Section 34 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

 

Section 34 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

34. [ Penalty.-(1 ) Whoever contravenes [the provisions of sub-section (2) of section 4 or] [Substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1977. section 13.] the provisions of section 13 shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, and in the case of a continuing contravention, with a further fine which may extend to fifty rupees per day during which the contravention continues after the first conviction.

(2)Whoever in contravention of the provisions of section 33 [recovers any trade allowance, fee or charge] [Substituted for "makes or recovers any trade allowance," by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 25(e)] shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both [and in case of a continuing offence with a further fine which may extend to fifty rupees for every day during which such offence continues after the first conviction] [Inserted by ibid, section 25(b).].

(3)Whoever contravenes any condition of a licence granted by [a market committee, or the Board, as the case may be] [Substituted 'a market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] shall, on conviction, be punishable with fine, which may extend to five hundred rupees.

(4)Whoever obstructs any authorised person while discharging his duty under section 16 shall, on conviction, be punishable with fine which may extend to five hundred rupees.

(5)Whoever fails to pay any fee or other sum due to [the market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] under the provisions of this Act or the rules or bye-laws made thereunder or evades the payment due towards remuneration to any weighman or palladar, or demands remuneration without authority of the seller or buyer for his employment or demands remuneration otherwise than in accordance with the provisions of the rules and bye-laws made under this Act shall, on conviction, be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with a further fine which may extend to fifty rupees for every day during which such offence continues after the first conviction.

(6)Whoever contravenes any provisions of this Act or any rule or bye-laws made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which shall not be less than twenty rupees but may extend to two hundred rupees.

(7)All offences punishable under this Act or the rules made thereunder shall be cognizable and bailable.

(8)[The market committee, or the Board, as the case may be] [Substituted 'The market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] may accept from any person who has committed or is reasonably suspected of having committed an offence against this Act or the rules or bye-laws made thereunder by way of composition of such offence -

(a)where the offence consists of the failure to pay or evasion of any fee or other amount recoverable under this Act or the rules or bye-laws made thereunder, in addition to the fee or other amount so recoverable a sum not exceeding five hundred rupees or double the amount of fee or other amount whichever is greater, and

(b)in other cases, a sum of money not exceeding five hundred rupees.

(9)Whenever any person is convicted of any offence under this Act or rules or bye-laws made thereunder, the Magistrate shall, in addition to any fine which may be imposed, direct the person to pay to [the market committee, or the Board, as the case may be] [Substituted 'the market committee' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] the amount of fees or any other money that may be due from him under this Act and the rules or bye-laws made thereunder, and also such costs of prosecutions as may be fixed by the Magistrate, within such time as may be fixed by him and on failure to pay such dues within such time, the Magistrate shall impose such further fine or imprisonment or both as he may think fit.

(10)Any police officer may arrest any person committing any offence against any provision of this Act or any rule or bye-law made thereunder and produce him before the nearest Magistrate for necessary orders and communicate that information to the market committee forthwith.]