulations and by-laws made thereunder by a committee or the Metropolitan Commissioner or any officer and in which no appeal has been filed or an appeal, if any, is filed and disposed of ; if it appears to the State Government that such committee or the Metropolitan Commissioner or officer,-
   • (a) has exercised a jurisdiction not vested in it or him by law ; or
   • (b) has failed to exercise a jurisdiction vested in it or him ; or
   • (c) has acted in the exercise of its or his jurisdiction illegally or with material irregularity, the State Government may make such order in the case as it thinks fit.
2. (2) No order shall be passed under this section which adversely affects any person, unless such person has been given a reasonable opportunity of rendering an explanation.
3. (3) No such record shall be called by the State Government after one year from the date of the passing of the order.
4. (4) The order passed by the State Government under this section shall be final and conclusive.

Save as otherwise expressly provided by or under this Act, every order made by any authority under this Act shall be final and conclusive and shall not be called in question in any Court by a suit, application or otherwise.

No Civil Court shall have jurisdiction to entertain, to decide or to deal with any question (in any suit, appeal, application or other proceeding) which is by or under this Act to be decided or dealt with by the State Government, or a committee, or any officer under this Act, and in respect of which the decision or order of the State Government, committee or officer has been made final and conclusive ; and no injunction shall be granted by any Court or other authority in respect of any action taken in pursuance of any power conferred by or under this Act.

1. (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. (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. (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. (1) Where an offence under this Act has been committed by a company, every person who at the time 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 has exercised all due diligence to prevent the commission of such offence.
2. (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 that offence and shall 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, association of persons or body of individuals, whether incorporated or not, and
   • (b) "Director", in relation to firm, means a partner in the firm and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

1. (1) No Court shall take cognizance of any offence punishable under this Act, except with the previous sanction of the Metropolitan Commissioner or the Chief Executive Officer or any person authorised by the Metropolitan Commissioner or the Chief Executive Officer, by general or special order, in this behalf.
2. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (II of 1974), an offence under sub-section (1) of section 64 shall be cognizable and bailable.
3. (3) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under this Act.

1. (1) The Chief Executive Officer may, either before or after the institution of proceedings for any offence (other than an offence under clause (a) of sub-section (1) of section 64) punishable under this Act, with the approval of the Metropolitan Commissioner, accept from any person charged with such offence by way of composition of the offence a sum not less than the amount of the maximum fine and not more than double the amount of the maximum fine for the relevant offence mentioned in section 64, as he may determine.
2. (2) On payment of such sum as may be determined by the Chief Executive Officer under sub-section (1), no further proceedings shall be taken against the accused person in respect of the same offence, and any proceedings, if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.

1. (1) The power to make rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.
2. (2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to carry out the purposes of this Act; and such rules may include rules for levy of fees for any of the purposes of this Act and for refund of any such fees or any part thereof.
3. (3) All rules made under this Act shall be subject to the condition of previous publication.
4. (4) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such notification in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

1. (1) The power to make all by-laws under this Act shall be exercisable by the committee, subject to the previous sanction of the State Government as hereinafter provided.
2. (2) Without prejudice to any power to make by-laws contained elsewhere in the Act, any committee may make by-laws consistent with this Act and the rules made thereunder for the administration of its affairs and for the guidance of its standing committee, sub-committees, officers and servants.
3. (3) (a) The committee, whenever it desires to make by-laws under this Act, shall, by a resolution at a special meeting, approve a draft of such by-laws.
   • (b) As soon as possible after such resolution is passed, the committee shall display the draft of the by-laws on its notice-board and publish a notice in at least two newspapers circulating in the market area and also in such manner as may in its opinion, be best calculated to inform the public and all persons likely to be affected by the by-laws so displayed and inviting their objections and suggestions in respect of the proposed draft within a reasonable period to be specified in such notice.
4. (4) The committee shall consider the objections and suggestions received, if any, and may by a resolution approve the final draft of the by-laws.
5. (5) Within seven days of the passing of such resolution the Chief Executive Officer shall submit the final draft of the by-laws approved under sub-section (4) to the Metropolitan Commissioner who shall send it with his recommendations to the State Government. The State Government may sanction the by-laws sent to it subject to such modifications, if any, as it may think necessary.

1. (1) The State Government may, either suo motu or on the recommendation of the Authority to that effect, by notification in the Official Gazette, add to, amend or cancel any entry in respect of any commodity or class of commodities in the Schedule.
2. (2) Before the publication of a notification under sub-section (1), the State Government, or as the case may be, the Authority shall cause to be published in the Official Gazette and also in at least two newspapers circulating in the Bombay Metropolitan Region, a notice announcing the intention of Government, or as the case may be, of the Authority to make recommendation, to issue such notification, and inviting all persons who entertain any objection to the said proposal to submit the same in writing with the reasons therefor, to Government, or as the case may be, the Authority within one month from the date of the publication of the notice in the Official Gazette, and the Authority shall forward to Government along with its recommendation as aforesaid, the objection, if any, received by it. Where the Authority has published the proposal for inviting objections, it shall not be necessary for the State Government to publish the same proposal again for inviting the objections.
3. (3) No such notification as aforesaid shall be issued by the State Government, unless the objection, if any, so received or forwarded are in its opinion insufficient or invalid.

The Chairman, Vice-Chairman, members, Chief Executive Officer and other officer and servants of committee shall be deemed when acting or purporting to Act in pursuance of the provisions of this Act or the rules, regulations or by-laws made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (V of 1860).

No suit, prosecution or other legal proceeding shall lie against any Chairman, Vice-Chairman, members, officers or servants of a committee, or against the State Government or the Authority, the Metropolitan Commissioner or any officer of the State Government or the Authority, for anything which is in good faith done or intended to be done under this Act, or any rule, regulation or by-law made thereunder.

1. (1) Every sum due from a committee to the State Government shall be recoverable as an arrear of land revenue.
2. (2) Any sum due to a committee on account of any charge, costs, expenses, fees, rent, compensation or on any other account under the provisions of this Act or any rule, regulation or by-law made thereunder shall be recoverable from the person from whom such sum is due, in the same manner as an arrear of land revenue.

The State Government may, by notification in the Official Gazette, and subject to such conditions, if any, as it may think fit to impose, delegate all or any of the powers conferred upon it, by or under this Act, except the power to make rules, to the Metropolitan Commissioner or to any other officer or person ; and delegate any of the powers, duties or functions of the Metropolitan Commissioner by or under this Act to any other officer of the Authority, specified in the notification.

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947),-

1. (a) shall not apply to any premises belonging to, or vesting in, the committee under or for the purpose of this Act ;
2. (b) shall not apply as against the committee to any tenancy, licence or other like relationship created by the committee in respect of any such premises ;
3. (c) but shall apply to any premises let or given on licence, to the committee.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purposes of removing the difficulty : Provided that, no order shall be made under this section after the expiry of two years from the date of publication of this Act in the Official Gazette.