The
{ with annotation }
An act to provide for the
regulation of marketing of agricultural produce in
WHEREAS it is expedient to provide for the regulation of marketing of
agricultural
produce
in
AND
WHEREAS previous sanction of the President under the proviso to clause (b) of
article 304 of
the
Constitution of India has been obtained.
It is hereby enacted in the Twenty-third year of the
of
1. Short title, extent and commencement.
(1)
This Act may be called the West Bengal Agricultural
Produce
Marketing (Regulation) Act, 1972.
(2) It
extends to the whole of
(3) It
shall come into force on such date as the State
Government
may, by notification in the official Gazette, appoint and different dates may
be appointed for different areas.
2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a)
“agricultural produce” means any produce of agriculture, horticulture,
pisciculture, sericulture, forestry or animal husbandry and includes any
related product specified in the Schedule to this Act:
Provided
that the State Government may, by notification, include any item of
agricultural produce in the schedule or exclude any such item from it;
NOTES
:
“agricultural
produce” means any produce of agriculture, horticulture, pisciculture,
sericulture, forestry or animal husbandry and includes any related product
specified in the Schedule to this Act. Therefore, as per definition, unless the
agricultural produce or any related product is specified in the schedule to the
Act, the same can not be an agricultural produce within the meaning of this
Act.
“ A
perusal of Section 2 (1) (a) unambiguously shows that the agricultural produce
which is to be covered by the sweep of the Act necessarily has to be specified
in the Schedule. If any agricultural produce is not specified in the Schedule,
it goes beyond the purview of the Act and the respondent has no power to levy
fee on such produce” ( para 4 at page 267 ) [ (2000) 6 SCC 264 ] Edward
Keventer Pvt, Limited. – Versus –
“
The schedule is not meant to be filled by inferences. What is meant to contain
therein shall be explicit and catagoric”
[ ( 1996 ) 5 SCC 479 ] State of Rajasthan & Others – Versus –
Rajasthan Agriculture Input Dealers’ Association & Others.
In the case of Krishi Utpadan
Mandi Samifri and anothers – Versus – M/s. Shankar Industries Limited and
others [ 1993Supp. (3) SCC 361 (11) ] the proposition that the meaning of
“agricultur Produce” in the definition is not restricted to any products of
agriculture specified in the Schedule, but also include such items which come
into being in the processed form, as enumerated in para 12 of the decision,
which reads as under :
“ We have considered the
arguments advanced on behalf of the parties and have perused the record. A
perwal of the definition of agriculture produce under Section 2 (a) of the Act
show’s that apart from items of produce of agriculture, horticulture,
viticulture, piculture, sericulture, pisiculture, animal husbandry or forest as
are specified in the schedule, the definition further “includes admixture of “
two or more such items’ and thereafter it further “includes taking any such
item in processed form’ and again for the third time the words used are “ and
further includes gur, rab, shakkar, khandsari and jaggery’ It is a well staled
rule of interpretation that where the legislature uses the words ‘ means’ and
includes such definition is to be given a wider meaning and is not exhaustive
or restricted to the items contained or included in such definition. Thus the
meaning of “agricultural produce” in the above definition is not restricted to
any products of agriculture as specified in the schedule hut
Also includes such items
which come into being in processed form and further includes such items which
are called as gur, rab, shakhar, khandsari, and jaggery”.
(b)
“agriculturist” means a person who ordinarily by himself or by his tenant or
hired labourer or otherwise, is engaged in the production and growth of
agricultural produce, but dose not include a trader or broker in agricultural
produce notwithstanding that such trader or broker is also engaged in the
production or growth of agricultural produce;
(bb) “Board” means the West Bengal State
Marketing Board established under sub-section (1) of section 36;
(c)
“broker” means an agent whose ordinary course of business is to negotiate and
make contracts on payment of commission for the purchase or sale of
agricultural produce on behalf of his principal, but dose not include a servant
of such principal engaged in negotiating or making such contracts;
(d)
“commission agent” means a person who buys and sales agricultural produce for
any person, keeps it in his custody and controls it during the process of its
sale or purchase, and collect payment therefore from the buyer and pays it to
the seller, and receives by way of remuneration a commission or percentage upon
the amount involved in each transaction;
(e)
“Director” means the Director of Marketing, West Bengal and includes the
Additional Director of Agriculture (Marketing), West Bengal and the Joint
Director of Agriculture (Marketing), West Bengal;
(ee)
“licensed trader” means in a trader licensed under section 13.
(f)
“local authority” means a municipal area, the municipal authority and in a
notified area, the notified area authority, by whatever name called, and
includes a Town Committee, a Gram Panchayat, a Panchayat Samiti or a Zilla
Parisad or any such authority, by whatever name called;
(g)
“market” means a market established or declared as such under this act for a
market area and includes a principal market yard and sub-market yard, if any;
(h)
“market area” means any area declared to be a market area under section 3;
(i)
“market committee” means a committee constitute under section 5;
(la)“market
functionary” includes a trader, commission agent, broker, weigh man, measurer,
warehouseman or surveyor carrying on business in a market area on valid licence
issued under section 13;
(jj)
“market year” means the year commencing on the first day of April;
(k)
“measurer” means a person whose business is to measure a consignment of
agricultural produce for sale;
(kk)
“notification” means a notification published in the Official Gazette;
(kkk)
“person” means an individual and includes a firm, a joint family, a local
authority, an association or a body of individuals incorporated or not;
(l)
“prescribed” means prescribed by rules made under this Act;
(m)
“principal market yard” means any enclosure, building or locality within the
market area declared to be a principal market yard under sec 4;
(n)
“retail sale” means a sale of any agricultural produce not exceeding such
quantity as may, by rules made under this Act, be fixed in respect of such
agricultural produce;
(o)
“Schedule” means the Schedule to this Act;
(p)
“Secretary” means a person appointed as such under section 14 and includes an
officiating or acting secretary;
(q)
“standard weight” and “standard measure” have the same meaning respectively
assigned to them in the West Bengal Standards of Weights and Measures
(Enforcement) Act, 1958;
(r)
“sub-market yard” means any enclosure, building or locality within the market
area declared to be a sub-market yard under sec 4;
(s)
“surveyor” means a person whose business is to survey a consignment of
agricultural produce for sale in regard to quality, refraction, adulteration
and any other purposes;
(t)
“trader” means a person ordinarily engaged in the business of purchasing and
selling agricultural produce as a principal or as a duly authorised agent of
one or more principals and includes a person ordinarily engaged in the business
or processing or preservation of agricultural produce;
NOTES
:
The
term “processing” as normally understood retain its character. The Court held
that “processing” essentially effectuates a change in form, contour, physical
appearance or chemical combination or otherwise by artificial or natural means.
The Court held that a “manufacture” implies a change but that every change was
not “manufacture”
The
Court held that for “manufacture” something more was necessary and that there
must be a transformation and a new and distinct article must emerge having a
distinct name, character or use.
This
proposition of difference between “processing” and “manufacture” held by the
Supreme Court of India in M/s. Saraswati Sugar Mills – versus – Haryana State
Board and others, reported in AIR ( 1992 ) SC 224.
THE
PROCESSING CAN NOT BE EQUATED TO MANUFACTURE. [ Union of India and others, etc.
– versus – I. Delhi Cloth and General Mills Co. Limited, etc. reported in AIR (
1963 ) SC 791 ].
It
was held that the word “manufacture” is generally understood to mean as
“bringing into existence a new substance” and does not mean merely “ to produce
some change in a substance”
“ It
is well settled that the cardinal rule of interpretation is that the word
should be read in their ordinary natural and grammatical meaning. But words in
a constitutional document conferring legislative powers should be construed
most liberally and in their widest amplitude.” [ 1985 Supp (1) SCR 145 ]
(u)
“trade allowance” means any thing realized in cash or kind, by the purchaser
from the seller in any transaction relating to agricultural produce either by
deduction from the price agreed upon or otherwise;
Explanation.-In
this clause “purchaser” includes a commission agent;
(v)
“Warehouseman” means a person whose business is to store agricultural produce
in any building, structure or enclosure on behalf of persons depositing such
produce; and
(w)
“Weighman” means a person who, in the ordinary course of business, is engaged
in the weighing of agricultural produce in connection with a transaction of
sale or purchase thereof.
(2) If
any question arises as to whether a person is or is not an agriculturist or a
trader within the meaning of the Act, the decision of the Director on such
question shall be final:
Provided that the Director Shall Give the person a reasonable
opportunity of being heard before giving his decision.
3. Declaration of market area.
(1)
Notwithstanding anything to the contrary contained in any other law for the
time being in force, the State Government may, by notification, declare any
area as a market area within which purchase and sale of such agricultural
produce as may be specified in the notification, shall be regulated.
(2) On
the publication of such notification under sub-section (1), or with effect from
such later date as may be specified therein, no local authority or other person
shall, notwithstanding anything to the contrary contained in any law for the
time being in force, within the market area, or within such distance thereof as
may be declared by notification in this behalf, set up, establish or continue
or allow to be set up, established or continued any place for the purchase or
sale of such agricultural produce as has been specified in the notification
under sub-section (1), except in accordance with the provisions of this Act and
the rules made thereunder.
(3)
The State Government may, by notification, include or exclude any area or form
a market area, as the case may be, or include or exclude any agricultural
produce in or from the list of agricultural produce.
(4)
The State Government may, by notification, declare that a market area declared
as such under Sub-section (1) shall cease to be a market area with effect from
such date as may be specified in the notification. When a market area thus
ceases to be a market area any market established, declared or notified in such
market area shall cease to be a market and the Market Committee constituted for
the said market area shall stand dissolved with the following consequences:
(a)
the members of the market committee shall be deemed to have vacated their
officers, and
(b)
the unexpended balance of the Market Committee Fund and other properties and
liabilities shall vest in the State Government free from all encumbrances and
in such manner as may be prescribed:
Provided
that the liability of State Government shall be limited to the extent of the
unexpended balance of the Market Committee Fund and the value of the property
vesting in the State Government as may be determined in the manner prescribed.
4. Declaration of principal market yard
and sub-market yard
(1)
The State Government may, by notification, declare any enclosure, building or
locality in any market area, to be the principal market yard and other
enclosures, building or localities in such to be one or more sub-market yard or
yards for a market area.
(2)
The State Government may, by notification, declare that no local authority or
any other person, notwithstanding anything contained in any law for the time
being in force, shall setup, establish or continue or allow to be continued any
place for the purchase, sale, storage or processing of any agricultural produce
within such distance of the principal market yard or a sub-market yard as may
be specified in the notification.
(3)
Nothing contained in sub-section (2) shall apply to:-
(a)
the sale of agricultural produce by the producer himself or by any person
employed by him when such sale is made to an individual who purchase it for his
own consumption.
(b)
the purchase by an individual of agricultural produce for his own consumption,
and
(c)
the sale or purchases of agricultural produce through retail sale.
NOTES
:
“producer”
means the grower, breeder or rearer of
agricultural
produce or any person who has
the right to
dispose of such produce, such right having
been acquired
otherwise than by purchase of the
produce;
5. Market committee
(1)
There shall be a Market Committee for every market area.
(2)
Every market committee shall be a body corporate by such name as the State
Government may specify shall have subject to the provision of sub-section (4)
of section 3 perpetual succession and a common seal, may sue and be sued in its
own name, shall acquire, hold and dispose of property both movable and
immovable, enter into contracts and do all such things as may, from time to
time, be necessary for carrying out the functions of this Act:
Provided
that save as the State Government may, be general or special order, direct, no
market committee shall permanently transfer any immovable property except in
pursuance of a resolution passed at a meeting of the market committee by not
less than three-fourths of its members and with previous sanction of the State
Government.
(3)
The State Government shall, by notification, constitute a market committee
consisting of the following members: (3) The State Government shall, by
notification, constitute a market committee consisting of the following
members: (3) The State Government shall, by notification, constitute a market
committee consisting of the following members:
(a)
two officers of the State Government of whom at least one shall be an officer
of the directorate of Agricultural Marketing, West Bengal, having jurisdiction
over the area for which the market committee is constituted or any part of such
area;
(b)
one person to represent the members of any co-operative marketing society
carrying on business in the market area, or if there is no such co-operative
marketing society any other co-operative society carrying on business in such
area;
(c)
one person representing the bank financing the market committee:-
Provided
that in case where financing by bank is not done, the State Government may
nominate a representative of any other bank functioning in or near the market
area;
(d)
one person representing the local authority having jurisdiction over the market
area or any part thereof;
(dd)
two persons representing the small growers;
Explanation:-
In this clause “small grower” means a grower owning, or having in his
possession, less then two hectares of agricultural land;
(ddd)
the member of the West Bengal Legislative Assembly elected thereto from the
constituency comprising the principal market yard or the major part of it:
Provided
that where a market committee was constituted prior to the commencement of the
West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981,
with more than one member of the West Bengal Legislative Assembly as members of
the market committee, the State Government may declare the names of the
Chairman, the Vice-Chairman and other members of the market committee by fresh
notification under section 6 with only one member of the West Bengal
Legislative
Assembly as a member of the market committee under this clause and upon such
declaration the other members of the West Bengal Legislative Assembly who were
members of the market committee prior to such declaration shall be deemed to
have vacated there offices as members of the market committee;
(e)
five persons representing the agriculturists of the market area; and
(f)
two persons representing the licensed traders doing business in agricultural
produce in the market area:
Provided
that a market committee constitute under this sub-section may consist of the
members mentioned in clauses (a), (b), (d) and (e). The other members of the
market committee may, subject to provision of sub-section(5), be appointed
subsequently.
(3A)
Notwithstanding anything contained in any judgment, decree or order of any
court, a market committee constituted with the members mentioned in clauses
(a),(b),(d) and (e) of sub-section (3) shall be deemed to have been duly
constituted under that sub-section, and any action taken, any order made, any
notice issued, any fee imposed or realised, any direction given, any decision
taken, any punishment a warded or any authority or power or jurisdiction
exercised by such market committee under this Act shall be deemed to have been
validly taken, made, issued, imposed or realised, given, taken awarded or exercised
under this Act, and shall not be called in question in any court.
(4)
The State Government may, at any time, by order issued in this behalf increase
the representation of members mentioned in clauses (e) and (f) of sub-section
(3) to seven and three respectively.
(5)
The members of every market committee constituted under sub-section (3) shall
be appointed by the State Government.
(6)
The State Government shall appoint one from among the members of the market
committee to the chairman who shall be the executive head of the market
committee and another to be the Vice-Chairman of the market committee.
(7)
The term of office of the members of the market committee save as otherwise
provided in this Act, shall be three years from the date of notification under
sub-section (3) and shall include any further period which may elapse between
the expiration of the said period of three years and the date of the first
meeting of the succeeding market committee at which a quorum is present:
Provided
that a member of a market committee may, on expiry of his term of office, be
re-appointed:
Provided
further that the term of office of a member of a market committee appointed at
any time subsequent to constitution of such market committee under the proviso
to sub-section (3) shall expire simultaneously with the expiry of the term of
office of the other members constituting such market committee.
NOTES
:
The
establishment of regulated markets had long been recognized as an imperative
requirement of any ordered plan of agricultural development in this Country. [
vide report of the Royal Commission on Agriculture in
6. Date of constitution of market
committee.
The
names of Chairman and Vice-Chairman appointed under subsection (6) of section 5
with the other members of a market committee shall be declared by the State
Government by notification, but such market.
Committee
shall be deemed to be duly constituted from the date of notification under
sub-section (3) of section 5:
Provided
that the notifications constituting market committee prior to the commencement
of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act,
1981, shall be deemed to have been issued under sub-section (3) of section (5).
7. Disqualification of members
(1) No
person who…
(a) is
an employee of the market committee, or
(b)
has been declared by a competent court to be of unsound mind, or
(c) is
an undischarged insolvent, or
(d)
has been convicted by a court of law for an offence involving moral turpitude,
shall
be eligible to be appointed as a member of any market committee.
(2) No
members of a market committee shall, if the ceases to represent the category of
person referred to in sub-section (3) of section 5 from which he was appointed,
continue in office as such member.
8. Terms and condition for holding office
The
members of every market committee shall hold office on such terms and
conditions as may be prescribed. The members of every market committee shall
hold office on such terms and conditions as may be prescribed. The members of
every market committee shall hold office on such terms and conditions as may be
prescribed.
9. Casual vacancy
.(1)
If, at any time, a vacancy occurs in the office a member of a market committee
by reason of the non-acceptance of office, or by the removal, death or
resignation, the vacancy shall be filled by a fresh appointment of a person
belonging to the class which such members represented.
(2)
Every person appointed under sub-section (1) shall hold office for the
unexpired period of the term of office of members whose place he fills.
10. Removal of members
10.
The State Government, by notification, remove any members of a market committee
from his office if such members has, in the opinion of the State Government,
been guilty of misconduct or neglect of duty or has become disqualified within
the meaning of section 7:
Provided
that the State Government shall, before passing any order under this section
give the person concerned an opportunity of being heard.
10A.
Members removal shall not be eligible for re-appointment
No
member of the market committee who has been removed from his office on any of
the grounds mention in section 10 shall be eligible for reappointment to any
market committee.
11. Validity of action of a market committee
No
action of a market committee shall be called in question merely by reason of
the existence of any vacancy in, or any defect on the constitution of, the
market committee at the time of taking such action.
12. Duties and functions of the Market Committee.
(1)
Subject to the other provision of this Act, the following shall be the duties
and function of a market committee:-
(i) to
establish if so required by the State Government market for
the
market area providing for facilities in connection with the
marketing
of agricultural produce;
(ii)
to grant or renew licences, in the manner prescribed, to traders, commission
agents,
brokers, weighmen, measurers,, warehousemen, surveyors and other persons or
firms referred to in section 13;
(iii)
to administer market committee fund referred to in section 19 and maintain the
accounts thereof in the prescribed manner;
(iv)
to maintain and manage the principal market yard including the sub market yard
or yards and to control, regulate and run the market and to regulate the
marketing of agricultural produce in the market area in accordance with the
provisions of this Act and the rules made thereunder;
(v) to
keep a set of standard weights and standard measures in each principal market
yard and sub market yard against which weighmen and measurement may be checked;
(vi)
to collect and furnished such statistics and information relating to every such
market yard and the making of agricultural produce as may be required by the
director or any other person authorized by him in this behalf;
(vii)
to publish and disseminate for the benefit of the general public such market
information and other instructions as may be issued by the Director in this
behalf;
(viii)
to settle disputes between buyers and sellers of agricultural produce or their
agents in such manner as may be prescribed;
(ix)
to promote grading and standardisation of agricultural produce in such manner
as may be prescribed;
(x) to
control and regulate admission of persons to the principal market yard or sub
market yard or yards and to determine the conditions for the use of the market
and to prosecute persons operating without a valid licence in the market area;
(xi)
to bring, prosecute or defend any suit, action, proceeding, application or
arbitration in regard to any matter;
(xii)
to perform such other duties and discharge, such other functions as are imposed
or conferred upon it by or under this Act or the rules made thereunder.
(xiii)
to frame bye-laws for the purpose of carrying out the provisions of this Act
and the rules made thereunder;
(xiv)
to inspect and verify scales, weights and measures in use in a market area and
also the books of accounts and other documents maintained by the market
functionaries in such manner as may be prescribed.
(2) A
market committee may delegate to a sub-committee or sub committee constituted
by it form amongst its members in such manner as may be prescribed all or any
of its functions under this Act in respect of any market over which it has
jurisdiction:
Provided
that the market committee may accept, reject or revise the decision of such
sub-committee or sub-committees.
12A. Power of Market Committee.
Subject
to the other provision of this Act, a market committee may, on inspection and
verification, confiscate, in such manner as may be prescribed, scales, weights
and measures in use in a market area if any of these dose not conform to a
standard scale, weight or measure, as the case may be.
13. Licence.
(1)
After six months from the declaration of any area, as a market area, no person
shall within the market area, carry on business or act as a trader, commission
agent, broker, weighman, measurer, warehouseman or surveyor, or sale or
purchase agricultural produce, or engage in processing or preservation of
agricultural produce, or setup, establish or continue a place for storage, sale
or purchase of any agricultural produce, except under and in accoudance with
the prescribed terms and conditions of a licence issued in this behalf by the
market committee notwithstanding anything contained in any other law for the
time being in fore and irrespective of any licence required and issued under
any law for the time being in force:
Provide
that nothing in this sub-section shall apply to any sale by a producer of his
own produce, to retail sale and to purchase by an individual for his own
consumption.
NOTES
:
“producer”
means the grower, breeder or rearer of
agricultural
produce or any person who has
the right to
dispose of such produce, such right having
been acquired
otherwise than by purchase of the produce
(2)
Any person desiring to obtain a licence under sub-section (1) may make an
application to the market committee in such form and on payment of such fee not
exceeding rupees two hundred as may be prescribed.
(3) On
receipt of an application under sub-section (2), the market committee may issue
the licence in such form, subject to such terms and conditions and for such
period as may be prescribed.
(4)
Any licence issued under sub-section (3) may be renewed for such period as may
be prescribed, by the market committee from time to time on application made in
this behalf by licensee and on payment of such fee not exceeding Rupees two
hundred as the market committee may fix.
(5)
The market committee may refuse to issue or renew any licence under this
section in favour of any person if it is satisfied that such person has
previously being convicted by a court of law for an offence punishable under
this Act.
(6)
The market committee may, after giving the holder of a licence under this
section an opportunity of showing cause in such manner as may be prescribed,
cancel his licence or suspend it for such period as it thinks fit for any
breach of the terms and conditions of the licence or for any contravention of
the provision of the Act.
(6A)
When a licence is cancelled or suspended under sub-section (6), the licence may
appeal, in such manner as may be prescribed, to an officer of the State
Government not below the rank of a Superintendent of Agricultural Marketing
having jurisdiction over the area, as may be specified by the State Government
by an order issue in this behalf, and the decision of such officer shall be
final.
(7)
Where a licence is cancelled or suspended under sub-section (6), the licence
shall not be entitled to any compensation therefore, nor shall he be entitled
to the refund of any fee paid by him for the licence.
(8)
When a licence is lost, destroyed torn or defaced, the market committee shall,
on application made in his behalf by the licensee, and on payment of such fee
as may be prescribed, issue a duplicate licence in the manner prescribed.
14. Officers and employees of the Market
Committee
(1)
Every Market committee shall have a Secretary to be appointed by the State
Government on such terms and condition as may be prescribed:
Provided
that the State Government may appoint any officer of the directorate of
Agricultural Marketing as secretary of the market committee.
(2)
Omitted.
(3)
The market committee may appoint such other officers and employees as the Board
may sanction.
(4)
The salaries and allowances of the officers and employees of the market
committee shall be paid from the market committee fund and the market committee
shall also provide for the payment of the leave allowance, pension, gratuity
and provident fund to all its officers and employees in accordance with such
rules relating to the terms and conditions of service of such officers and
employees at the market committee may, subject to the approval of the Board,
determine.
(5)
The market committee or any person dissatisfied with the decision of the Board
in respect of any matter under sub-section (3) and (4) may appeal to the State
Government in such manner and within such time as may be prescribed.
15. Meetings of the Market Committee.
(1)
Every market committee shall hold its meeting at least once in every month.
(1A)
The Secretary shall fix the agenda and convene the meeting with the approval of
the Chairman of the committee.
(2)
The Chairman or in his absence the Vice-Chairman of a market committee shall
preside at every meeting of such market committee and in the absence of both,
the members present shall elect one from among themselves to preside at such
meeting.
(3)
Six members shall from quorum for a meeting of the market committee.
(3A)
No business shall be transacted at a meeting of a market committee if there be
no quorum and the same shall stand adjourned:
provided
that no quorum shall be necessary in the case of an adjourned meeting.
(4)
Every matter coming before the market committee shall subject to the provision
of sub-section (2) of section 5 be decided by a majority of votes of the
members present and voting in the meeting and in the case of equality of votes,
the president of the meeting shall have a second or casting vote.
(5)
The Chairman and the vice-chairman of the Board or any person authorised by the
Board in this behalf and the director any person authorised by him in this
behalf shall have the right to attend any meeting of any market committee
without any right to vote in such meeting.
16. Duties of the Secretary and other
officers and employees
The
Secretary and the other officers and employees of the market committee shall
discharge such duties as may be entrusted to them by the market committee.
17. Levy of fee by Market Committee
Notwithstanding
anything contained in the Bengal Finance (Sales Tax) Act, 1941 or any other law
relating to taxation of agricultural produce in force, the market committee
shall levy fees on any agricultural produce sold in the market area, at a rate
which shall not be more than two rupees per one hundred rupees of the amount
for which the agricultural produce is sold, whether for cash or for deferred
payment or for other valuable consideration, irrespective of the fact that the
buyer of the produce is the Central Government or the State Government or an
agent or undertaking of either of them or a corporation Constituted under any
law for the time being in force:
Provided
that no fee shall be levied in the same market area, more than once, in
relation to the same agricultural produce irrespective of the number of
transaction.
Explanation
II – In the determination of the amount of the fees payable under this
sub-section any fraction of ten paise less than five paise shall be disregarded
and any fraction of ten paise equal to or exceeding five paise shall be
regarded as ten paise.
Explanation
III – For the purpose of this sub-section all agricultural produce stored in
the cold storages within the market area shall, unless the contrary is proved,
be presumed to have been stored for the purpose of sale.
(2)
The fees referred to in sub-section (1) shall be paid by the purchaser of the
agricultural produce concerned in the following manner, namely:
(i)
When a licensed trader is the buyer of any agricultural produce, he shall pay
the fees to the market committee in the prescribed manner within a week from
the day of the transaction;
(ii)
When a licensed trader is the seller of any agricultural produce and the buyer
is not licensed, the trader shall recover the fees from the buyer and deposit
the same in the prescribed manner with the market committee within a week from
the day of the transaction;
(iii)
the market committee may authorise its officers or staff or any other person to
realise the fees directly from the buyer.
NOTES
:
Imposition
of fees for general benefit like augmenting the agricultural produce, its
facility of transport in villages and to provide others ( 1 ) AIR 1943 MAD 621,
( 2 ) AIR 1959 SC 300, ( 3 ) ( 1975 ) Supp. SCR 394, 254, facilities meant
mainly or exclusively for the benefit of agriculturists A was not permissible
on the ground that such service in the long run augmented the volume of
transaction in the market ultimately benefiting the traders, such and indirect
benefit could not be considered to be sufficient quid-pro-quo to justify
imposition of market fee.
This
question was examined in the case of H.H.Shri Swamiji of Shri admar Mutt, etc.
– versus – The Commissioner, Hindu Religious & Charitable Endowments
Department & others (1) The correlation was again reviewed in the decision
in the case of Ramesh Chandra etc. – versus – state of u.p., etc. (2) this
question was again examined by the court in the case of Municipal corporation
of Delhi and other – versus – Mohd. Yasin (3) there the court reiterated that
the mere fact there other besides those paying the fees were also benefited did
not detract from the character of the fee.
In
fact the special benefit or advantage to the payers of the fees might even be
secondary as compared with the primary motive of regulation in the public
interest.
A
broad correlationship was all that was necessary, quid pro quo in the strict
sense is not the one and only true index of a fee, nor is it necessarily absent
in a tax.
“
What do we learn from these precedents ? we learn that there is no generic
difference between a Tax and a fee, though broadly a tax is compulsory exaction
as a part of common burden, without promise of any special advantages to
classes of tax payers whereas a fee is a payment for services rendered, benefit
provided or privilege conferred. Compulsion is not the hallmark of the
distinction between a tax and a fee. That the money collected. As the Hon’ble
Justice A.P. Sen described at page 235 of his report in regards to tax and
fees.
ITC
Limited – Versus – State of
17A. Submission of returns.
(1)
Every licensed trader shall submit to the Secretary returns of turnover in such
manner, for such period and by such dates as may be prescribed.
(2)
The trader shall before submitting any return of turnover referred to in
sub-section (1) pay into the market committee fund amount of fees due under
this Act according to such return; and for such payment a receipt in duplicate
shall be issued to the payee. One of the duplicate receipts issued to the payee
shall be attached to the return of the turnover to be submitted to the market
committee. In case of failure to submit return within the prescribed period,
the market committee shall initiate assessment proceeding for that return
period soon after the expiry of the time.
(3) If
the Secretary is satisfied that the return of turnover submitted by a trader is
correct and complete, he may, without requiring the presence of the trader or
the production of evidence by him, determine the amount of fees due from the
trader.
(4) If
the Secretary is not satisfied with the return of turnover submitted by a
trader and requires the presence of the trader or the production of evidence by
him, he may serve on such a trader a notice in the prescribed form requiring
him or his nominee on a date to be specified there in to attend before him and
produce or cause to the produced before him any evidence in support of the
return.
(5) On
the day specified in the notice issued under sub-section (4) or as soon
thereafter as may be, the secretary, after considering such evidence, oral or
documentary, as the trader or his nominee may produce and such other evidence
as the Secretary may require on specified points, shall, by an order in writing,
assess and determine the fees payable by him.
(6) If
a trader fails to submit any return of turnover as required under sub-section
(1) or fails to comply with the term of a notice issued under sub-section (4),
the Secretary shall, after giving the trader an opportunity of being heard,
make, in the prescribe manner, the assessment of fees payable under this Act to
the best of his judgment and determine the sum payable by the trader on the
basis of such assessment. The Secretary may, in such a case, and in a case
where a trader has failed to comply with the provision of sub-section (2),
direct that the trader shall in addition pay, by away of penalty, a sum not
exceeding the amount of the fees assessed, if he is satisfied that the failure
was unjustified or willful.
17B. Search and seizure.
The
officers or employees of the market committee shall have power to seize any
agricultural produce taken, or proposed to be taken, out of a market area in
any vehicle, boat or other conveyance, and to search or seize records of market
functionaries if such officer or employee has reason to believe that any fees
or other amount due to the market committee under this Act in respect of such
agricultural produce has not been paid, together with any container or other
materials for the packing of commodities. Such seizure shall be forthwith
reported by the officer or employee to a Magistrate having jurisdiction to try
an offence under this Act and the provision of the code of criminal procedure,
1973 shall, so far as may be, apply in relation to the agricultural produce
seized as aforesaid as they apply in relation to property seized by a police
officer.
NOTES
:
Section
17 B ( Search and Seizure ) of the
The officers or
employees of the market committee shall have power to seize any agricultural
produce taken, or proposed to be taken, out of a market area in any vehicle,
boat or other conveyance, and to search or seize records of market
functionaries if such officer or employee has reason to believe that any fees
or other amount due to the market committee under this Act in respect of such
agricultural produce has not been paid, together with any container or other
materials for the packing of commodities. Such seizure shall be forthwith
reported by the officer or employee to a Magistrate having jurisdiction to try
an offence under this Act and the provision of the code of criminal procedure,
1973 shall, so far as may be, apply in relation to the agricultural produce
seized as aforesaid as they apply in relation to property seized by a police
officer.
Break
up :
1.
The officers or employees
of the market committee shall have power to seize any agricultural produce
taken, or proposed to be taken, out of a market area in any vehicle, boat or
other conveyance,
2.
to search or seize records
of market functionaries if such officer or employee has reason to believe that
any fees or other amount due to the market committee under this Act in respect
of such agricultural produce has not been paid, together with any container or
other materials for the packing of commodities.
3.
Such seizure shall be
forthwith reported by the officer or employee to a Magistrate having
jurisdiction to try an offence under this Act and the provision of the code of
criminal procedure, 1973 shall, so far as may be, apply in relation to the
agricultural produce seized as aforesaid as they apply in relation to property
seized by a police officer.
Search
and Seizure in Criminal Procedure Code’ 1973 :
Section
457 of the Code of Criminal Procedure 1973 : (1) Whenever the seizure of
property by any Police Officer is reported to a Magistrate under the provisions
of this Code, and as such property is not produced before a Criminal Court
during an inquiry or trial, the Magistrate may make such order as he think fit
representing the disposal of such property or the delivery of such property to
the person entitled to the possession thereof, or if such person can not be
ascertained, respecting the custody and production of such property.
(2)
if the person so entitled is known, the Magistrate may order the property to be
delivered to him on such conditions ( if any ) as the Magistrate thinks fit and
if such person is unknown, the Magistrate may detain it and shall, in such
case, issue a proclamation specifying the articles of which such property
consists, and requiring any person who may have claim thereto, to appear before
him and establish his claim within six months from the date of such
proclamation.
Under
Section 457 of Cr.P.C., it is the duty of a police officer to report any
seizure made by him, to the Magistrate and also to produce the property so
seized before the Magistrate. The only condition is that the stage must not be
the stage of trial or inquiry.
As
per section 17B of the West Bengal Agricultural Produce Marketing ( Regulation
) Act 197, ------------------------- Such seizure shall be forthwith reported
by the officer or employee to a Magistrate having jurisdiction to try an
offence under this Act and the provision of the code of criminal procedure,
1973 shall, so far as may be, apply in relation to the agricultural produce
seized as aforesaid as they apply in relation to property seized by a police
officer.
[
seizure should be reported to the nearest Magistrate, in accordance with the
Cr.P.C. accompanying the Complaint for the offences committed to be punishable
under Section 34 (1) or 34 (2) or 34 (3) or 34 (4) or 34 (5) or altogether ( as
far as applicable )of the West Bengal Agricultural Produce Marketing (
Regulation ) Act 1972, against the
accused person or persons for the adjudication in accordance with the Criminal
Procedure Code 1973 ]
The
Code of Criminal Procedure, 1973.
D.-Miscellaneous
102.
Power of
police officer to seize certain property.
102.Power of
police officer to seize certain property. (1) Any
police
officer, may seize any property which may be alleged or
suspected to
have been stolen, or which may be found under
circumstances
which create suspicion of the commission of any offence.
(2) Such
police officer, if subordinate to the officer in charge
of a police
station, shall forthwith report the seizure to that
officer.
1*[(3) Every
police officer acting under sub-section (1) shall
forthwith
report the seizure to the Magistrate having jurisdiction and
where the
property seized is such that it cannot be conveniently
transported to
the Court, 2* [ or where there is difficulty in securing proper accommodation
for the custody of such property, or where the continued retention of the
property in police custody may not be considered necessary for the purpose of
investigation], he may give custody thereof to any person on his executing a
bond undertaking to produce the property before the Court as and when required
and to give effect to the further orders of the Court as to the disposal of the
same.]
3* [ Provided
that where the property seized under sub-section (1) is subject to speedy and
natural decay and if the person entitled to the possession of such property is
unknown or absent and the value of such property is less than five hundred
rupees, it may forthwith sold by auction under the orders of the Superintendent
of Police and the provisions of section 457 and 458 shall, as nearly as may be
practicable, apply to the net proceeds of such sale.]
- Inserted by Cr.P.C. (
Amendment ) Act, 1978 ( 45 of 1978 ), Sec.10 ( w.e.f. 18-12-1978 ).
- Inserted by The Code of
Criminal Procedure ( Amendment ) Act, 2005 ( 25 of 2005 ) Sec 13 ( W.e.f.
23-06-2006 ).
- Inserted by the Code of
Criminal Procedure ( Amendment ) Act, 2005 ( 25 of 2005 ) Sec 13 ( w.e.f.
23-06-2006 ).
{ Format }
Seizure List
Ref.: Proceeding no.
________________/ Memo no. _______________.
1.
Date and Time of
Seizure :
2.
Place of Seizure :
3.
Name and address of
the person from whom seized :
4.
Descriptions /
particulars of article /s seized :
5.
Name and address /
description of the witnesses in whose presence seizure has been done :
6.
Signature of the
person / s from whom seized :
7.
Signature of the
witnesses in whose presence seizure has been done :
8.
Signature of the
Officer of the seizure with date and time, ( with his designation, employment
number and full name ) :
***
First Original copy should be with the Officer of seizure.
***
Second Carbon copy should be handed over to the person from whom article has
been seized, on signature counter of the said person as received on the First
Original copy of the seizure.
17C. Inspection of vehicles, boats etc.
At any
time when so required by any officer or employees of the market committee
empowered by the State Government in this behalf, the driver or any other
person in-charge of any vehicle, boat or other conveyance which is taken or
proposed to be taken out of a market area, shall stop the vehicle, boat or
other conveyance, as the case may be, and keep in stationery as long as may
reasonably be necessary and allow the officer or employee empowered as
aforesaid to examine the contents in the vehicle, boat or other conveyance and
inspect all records relating to the agricultural produce carried, which are in
the possession of such driver or other person in-charge, who shall, if so
required, give his name and address and the name and address of the owner of
the vehicle, boat or other conveyance.
17D. Appeal
Any
person aggrieved by an order made under section 17A, 17B or 17C may appeal to
an officer of the State Government not below the rank of a superintendent of
Agricultural Marketing, as may be specified by the State Government by an order
issued in this behalf, having jurisdiction over the area and the decision of
such officer shall be final:
Provided
that no appeal against an order made under section 17A, 17B, or 17C shall be
entertained by such officer unless he is satisfied that such amount of fee as
the appellant may admit to be due from him has been paid.
18. Power to borrow
(1) A market committee may, with the previous sanction of the
State Government, raise money, by taking loan from the State Bank of
(2) A
market committee may subject to such condition as may be imposed by the State
Government, obtain loan from the State Government.
19. Market Committee Fund.
(1)
All moneys received by a market committee shall be paid into a fund to be
called the market committee fund and all expenditure incurred by the market
committee under or for the purposes of this Act shall be defrayed out of the
said fund.
(2)
Out of the surplus, if any, remaining with the market committee at the close of
each market year after meeting all expenditure incurred for the purpose of this
Act during the said year, rupees one thousand shall be credited to the reserved
fund of the market committee and out of the excess amount, if any, twenty per
cent, shall be paid into the West Bengal State Marketing Board Fund.
20. Application of the Market Committee
Fund.
(1)
Subject to the provisions of section 19, the market committee fund may be
applied for the following purpose only, namely;
(i)
acquisition, and taking on lease, of market, and management of market;
(ii)
maintenance and improvement of the market;
(iii)
construction and repair of buildings and installation and repair of equipments
which are necessary for the purpose of the market and for the health,
convenience and safety of the persons using it;
(iv)
provision for and maintenance of standard weights and measures;
(v)
payment of pay, leave allowance, gratuity, compassionate allowance and
contribution towards leave allowance, compensation for injuries and death
resulting from accidents while on duty, medical aid, pension or provident fund
of the persons employed by the market committee;
(vi)
payment of interest on loans that may be raised for carrying out the purpose of
this Act and creation of a fund for repayment of such loans;
(vii)
collection and dissemination of information regarding all matters relating to
crop statistics and marketing in respect of the agricultural produce concerned;
(viii)
providing facilities, such as shelter, parking accommodation and water for the
persons, draught cattle, vehicles and pack animals coming or being brought to
the market and construction and repair of approach roads, culverts, bridges and
such other purposes;
(ix)
meeting the expenses incurred in maintenance of office and in auditing the
accounts of the market committee;
(x)
publicity in favour of agricultural improvements and thrift;
(xi)
fostering co-operative marketing and assisting co-operative marketing societies
in the procurement and organisation of profitable disposal of produce
particularly the produce belonging to small and marginal farmers;
(xii)
prevention, in conjunction with other agencies, State, Central and
others
of distress sale;
(xiii)
meeting any legal expenses incurred by the committee;
(xiv)
incurring all expenses for training in marketing of the agricultural produce;
(xv)
payment of traveling and sitting allowances to the members and employees of the
market committee in such manner and at such rates may be prescribed;
(xvi)
grant of loans and advances to the employees;
(xvii)
performing, with the previous sanction of the Board any other function as may
be necessary to carry out the purpose of this Act.
(1A)
Every market committee shall, with the previous approval of the Board, spend
every fifty per cent of the fees referred to in sub-section (1) of section 17
for providing facilities with a view to ensuring smooth marketing of
agricultural produce or for servicing loans taken on that account. If any
market committee fails to spend the amount or portion of it for the aforesaid
purposes, the same amount of the unspent portion shall be utilised for other
purposes referred to in sub-section (1):
Provided
that the Board may from time to time review the requirement of the person using
the market area and direct the market committee to provide such facilities as
the Board may consider necessary and any such direction by the Board shall be
binding on the market committee.
(2)
The market committee fund shall be operated by the Chairman jointly with the
Secretary and in the absence of the Secretary, with another member of the
market committee and the accounts thereof shall be kept and audited in such
manner as may be prescribed.
20A Budget of the Market Committee.
(1)The
Chairman of the market committee shall, at a special meeting to be held for the
purpose before the fifteenth day of November in each year, lay before the
market committee a budget of the committee for the next market year.
(2)
The market committee shall within the seventh day of December in each year,
consider the budget laid before it and accept it with or without modification.
(3)
Every budget as accepted by the market committee shall be submitted to the
Board within the twentieth day of December in each year and the Board shall,
within the twentieth day of January of the following year, either sanction the
budget as accepted by the market committee and communicate necessary intimation
in this behalf to the market committee or return it to the market committee for
making such modifications there in as the Board may deem fit to specify.
(4)
Where the budget is returned to the market committee by the Board for making
any modifications therein, the market committee shall, within the fifteenth day
of February, make such modifications and submit, within the first day of March
the budget as so modified to the Board and the Board shall, then, within the
thirty first day of March, sanction the same and communicate necessary
intimation in this behalf to the market committee.
(5)
The Chairman of the market committee may, at any time during the year for which
a budget has been sanctioned by the Board, lay before the market committee a
supplementary budget, and the provisions of sub-section (2), sub-section (3)
and sub-section (4) shall mutatis mutandis apply to such supplementary budget.
(6) No
sum shall be expended by or on behalf of the market committee unless the
expenditure is covered by a specific provision in the budget sanctioned by the
board:
Provided
that the market committee may sanction any re-appropriation from one head of
expenditure to another or from the provision made for one scheme to the
provision made for another, with the previous approval of the Board.
20B. Audited statement of account and
annual report
The
Secretary of a market committee shall, at a special annual meeting, place
before the market committee the audited statement of accounts and annual
administration report of such market committee.
21. Execution of contract
(1)
Every contract required to be entered into by the market committee shall be in
writing and signed on behalf of the market committee by its chairman, Secretary
and two other members.
(2) No
contract other than a contract as provided in sub-section (1) shall be binding
on the market committee.
22. Supersession of the Market Committee
(1) If
at any time the State Government considers it necessary so to do in the public
interest, it may, by notification, supersede the market committee, the members
of which shall forthwith vacate their offices, and proceed to reconstitute it
in accordance with the provisions of this Act and appoint a person to perform
the functions of the market committee until it is so reconstituted.
(2)
For the avoidance of doubts it is hereby declared that a notification of
supersession under sub-section (2) shall not effect or imply in any way the
dissolution of the market committee as a body corporate.
23. Market Committee to furnish
information to State Government
The
market committee shall furnish such information in connection with its duties
and functions as the Director of the State Government or any officer appointed
by the State Government may in this behalf call for.
24. Power of inspection
(1)
The Director or any other officer not below the rank of a superintendent of
Agricultural Marketing, authorized by the State Government in this behalf by
general or special order, may inspect or cause to be inspected the accounts of
the market committee or institute an enquiry into the affairs of the market
committee and require the market committee or its chairman to do a thing or to
refrain from doing a thing which the director or other officer considers
necessary or desirable in the interest of the market or the market committee.
(2)
The Director or any other officer authorised by the State Government under
sub-section (1) shall, for the purpose of said sub-section, have the same power
as are vested in a court under the Code of Civil Procedure, 1908, when trying a
suit in respect of the following matters namely:-
(a) enforcing
the attendance of any person and examining him on
oath
or affirmation;
(b)
compelling the production of documents; and
(c)
issuing commissions for the examination of witness.
25. Director may cancelled or suspend any
licence.
The
Director may for reasons to be recorded in writing, suspend or cancel any
licence issued under section 13 and may take such other steps as he may deem
fit in the interest of market;
Provided
that before passing any order under this section the director shall give a
reasonable opportunity to the licensee of being heard.
26. Alternative arrangements for
performing the duties of Market Committee.
Where
the market committee is unable due to any order or decision of a court or any
other reason to perform the duties imposed upon it by or under this Act, the
State Government shall make such alternative arrangement as it deems necessary
for the due performance of the duties and functions of such market committee.
27. Supervisory power of the Director and
the Board and appeal to the State Government.
(1)
The Director or the Board may at any time call for and examine any record from
market committee for the purpose of satisfying himself or itself, as the case
may be, as to the legality or propriety of any decision or order passed by such
market committee and may, after giving an opportunity to the market committee
of being heard, pass such order thereon as considered fit and proper:
Provided
that the Director of the Board when he or it, as the case may be, calls or any
record from a market committee, shall also notify the other about such action
and the other, as the case may be, shall not in such a case take any action.
(2)
The Director or the Board may, pending the examination and disposal of the
matter under section (1), direct that the execution of the decision or order
the market committee be stayed.
(3)
The market committee, if dissatisfied with the decision of the Director or the
Board under sub-section (1), or any person aggrieved by the refusal to stay the
execution of the decision or order the market committee, may prefer an appeal
to the State Government within such time and such manner as may be prescribed.
28. Acquisition of land by Market
Committee.
(1)
Where any land is needed for the purpose of the market committee, the State
Government may proceed to acquire the same under the provisions of the Land
Acquisition Act, 1894 the
(2)
Any land so acquired shall be transferred to the market committee on such terms
and conditions as may be agreed upon between the State Government and the
market committee.
29. Power to exempt.
The
State Government may, by notification and subject to such conditions and
restrictions as it may think fit to impose, exempt any class of persons,
commodity or traders from all or any of the provisions of this Act. Such
exemption order shall also be published in the market area or the office of the
local authority in such manner as may be prescribed.
30. Recovery of sums due.
Every
due to market committee under this Act shall be recoverable as an arrear of
land revenue under the provisions of the Bengal Public Demands Recovery Act,
1913.
31. Members and employees of a Market
Committee to be public servants.
Every
member of a market committee and every officer and employee of a market
committee shall be deemed to be a public servant within the meaning of section
21 of the Indian Penal Code, 1860.
NOTES
:
Section
21 of the Indian Penal Code, 1860 :
21. Public servant .- The words “public servant” deNOTES a person falling under any of the
descriptions hereinafter following, amely:-
First.-1 [***]
Second.- Every Commissioned Officer in the Military,
Naval or Air Forces of
Third.- Ever y Judge including any person empower ed by law to
discharge, whether by himself or as a member of any body of persons, any ad
judicatory functions;
Fourth.- Every; officer of a Overt of Justice (
including a liquidator, receiver or commissioner) whose duty it is as such officer
, to investigate or report on any matter of law or fact, or to make,
authenticate, or keep any document , or to administer any oath, or to
interpret, or to pr eserve order in the Court, and every person specially
authorized by a Court of Justice to perform any of such duties;
Fifth.- Every juryman, assessor , or member of a panchayat assisting
a Court of Justice or public servant;
Sixth.- Every arbitrator or other person to whom any cause or matter
has been referred for decision or report by any Court of Justice, or by any
other competent public authority;
1. Clause first omitted by the A.O.1950.
Seventh.- Every person who holds any office by
virtue\e of which he is empowered to place or keep any person in confinement;
Eighth.- Every officer of the Government whose duty
it is. As such officer, to prevent offences, to give information of offences,
to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth.- Ever y officer whose duty it is, as such officer, to take,
receive, keep or expend any property on behalf of the Government, or to make
any sur vey, assessment or
contract on behalf of the Government, or to
make any survey, assessment or contract on behalf of the Gover nment, or to
execute any revenue process, or to investigate, or to
report, on any matter affection the pecuniary
interests of the government, or to make, authenticate or keep any document
relating to the pecuniary interests of the Government, or to pr event the
infraction of any law for the protection of the pecuniary interests of the
Government;
Tenth.- Every person whose duty it is, as such
officer, to take, receive, keep or expend any property, to made any survey or
assessment or to levy any rate or tax for a y secular common purpose of any
village, town or district, or to make, authenticate or keep any document for
the ascertaining of the r ight of the people of any village, town or district;
Eleventh.-Every Person who holds any office in virtue of
which he is empowered to prepare, publish, maintain or revise an electoral roll
or to conduct an election or part of an election;
2* [ Twelfth – Every person –
(a) in
the service or pay of the Government or remuner ated by fees or commission for
the performance of any public duty by the government;
(b) in
the service or pay of a local authority, a corporation establishment by or
under a Central, Provincial or State Act or a Government company as defined in
Section 617 of the Companies Act, 1956 ( 1 of 1956).]
2* Subs. By Act 40 of 1964, s.2., for the
former clause.
Illust ration
A Municipal Commissioner is a public servant.
Explanation: 1- Person falling under any of the above
descriptions are public servants, whether appointed by the Government of not.
Explanation: 2- Wherever the words public servant occur, they
shall be understood of every person who is in actual possession of the
situation of a public servant, whatever legal defect there may be in his right
to hold that situation.
Explanation : 3 – The word election deNOTESs an election for
the purpose of selecting members of any legislative, municipal or other public
authority, of whatever character, the method of
selection to which is by; or under, any law
prescr ibed as by election.
COMMENTS
Bank Employees : If the Legislature wanted certain specific
Bank employees to be considered Public Servants for a limited purpose, the
contrary cannot be held by taking recourse to the wide sweep of Section
21,I.P.C-N. Vaghul v. State of
Banks:An employee of a nationalized bank is a public servant, being
the employee of a Government company or of a corporation controlled by the Government of
India.-
Kundanlal v.B.N.Khanna, 1983 Cr LJ 141
(P&H). Contrary view in Raghunath Rai treblebt soecuak ciyrts fir cirryotuib abd itger charges .- Union of
President and Secretary of the
Co-operative Societ y : The
President and Secretary of the Co- operative Society are not public servants
within the meaning of clause 12(b) of Section 21 of the Indian Code.- State of
Punjab v. Kesarichand, 1987 Cr LJ 549: AIR 1987 P&H 216.
Private Medical Practitioner: Private Medical Pr actitioners are not public
servants even if their names are included in the panel of doctors.- Dr. Arvind
C. Shah v. State of Gujrat,(1986)1 GLR 481 : (1986)2 C r LG 59.
Surveyor: Surveyor of Insurance claims does not fall
within Section 21 (5) or Section 21 (12).- A.R.Puri v. State, (1987)2 Crimes
102 (
MP: A member of Parliament is a Public Servant u/s 2( c) of Prevention
of Corruption Act, 1988.- P.V. Narasimha Rao v. State,(CBI/SPE),(1998)1 SCJ
529.
MLA : MILA is not a public servant .- R.S Nayak v. A.R Antulay, AIR
1984 SC 684 : 1984 Cr LJ 2080(Mad).
Ministers : Ministers are public servants because :
they receive =pay‘, an expression wider than
salar (a) r y, (b) they are appointed by the Governor (articles 164 and 167 of
the
Constitution), (c) they perform public
functions .- M.Karunanidhi v Union of India, 1979 Cr LJ773 (SC) : AIR 1979 SC
598; Shiv Bahadur, 1954 CrLJ 910 (SC).
Co-operative Societies : Co- operative Societies are not corporations owned or controlled by the State.
Their officer are not public servants – not even those on deputation from
Government. – S.S. Dhanoa v.
32. Bar of suits in absence of notice.
(1) No
suit shall be institute against any market committee, its Chairman,
Vice-Chairman, or any other member, any officer or employee, or any person
acting under the direction of any such market committee, Chairman,
Vice-Chairman, or any other member, any officer or employee, for anything done
or purported to be done, in good faith as such member, Chairman, Vice-Chairman,
office, employee or person under this Act, until the expiration of two months
next after notice in writing stating the cause of action, the name and place of
abode of the intending plaintiff and the relief which he claims, has been in
the case of a market committee delivered or left at its office and in the case
of the Chairman, Vice-Chairman or other member, officer, employee or person as
aforesaid, delivered to him or left at his office or usual place of abode, and
the plaint shall contain a statement that such notice has been so delivered or
left.
NOTES
:
Part
IV of the Code of Civil Procedure, 1908.
-------------------------------------------------------
(2)
Every such suit shall be dismissed unless it is instituted within six months
from the date of accrual of the cause of action.
(3)
Nothing in this section shall be deemed to apply to any suit instituted under
section 38 of the Specific Relief Act, 1963.
NOTES
:
Section
38 of the Specific Relief Act, 1963 :
38.
Perpetual injunctions when granted. – (1) Subject to the other provisions
contained in or referred to by this chapter a perpetual injunction may be
granted to the plaintiff to prevent the breach of an obligation existing in his
favour, whether expressly or by implication.
(2)
When any such obligation arises from contract, the Court shall be guided by the
rules and provisions contained in Chapter II.
(3)
When the defendant invades or threatens to invade the plaintiff’s right to, or
enjoyment of property the Court may grant a perpetual injunction in the
following cases, namely :
(a)
where the defendant is trustee of the property for the plaintiff;
(b)
Where there exists no standard for ascertaining the actual damages caused, or
likely to be caused, by the invasion;
( c
) where the invasion is such that compensation in money would not afford
adequate relief;
(d)
where the injunction is necessary to prevent a multiplicity of judicial
proceedings.
33. Prohibition of trade allowance, fee or
charge.
No
trade allowance, fee or charge other than such as may determined by a market
committee shall be recovered in any transaction within a market area.
34. Penalty.
(1)
Whoever contravenes the provisions sub-section (2) of section 4 or 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 shall, on conviction, be punishable with imprisonment
for the 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.
(3)
Whoever contravenes any condition of a licence granted by a market committee
shall on conviction, be punishable with fine which may extend to five hundred
rupees.
(4)
Whoever obstructs any authorized person while discharging his duty under
section 16 shall, on conviction, be punishable with fine, which may extend to
five hundred upees.
(5)
Whoever fails to pay any fee or other sum due to the market committee under the
provision of this act or the rules or bye-laws made thereunder evades the
payment due towards remuneration to any weighman or palladar, or demands
remuneration without authority for 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 buy-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 may accept from any person who has committed or reasonably
suspected of having committed an offence against this Act or the rules or
buy-laws made thereunder by way of composition of such offence --
(a)
Where the offence consists of the failure to pay on evasion of any fee or other
amount so recoverable under this Act or the rules or bye-laws made thereunder,
in addition to the fee or other amount recoverable, a sum not exceeding five
hundred rupees or double the amount of fee or other amount of fee or other amount
whichever is grater, 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 the market committee 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 prosecution 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.
NOTES
:
CHAP of the
Code of Criminal Procedure, 1973 :
INFORMATION TO
THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XII
INFORMATION TO
THE POLICE AND THEIR POWERS TO INVESTIGATE
154.
Information in
cognizable cases.
154.Information
in cognizable cases. (1) Every information
relating to
the commission of a cognizable offence, if given orally to
an officer in
charge of a police station, shall be reduced to writing
by him or
under his direction, and be read Over to the informant; and
every such
information, whether given in writing or reduced to writing
as aforesaid,
shall be signed by the person giving it, and the
substance
thereof shall be entered in a book to be kept by such
officer in
such form as the State Government may prescribe in this
behalf.
(2) A copy of
the information as recorded under sub-section (1)
shall be given
forthwith, free of cost, to the informant.
881
(3) Any person
aggrieved by a refusal on the part of an officer
in charge of a
police station to record the information referred to
in subsection
(1) may send the substance of such information, in
writing and by
post, to the Superintendent of Police concerned who, if
satisfied that
such information discloses the commission of a
cognizable
offence, shall either investigate the case himself or
direct an
investigation to be made by any police officer subordinate
to him, in the
manner provided by this Code, and such officer shall
have all the
powers of an officer in charge of the police station in
relation to
that offence.
155.
Information as
to non-cognizable cases and investigation of suchcases.
155.Information
as to non-cognizable cases and investigation of
such cases.
(1) When information is given to an officer in charge of a
police station
of the commission within the limits of such station of
a
non-cognizable offence, he shall enter or cause to be entered the
substance of
the information in a book to be kept by such officer in
such form as
the State Government may prescribe in this behalf, and
refer the
informant to the Magistrate.
(2) No police
officer shall investigate a non-cognizable case
without the
order of a Magistrate having power to try such case or
commit the
case for trial.
(3) Any police
officer receiving such order may exercise the
same powers in
respect of the investigation (except the power to
arrest without
warrant) as an officer in charge of a police station
may exercise
in a cognizable case.
(4) Where a
case relates to two or more offences of which at
least one is
cognizable, the case shall be deemed to be a cognizable
case,
notwithstanding that the other offences are non-cognizable.
156.
Police
officer's power to investigate cognizable case.
156.Police
officer's power to investigate cognizable case. (1)
Any officer in
charge of a police station may, without the order of a
Magistrate,
investigate any cognizable case which a Court having
jurisdiction
over the local area within the limits of such station
would have
power to inquire into or try under the provisions of
Chapter XIII.
(2) No
proceeding of a police officer in any such case shall at
any stage be
called in question on the ground that the case was one
which such
officer was not empowered under this section to
investigate.
(3)Any
Magistrate empowered under section 190 may order such an
investigation
as above-mentioned.
882
157.
Procedure for
investigation preliminary inquiry.
157.Procedure
for investigation preliminary inquiry. (1) If, from
information
received or otherwise, an officer in charge of a police
station has
reason to suspect the commission of an offence which he is
empowered
under section 156 to investigate, he shall forthwith send a
report of the
same to a Magistrate empowered to take cognizance of such
offence upon a
police report and shall proceed in person, or shall depute
one of his
subordinate officers not being below such rank as the State
Government
may, by general or special order, prescribe in this behalf,
to proceed, to
the spot, to investigate the facts and circumstances of
the case, and,
if necessary, to take measures for the discovery and
arrest of the
offender;
Provided that-
(a) when
information as to the commission of any such
offence is
given against any person by name and the case is
not of a
serious nature, the officer in charge of a police
station need
not proceed in person or depute a subordinate
officer to
make an investigation on the spot ;
(b) if it
appears to the officer in charge of a police
station that
there is no sufficient ground for entering on an
investigation,
he shall not investigate the case.
(2) In each of
the cases mentioned in clauses (a) and (b) of the
proviso to
sub-section (1), the officer in charge of the police
station shall
state in his report his reasons for not fully complying
with the
requirements of that sub-section, and, in the case mentioned
in clause (b)
of the said proviso, the officer shall also forthwith
notify to the
informant, if any, in such manner as may be prescribed
by the State
Government, the fact that he will not investigate the
case or cause
it to be investigated.
CHAPTER XV
COMPLAINTS TO
MAGISTRATES
200
Examination of
complainant.
200.Examination
of complainant. A Magistrate taking cognizance of
an offence on
complaint shall examine upon oath the complainant and
the witnesses
present, if any,and the substance of such examination
shall be
reduced to writing and shall be signed by the complainant and
the witnesses,
and also by the Magistrate :
Provided that,
when the complaint is made in writing, the
Magistrate
need not examine the complainant and the witnesses-
(a) if a
public servant acting or- purporting to act in the
discharge of
his official duties or a Court has made the
complaint ; or
(b) if the
Magistrate makes over the case for inquiry or
trial to
another Magistrate under section 192 :
Provided
further that if the Magistrate makes over the case to
another
Magistrate under section 192 after examining the complainant
and the
witnesses, the latter Magistrate need not re-examine them.
201.
Procedure by
Magistrate not competent to take cognizance of the case.
201. Procedure
by Magistrate not competent to take cognizance of
the case.If
the complaint is made to a Magistrate who is not
competent to
take cognizance of the offence, he shall,-
(a) if the
complaint is in writing, return it for
presentation
to the proper Court with an endorsement to that
effect;
(b) if the
complaint is not in writing, direct the
complainant to
the proper Court.
905
202.
Postponement
of issue of process.
202.Postponement
of issue of process. (1) Any Magistrate, on
receipt of a
complaint of an offence of which he is authorised to take
cognizance or
which has been made over to him under section 192, may,
if he thinks
fit, postpone the issue of process against the accused,
and either
inquire into the case himself or direct an investigation to
be made by a
police officer or by such other person as he thinks fit,
for the
purpose of deciding whether or not there is sufficient ground
for
proceeding:
Provided that
no such direction for investigation shall be
made,--
(a) where it
appears to the Magistrate that the offence
complained of
is triable exclusively by the Court of Session
; or
(b) where the
complaint has not been made by a Court,
unless the
complainant and the witnesses present (if any)
have been
examined on oath under section 200.
(2) In an
inquiry under sub-section (1), the Magistrate may, if
he thinks fit,
take evidence of witnesses on oath :
Provided that
if it appears to the Magistrate that the offence
complained of
is triable exclusively by the Court of Session, he shall
call upon the
complainant to produce all his witnesses and examine
them on oath.
(3) If an
investigation under sub-section (1) is made by a
person not
being a police officer, he shall have for that
investigation
all the powers conferred by this Code on an officer-incharge
of a police
station except the power to arrest without warrant.
203.
Dismissal of
complaint.
203.Dismissal
of complaint. If, after considering the statements
on oath (if
any) of the complainant and of the witnesses and the
result of the
inquiry or investigation (if any) under section 202, the
Magistrate is
of opinion that there is no sufficient ground for
proceeding, he
shall dismiss the complaint, and in every such case he
shall briefly
record his reasons for so doing,
CHAP
COMMENCEMENT
OF PROCEEDINGS BEFORE MAGISTRATES
CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204.
Issue of process.
204.Issue of
process. (1) If in the opinion of a Magistrate
taking
cognizance of an offence there is sufficient ground for
proceeding,
and the case appears to be-
(a) a
summons-case, he shall issue his summons for the
attendance of
the accused, or
(b) a
warrant-case, he may issue a warrant, or, if he
thinks fit, a
summons, for causing the accused to be brought
or to appear
906
at a certain
time before such Magistrate or (if he has no
jurisdiction
himself) some other Magistrate having
jurisdiction.
(2) No summons
or warrant shall be issued against the accused
under
sub-section (1) until a list of the prosecution witnesses has
been filed.
(3) In a
proceeding instituted upon a complaint made in writing
every summons
or warrant issued under sub-section (1) shall be accompanied
by a copy of
such complaint.
(4) When by
any law for the time being in force any process-fees
or other fees
are payable, no process shall be issued until the fees
are paid and,
if such fees are not paid within a reasonable time, the
Magistrate may
dismiss the complaint.
(5) Nothing in
this section shall be deemed to affect the
provisions of
section 87.
205.
Magistrate may
dispense with personal attendance of accused.
205.Magistrate
may dispense with personal attendance of accused. (1)
Whenever a
Magistrate issues a summons, he may, if he sees reason so
to do,
dispense with the personal attendance of the accused and permit him
to appear by
his pleader.
(2) But the
Magistrate inquiring into or trying the case may, in
his
discretion, at any stage of the proceedings, direct the personal
attendance of
the accused, and, if necessary, enforce such attendance
in the manner
hereinbefore provided.
CHAP
TRIAL OF
SUMMONS-CASES BY MAGISTRATES.
CHAPTER XX
TRIAL OF
SUMMONS-CASES BY MAGISTRATES
251.
Substance of
accusation to be stated.
251.Substance
of accusation to be stated. When in a summons-case
the accused
appears or is brought before the Magistrate, the
particulars of
the offence of which he is accused shall be stated to
him, and he
shall be asked whether he pleads guilty or
926
has any
defence to make, but it shall not be necessary to frame a
formal charge.
252.
Conviction on
plea of guilty.
252.Conviction
on plea of guilty. If the accused pleads guilty,
the Magistrate
shall record the plea as nearly as possible in the
words used by
the accused and may, in his discretion, convict him
thereon.
253.
Conviction on
plea of guilty in absence of accused in petty cases.
253.Conviction
on plea of guilty in absence of accused in petty
cases.(1)
Where a summons has been issued under section 206 and the
accused
desires to plead guilty to the charge without appearing before
the
Magistrate, he shall transmit to the Magistrate, by post or by
messenger, a
letter containing his plea and also the amount of fine
specified in
the summons.
(2) The
Magistrate may, in his discretion, convict the accused
in his
absence, on his plea of guilty and sentence him to pay the fine
specified in
the summons, and the amount transmitted by the accused
shall be
adjusted towards that fine, or where a pleader authorised by
the accused in
this behalf pleads guilty on behalf of the accused, the
Magistrate
shall record the plea as nearly as possible in the words
used by the
pleader and may, in his discretion, convict the accused on
such plea and
sentence him as aforesaid.
254.
Procedure when
not convicted.
254.Procedure
when not convicted.(1) If the Magistrate does not
convict the
accused under section 252 or section 253, the Magistrate
shall proceed
to hear the prosecution and take all such evidence as
may be
produced in support of the prosecution, and also to hear the
accused and
take all such evidence as he produces in his defence.
(2) The
Magistrate may, if he thinks fit, on the application of
the
prosecution or the accused, issue a summons to any witness
directing him
to attend or to produce any document or other thing.
(3) The
Magistrate may, before summoning any witness on such
application
require that the reasonable expenses of the witness
incurred in
attending for the purposes of the trial be deposited in
Court.
255.
Acquittal or
conviction.
255.Acquittal
or conviction. (1) If the Magistrate, upon taking
the evidence
referred to in section 254 and such further evidence, if
any, as he
may, of his own motion, cause to be produced, finds the
accused not
guilty, he shall record an order of acquittal.
(2) Where the
Magistrate does not proceed in accordance with the
provisions of
section 325 or section 360, he shall, if he finds the
accused
guilty, pass sentence upon him according to law.
927
(3) A
Magistrate may, under section 252 or section 255, convict
the accused of
any offence triable under this Chapter, which from the
facts admitted
or proved he appears to have committed, whatever may be
the nature of
the complaint or summons, if the Magistrate is satisfied
that the
accused would not be prejudiced thereby.
256.
Non-appearance
or death of complainant.
256.Non-appearance
or death of complainant. (1) If the summons
has been
issued on complaint, and on the day appointed for the
appearance of
the accused, or any day subsequent thereto to which the
hearing may be
adjourned, the complainant does not appear, the
Magistrate
shall, notwithstanding anything hereinbefore contained,
acquit the
accused, unless for some reason he thinks it proper to
adjourn the
hearing of the case to some other day:
Provided that
where the complainant is represented by a pleader
or by the
officer conducting the prosecution or where the Magistrate
is of opinion
that the personal attendance of the complainant is not
necessary, the
Magistrate may dispense with his attendance and proceed
with the case.
(2) The
provisions of sub-section (1) shall, so far as may be,
apply also to
cases where the non-appearance of the complainant is due
to his death.
257.
Withdrawal of
complaint.
257.Withdrawal
of complaint. If a complainant, at any time
before a final
order is passed in any case under this Chapter,
satisfies the
Magistrate that there are sufficient grounds for
permitting him
to withdraw his complaint against the accused, or if
there be more
than one accused, against all or any of them, the
Magistrate may
permit him to withdraw the same, and shall thereupon
acquit the
accused against whom the complaint is so withdrawn.
258.
Power to stop
proceedings in certain cases.
258.Power to
stop proceedings in certain cases. In any summonscase
instituted
otherwise than upon complaint, a Magistrate of the
first class
or, with the previous sanction of the Chief Judicial
Magistrate,
any other Judicial Magistrate, may, for reasons to be
recorded by
him, stop the proceedings at any stage without pronouncing
any judgment
and where such stoppage of proceedings is made after the
evidence of
the principal witnesses has been recorded, pronounce a
judgment of
acquittal, and in any other case, release the accused, and
such release
shall have the effect of discharge.
259.
Power of Court
to convert summons-cases into warrant-cases.
259.Power of
Court to convert summons-cases into warrant-cases.
When in the
course of the trial of a summons-case relating to an
offence
punishable with imprisonment for a term exceeding six months
it appears to
the Magistrate that in the interests of justice, the
offence
928
should be
tried in accordance with the procedure for the trial of
warrant-cases,
such Magistrate may proceed to re-hear the case in the
manner
provided by this Code for the trial of warrant-cases and may
recall an
witness who may have been examined.
The
Indian Penal Code, 1860 :
Section 409. Criminal breach of trust by
public servant, or by banker, merchant or agent. Whoever, being in
any manner entrusted with property, or servant
or in the way of his business as a banker, merchant,
factor, broker, attorney or agent, commits
criminal breach of trust in respect of that property , shall be
punished with 1 [imprisonment for life],
or with imprisonment of either description for a term which
may extend to ten years. and shall also be
liable to fine.
Sec6tion 420. Cheating and dishonestly
inducing deli every of property. – Whoever cheats and thereby
dishonesty induces the person deceived to
deliver any property to any person , or to make, alter or
destroy the whole or any part o a valuable
security , or anything which is signed or sealed, and which is
capable of being converted into a valuable
security , shall be punished with imprisonment for either
description for a tem which may extend to
seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 7 years and
fine-Cognizable –Non-bailable-Triable by Magistrate
of the first class –Compoundable by the person
cheated with the
permission of the court.
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBILC
SERVANTS
161 To 165A.- [Rep. By the prevention of Corruption Act,
1988(49 of 1988), sec. 31.]
166. Public servant disobeying law, with
intent to cause injury to any person.- Whoever,
being a public servant , knowingly disobeys
any direction of the law as to the way in which he is
to conduct himself as such public servant,
intending to cause, or downing it to be likely that he
will, by such disobedience, cause injur y to
any person, shall be punished with simple
imprisonment for a term which may extend to
one year, or with fine, or with both.
Illust ration
A, being an off icer directed by law to take
property in execution , in order to satisfy a
decree pronounced in Z‘s favour by a Court of
Justice, knowingly disobeys that direction of
law, with the knowledge that he is likely
thereby to cause injury to Z.A has committed the
offence defined in this section.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine
or both- Non-Cognizable-Bailable-Triable
by any Magistr ate - Non- compoundable.
167.- Public servant framing an incorrect
document with intent to cause injury.- Whoever,
being a public servant, and being , as [such
public ser vant, charged with the preparation 1 or
translation of any document or electronic
record, frames, prepares or translates that document or
electronic record] in a manner which he knows
or believes to be incorrect, intending thereby to
cause or knowing it to be likely that he may
ther eby cause injury to any person, shall be
punished with imprisonment of either
description for a term which may extend to three years, or
with fine, or with both.
1. Subs. by the Information Technology Act, 2000.sec. 91 and Sch.1,
for certain words.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine
or both- Non-Cognizable-Bailable-Triable
by any Magistr ate of the first class- Non-
compoundable.
168. Public servant unlawfully engaging
in trade.- Whoever , being a public
servant and
being legally bound as such public servant not
to engage in trade , engage in trade, shall be
punished with simple imprisonment for a term
which may extend to one year , or with fine, or
with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine
or both- Non-Cognizable-Bailable-Triable
by any Magistr ate of the first class- - Non-
compoundable.
169. Public servant unlawfully buying or
bidding for property.- Whoever,
being a public
servant and being legally bound as such public
servant, not to pur chase or bid for certain
property , purchase or bids for that property
, either in his own name or in the name of another ,
or jointly , or bids for that property ,
either in his own name or in the name of another, or
jointly, or in shares with other s , shall be
punished with simple imprisonment for a term which
may extend to two years , or with fine , or
with both; and the property , if purchased , shall be
confiscated.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine
or both and confisication of property if
purchased - Non-Cognizable-Bailable-Tr iable
by any Magistrate of the first class- - Noncompoundable.
170. Personating a public servant.- Whoever pretends to holds any particular office
a public
servant , knowing that he does not hold such
office or falsely personates any other person
holding such office , shall be punished with
imprisonment of either description for a term
which may extend to two years, or with fine,
or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine
or both –Cognizable- Non-bailable- Triable
by any Magistr ate of the first class- - Non-
compoundable.
171. Wearing garb or carrying token used
by public servant with fraudulent intent.-
Whoever, not belonging to a certain class of
public servants, wears any gar b or carries any
token resembling any gar b or token used by
that class of public servants , with the intention
that it may be believed , or with the
knowledge that it is likely to be believed , that he belongs
to that class of public ser vants , shall be
punished with imprisonment of either descr iption for
a term which may extended to three months, or
with fire which may extend to two hundred to
two hundred rupees , or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 months ,or fine
of 200 rupess, or both- Cognizable-
Bailable- Tr iable by Magistrate- Non-
compoundable.
CHAPTER IX1 A
171A. Candidate , Electoral right
defined.- For the purpose of this
Chapter-
2 [(a) candidate means a
person who has been nominated as a candidate at any
election;]
(b) electoral right means the r ight of a per
son to stand , or not to stand as, or to a
withdraw from being ,a candidate or to vote or
refrain from voting at any
election.
____________________________________________________
1. 1. Chapter IXA ins. by Act 39 of
1920,sec.2.
2. 2. Subs. by Act 40 of 1975,sec.9, for
clause(a)
171B. Bribery.- (1) Whoever-
(i) gives a gratification to any person with
the object of inducing him or any other
person to exercise any electoral right or of
rewarding any person for having
exercised any such r ight; or
(ii) accepts either for himself or for any
other person any gr atification as reward for
exercising any such r ight or for inducing or attempting
to induce any other person
to exercise any such right;
commits the offence of bribery :
Provided that a declaration of public action
shall not be an offence under this section.
(2) A person who offer s, or agrees to give ,
or offers or attempts to procure, a
gratification shall be deemed to give a
gratification.
(3) A person who obtains or agrees to accept
or attempts to obtain a gratification
shall be deemed to accept a gratification, and
a person who accepts a gratification as a motive
for doing what he does not intend to do, or as
a reward for doing what he has not done , shall
be deemed to have accepted the gr atification
as a reward.
171C. Undue influence at elections.- (1) Whoever voluntarily interfere or attempts
to inter fer e
with the free exercise of any electoral right
commits the offence of undue influence at an
election.
(2) Without pr ejudice to the generality of
the pr ovision of sub-section (1) , whoever-
(a) threatens any candidate or voter, or any
person in whom a candidate or voter is
interested, with injur y of any kind, or
(b) induces or attempts to induce a candidate
or voter to believe that he or any
person in whim he is interested will become or
will be r endered an object of
Divine displeasure or of spir itual censure,
shall be deemed to interfere with the free
exercise of the electoral right of such candidate or
voter , within the meaning of sub- section
(1).
(3) A declaration of public policy or a
promise of public action , or the mere exercise of
a legal r ight without intent to interfer e
with an electoral right, shall not be deemed to be
interference within the meaning of this
section.
171D. Personation at elections .- Whoever at an election applied for a voting
paper or votes in
the name of any other person, whether living
or dead, or in a fictitious name , or who having
voted once at such election applies at the
same election for a voting paper in his own name ,
and whoever abets, procures or attempts to
procure the voting by any person in any such way,
commits the offence or personation at an
election.
171E. Punishment for bribery.- Whoever commits the offence of bribery shall
be punished
with fine ,or with both.
Provided that bribery by treating shall be
punished with fine only.
Explanation .- Treating means that from of bribery where
the gratification consists in
food, drink , entertainment, or provision.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 1 years, or fine
or both or if treating only-Non - Cognizable-
Bailable-Triable by Magistrate of the first
class- Non- compoundable.
171F. Punishment for undue influence or
personatio n at an election.-Whoever commits the offence
of undue influence or personation at an
election shall be punished with imprisonment of either
description for a term which may extend to one
year or with fine, or with both.
CLASSIFICATION OF OFFENCE
Bailable-Triable by Magistrate of the first
class- Non- compoundable.
Bailable-Triable by Magistrate of
the first class- Non- compoundable.
171G. False stat ement in connection with
an election.- Whoever with intent to
affect the
result of an election makes or publishes any
statement purporting to be a statement of fact
which is false and which he either knows or
believes to be false or does not believe to be true ,
in relation to the personal character or
conduct of any candidate shall be punished with fine.
CLASSIFICATION OF OFFENCE
Punishment-Fine Non- Cognizable-
Bailable-Triable by Magistrate of the first class- Noncompoundable.
171 H. False statement in connect ion
with an election.- Whoever with intent to
affect the
result of an election makes or publishes any
statement of fact which is false and which he either
knows or believes to be false or does not
believe to be true , in relation to the personal character
or conduct of any candidate shall be punished
with fine.
CLASSIFICATION OF OFFENCE
Punishment-Fine Non- Cognizable-
Bailable-Triable by Magistrate of the first class- Noncompoundable.
171H. Illegal payments in connection with
an election.- Whoever without the
general or
special authority in wr iting of a candidate
incurs or authorizes expenses on account of the
holding of any pubic meeting , or upon any
advertisement, circular or publication , or in any
other way whatsoever for the purpose of
promoting or procuring the election of such candidate
, shall be punished with fine which may extend
to five hundred rupees:
Provided that if any persons having incurred
any such expenses not exceeding the
amount of ten rupees without authority obtains
within ten days from the date on which such
expenses were incurred the approval in writing
of the candidate.
CLASSIFICATION OF OFFENCE
Punishment-Fine of 500 rupees Non- Cognizable-
Bailable-Triable by Magistrate of the first
class- Non- compoundable.
171I. Failure to keep election accounts.-
Whoever being required by
any law for the time
being in force or any rule having the force of
law to keep accounts of expenses incur red at or in
connection which an election fails to keep
such accounts shall be punished with fie which may
extend to five hundred rupees.]
CLASSIFICATION OF OFFENCE
Punishment-Fine 500 rupees- Non- Cognizable-
Bailable-Triable by Magistrate of the first class-
Non- compoundable.
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF
PUBLIC SERVANTS
172. Absconding to avoid service of
summons or other proceeding.- Whoever absconds in
order to avoid being served with a summons,
notice or order , proceeding from any public
servant legally competent, as such public
servant, to issue such summons, notice or order, shall
be punished with simple impr isonment for a
term which may extend to one month , or with
fine which may extend to five hundred rupees,
or with both;
or, if the summons or notice or order is to
attend in person or by agent , or to 1[produce
a document or an electronic record in a Court
of justice], with simple impr isonment for a term
which may extend to six months , or with fine
which may extend to one thousand rupees, or
with both.
CLASSIFICATION OF OFFENCE
Cognizable-Bailable-Triable by any Magistrate -
Non- compoundable.
Non -cognizable- Bailable- Triable by any
Magistrate - Non- compoundable.
173. Preventing service of summons of
summons or other proceeding or preventing
publication thereof .- Whoever in any manner intentionally pr events
the serving on himself, or
on any other person, or any summons, notice or
order, proceeding from any public ser vant
legally competent , as such public ser vant ,
to issue such summons , notice or order,
or intentionally prevents the lawful affixing
to any place such summons , notice or order,
or intentionally removes any such summons,
notice or order from any place to which it is
lawfully affixed,
or intentionally prevents the lawful making of
any proclamation, under the authority of
any public servant leally competent, as such
public servant , to direct such proclamation to be
made.
Shall be punished with simple imprisonment for
a term which may extend to one
month , or with fine which may extend to five
hundred rupees, or with fine which may extend
to five hundred rupees , or with both;
Or , if the summons, notice, order or
proclamation is to be produced or delivered up to a
Court of justice , with simple impr isonment
for a ter m which may extend to six months, or with
fine which may extend to one thousand rupees ,
or with both.
CLASSIFICATION OF OFENCE
Non- cognizable –Bailable- Triable by and Magistrate
–Non- compoundable.
Non- cognizable –Bailable- Triable by and
Magistrate –Non- compoundable.
174. Non-at tendance in obedience to an
order from public servant.- Whoever, being
legally bound to attend in person or by an
agent at a certain place and time in obedience to a
summons, notice, order or proclamation
proceeding from any public ser vant legally competent,
as such public servant, to issue the same,
intentionally omits to attend at that place of
time , or departs from the place where he is
bound to attend before the time at which it is
lawful for him to depart.
Shall be punished 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.
Or, if summons, notice, order or proclamation
is to attend in person or by agent in a
Court of Justice, with simple imprisonment for
a term which may extend to six months, or with
fine which may extend to one thousand r upees,
or with both,
Illust rations
(a) A, being legally bound to appear before
the [High Court at
obedience to a subpoena issuing from that
Court, intentionally omits to appear .
A has committed the offence defined in this
section.
(b) A, being legally bound to appear before a 3 [District judge], as a
witness , in
obedience to a summons issued by that 3 [District judge]
intentionally omits to
appear. A has committed the offence defined in
this section.
_______________________________________________________________
1. 1. Subs. by the information Technology Act
2000,sec. 91 and Sch. I, for produce a document in a court of justice
2. 2. Subs. by the A.O 1950, for Supreme Court
.
3. Subs. by the A.O. 1950, for Zila judge .
CLASSIFICATION OF OFENCE
Non- cognizable –Bailable- Triable by and
Magistrate –Non- compoundable.
both-Non- cognizable –Bailable-Tr iable by and
Magistrate –Non- compoundable.
175. Omission to produce to public
servant by person legally bound to produce it.- Whoever,
being legally bound to produce or deliver up
any 1 [document or electronic record] of any
public servant,as such, intentionally omits so
to produce or deliver up the same, shall be
punished 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,
or , if [document or electronic record] is to
be produced or delivered up to a cour1 t
justice, with simple imprisonment for a term
which may extend to six months, or with fine
which may extend to one thousand rupees, or
with both.
Illust ration
A, being legally bound to produce a document
before a 2 [District Court], intentionally
omits to produce the same. A has committed the
offence defined in this section.
CLASSIFICATION OF OFENCE
–Bailable-Triable by and Magistrate –Non-
compoundable.
_______________________________________________________________
1. 1. Subs. by the information Technology Act
2000,sec. 91 and Sch. I, for document .
2. 2. Subs. by the A.O 1950, for
3. 3. Subs. by the A.O. 22 of 1939,sec.2.
both-Non- cognizable –Bailable-Tr iable by and
Magistrate –Non- compoundable.
177. Furnishing false information.- Whoever, being legally bound to furnish
information on
any subject to any public servant , as
furnishes, as true, infor mation on the subject which he
knows or has reason to believe to be false,
shall be punished with simple impr isonment for a
term which may extend to six months ,or with
fine which may extend to one thousand rupees,
or with both.
Or, if the information, which of the
commission of an offence, or is requir ed for the
purpose of preventing the commission of an
offence, or in order to the apprehension of an
offender , with impr isonment of either
description for a term which may extend to two years, or
with fine, or with both.
Illustrations
(a) A, a landholder, knowing of the commission
of a murder within the limits of his
estate, willfully misinforms the magistrate of
the district that the death has
occurred by accident in consequence of the
bite of a snake. A is guilty of the
offence defined in this section.
(b) A, a village watchman , knowing that a
consider able body of strangers has passed
through his village in order to commit a
dacoity in the house of Z, a wealthy merchant residing
in a neighbour ing place, and being bound
under clause , 5 section VII, [Regulation II I, 1821]1 ,
of the Bengal Code, to give ear ly and
punctual information of the above fact to the officer of the
nearest police station , willfully misinforms
the police officer that a body of suspicious
character passed through the village with a
view to commit dacoity in a cer tain distant place in
a different direction. Here A is guilty of the
offence defined in the later part of this section.
_____________________________________________________
1. Rep . by Act 17 of 1862.
2 [
committed at any act committed at any place
out of 3 [
would be punished under any of the following
sections, namely , 302, 304, 382, 392, 393, 394,
395, 396, 397, 398, 399, 42, 435, 436, 449,
450, 457, 458, 459,and 460; and the word offender
includes any person who is alleged to have
been guilty of any such act.]
CLASSIFICATION OF OFENCE
–Bailable-Triable by and Magistrate –Non-
compoundable.
–Bailable-Triable by and Magistrate –Non-
compoundable.
178. Refusing oat h or affirmation when
duly required by public servant to make it.-
Whoever refuses to bind himself by an oath 1 [or affirmation] to state
the truth, when required
so to bind himself by a public ser vant
legally competent to require that he shall so bind
himself by a public servant legally competent
to require that he shall so bind himself , shall be
punished with fine which may extend to one
thousand rupees , or with both.
Punishment- Simple imprisonment for 6 month,
or fine of 1,000 rupees, or both-Noncognizable
–Bailable-Triable by the court in which the
offence is committed, subject to the
provisions of Chapter XXVI; if not commited in
a court, any Magistrate –Non- compoundable.
_________________________________________________________
2. Added by Act 3 of 1894.
3. The words
and Sch. to read as above.
179. Refusing to answer public servant
aut horised to question.- Whoever
, being legally
bound to state the truth on any public ser
vant, refuses to answer any estion demanded of him
touching that subject by such public ser vant in
the exercise of the legal powers of such public
servant , shall be punished with simple impr
isonment for a term which may extend to six
months , or with fine which may extend to one
thousand rupees, or with both.
CLASSIFICATION OF OFENCE
Punishment- Simple imprisonment for 6 month,
or fine of 1,000 rupees, or both-Noncognizable
–Bailable-Triable by the court in which the
offence is committed, subject to the
provisions of Chapter XXVI; if not commited in
a court, any Magistrate –Non- compoundable.
180. Refusing to sign statement.-Whoever refuse to sign any statement made by
him, when required
to sign that statement by a public servant
legally competent to require that he shall sign that
statement , shall be punished with simple
imprisonment for a term which may extend to three
months, or with fine which may extend to five
hundred rupees, or with both.
CLASSIFICATIOOFN OFENCE
Punishment- Simple imprisonment for 3 month,
or fine of 500 rupees, or both-Noncognizable
–Bailable-Triable by the court in which the
offence is committed, subject to the
provisions of Chapter XXVI; if not commited in
a court, any Magistrate –Non- compoundable.
181. False statement on or af firmation
to public servant or person authorised to administer
an oath or affirmation.- Whoever, being legally bound by an oath 1[or
affirmation] to state the
truth on any subject to any public servant or
other servant or other person as aforesaid, touching
the subject, any believe to be true , shall be
punished with imprisonment of either des cription
for a term which may extend to there years,
and also be liable to fine.
___________________________________________________
1. 1. Ins. by Act 10 of 1873,sec. 15.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 3 years and fine
-Non- cognizable –Bailable-Tr iable by
and Magistrate –Non- compoundable.
2[ 182. False information, with intent to
cause public servant t o use his lawful power to the
injury of another person.- Whoever gives to any public servant any infor
mation which e snows
or believes to be false, intending thereby to
cause, or knowing it to be likely that he will
thereby cause , such public servant-
(a) to do or omit anything which such public
ser vant ought not to do or omit of the
true state of facts respecting which such
information is given were known by
him, or
(b) to use the lawful power of such public ser
vant to the injur y or annoyance of any
person,
shall be punished with imprisonment of either
description for a term which may extend to
six month , or with fine which may extend to
one thousand r upees , or with both.
Illustrat ions
(a) A informs a Magistrate that Z, a police-
officer , subordinate to such Magistrate
has been guilty of neglect of duty or
misconduct, knowing such information to
be false, and knowing it to be likely that
information will cause the Magistrate to
dismiss Z. A has committed the offence defined
in this section.
____________________________________________________
2. Subs. by Act 3 of 1895,sec. 1, for the
original section
(b) A falsely informs a public servant that Z
has contraband salt in a secret place
knowing such information to be false, and
knowing that it is likely that the
consequence of the infor mation will be a sear
ch of Z‘s premises, attended with
annoyance to Z. A has committed the offence
defined in this section.
(c) A falsely informs a policeman that he has
been assaulted and robbed in the
neighborhood of a particular village. He does
not mention the mane of any person as
one of his assistants, but knows it to be
likely that in consequence of this information
the police will made enquiries and institute
searches in the village to the annoyance of
the villages or some of them. A has committed
an offence under this section.]
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 6 month, or fine
of 1,000 rupees, or both-Non- cognizable –Bailable-
Triable by and Magistrate –Non- compoundable.
183. Resistance to the taking of property
by the lawful authority of a public servant.-
Whoever intentionally obstructs any sale of
property offered for sale by the lawful author ity of
any public servant ,as such , shall be
punished with imprisonment of either description for a
term which may extend to one month, or with
fine which may extend to five hundred rupees , or
with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 1month, or fine
of 500 rupees, or both-Non- cognizable –
Bailable-Triable by and Magistrate –Non-
compoundable.
185. Illegal purchase or bid for property
offered for sale by authority of public servant. .W - hoever, at
any sale of property held by the lawful
authority of a public servant, as such, purchases or bids for any
property on account of any person, whether
himself or any other , whom he knows to be under a legal
incapacity to purchase that property at that
sale, or bids for such property not intending to perform the
obligations under which he lays himself by
such bidding , shall be punished with imprisonment of
either description for a term which may extend
to one month, or with which may extend to two
hundred rupees, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 month, or fine
of 200 rupees, or both-Non- cognizable –
Bailable-Triable by and Magistrate –Non-
compoundable.
186. Obstructing public servant in
discharge functionsWh.oever voluntarily obstructs any public
servant in the discharge of his public
functions, shall be punished with imprisonment for a term which
may extend to one month, or with fine which
may extend to two hundred rupees, or with both;
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3month, or fine
of 500 rupees, or both-Non- cognizable –Bailable-Triable
by and Magistrate –Non- compoundable
187. Omission to assist public servant
when bound by law to give assistance.-Whoever, being bound
by law to render or furnish assistance to ant
public servant in the execution of his public duty,
intentionally omits to give such assistance,
shall be punished with simple imprisonment for a term
which may extend to one month, or with fine
which m ay extend to two hundred rupees, or with both;
and if such assistance be demanded of him by a
public servant legally competent to make such
demand for the purposes of executing any
process lawfully issued by a Court of justice , or of
apprehending a person charged with or guilty
of an offence, or of hav ing escaped from lawful
custody, shall be punished with simple
imprisonment for a term which may extend to six months , or
with fine which may extend to five hundred
rupees, or with both .
CLASSIFICATION OF OFENCE
Non- cognizable –Bailable- Triable by and
Magistrate –Non- compoundable.
–Bailable-Triable by and Magistrate –Non- compoundable.
188. Disobedience to order duly
promulgated by public servant.-Whoever, knowing that , by an order
promulgated by an order promulgated by a
public servant lawfully whoever , knowing that, by an order
promulgated by a public servant lawfully empowered
to promulgate such order, he is directed to
abstain from a certain act, or to take certain
order w ith certain property i n his possession or under his
management, disobeys such direction,
shall, if such disobedience cause to tender to
cause obstruction, annoyance or injury, or risk or
obstruction, annoyance or injury, to any
person lawfully employed, be punished with simple
imprisonment for a term which may extend to
one month or with fine which may extend to one
month or with fine which may extend to two
hundred rupees, or with both;
and if such disobedience cause or trends to
cause dangers to human life, health or safety, or
cause or tends to cause a riot or affray,
shall be punished with imprisonment of either description for
a term which may extend to six months, or with
fine which may extend to one thousand rupees, or
with both.
Explanation .- It is not necessary that the offender
should intend to produce harm, or
contemplate his disobedience as likely to
produce harm. It is sufficient that he knows of the order
which he disobeys, and that his disobedience
produces, or is likely to produce,
Illustration
An order is promulgated by a public servant
lawfully empowered to promulgate such order,
directing that a religious procession shall
not pall down a certain street. A knowingly disobeys the order
, and thereby causes danger or riot . A has
committed the offence defined in this section.
CLASSIFICATION OF OFENCE
Non- cognizable –Bailable- Triable by and
Magistrate –Non- compoundable.
–Bailable-Triable by and Magistrate –Non-
compoundable.
189. Threat of injury to public servant.-Whoever holds out any threat of injury to any
public servant ,
or to any person in whom he believes that
public servant to be interested, for the purpose of inducing
that exercise of the public factions of such
public servant , shall be punished with imprisonment of
either description for a term which may extend
to two year, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or
fine,or of 200 rupees, or both-Non- cognizable
–Bailable-Triable by and Magistrate –Non- compoundable.
STATE AMENDMENTS
Andhra Pradesh:
In Andhra Pradesh offence under section 198 is
cognizable.
[Vide A.P.G.O MS.No 732, dated 15-12-1991].
190. Threat of injury to induce person to
refrain from applying for protection to public
servant.- Whoever holds out any threat of injur y to any
person for the purpose of inducing that
person to r efr ain or desist from making a
legal application for protection against any injury to
any public servant legally empowered as such
to give such protection , or to cur se such
protection to be given, shall be punished with
impr isonment of either description for a term
which may extend to one, or with fine, or with
both, of either descr iption for a term which may
extend to one year, or with fine, or with
both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for1 years, or fine,
or both- Non- cognizable –Bailable-
Tr iable by and Magistrate –Non- compoundable.
CHAPTER XI
OF FALSE EVISENCE AND OFFENCES AGAINST
PUBLIC JUSTICE
191. Giving false evidence.- Whoever, being legally bound by an oath or by
an express
provision of law to state the truth, or being
bound by law to make a declaration upon any
subject, makes any statement which is false,
and which he either knows or believes to be false
or does not believe to be true, is said to
give false evidence.
Explanation1 . – A statement is within the meaning of this
section, whether it is made
verbally or otherwise.
Explantaion 2 . – A false statement as to the belief of the
person attesting is within the
meaning of this section, and a person may be
guilty of giving false evidence by stating that he
believe a thing which he does not believe, as
well as by stating that he knows a thing which he
does not know.
Illustrations
(a) A, in support of a just claim which B has
against Z for one thousand rupees ,
falsely swear on a trail that he heard Z admit
the justice of B‘s claim. A has
given false evidence.
(b) A, being bound by an oath to state that he
believes a certain signature to be the
handwriting of Z, when he does not believe it
to be the handwr iting of Z Here
A state that which he knows to be false, and
therefore gives false evidence.
(c) A, knowing the general character of Z‘s
handwriting, states that he believes a
certain signature to be the handwriting of Z;
A in good faith believing it to be
so. Here A‘s statements is merely as to his
belief it to be so. Here A‘s
statement is merely as to his belief, and is
true as to his belief , and therefore,
although the signature may not be the handwr
iting of Z,A has not given false
evidence.
(d) A, being bound by an oath to state the tr
uth , state that he knows that Z was at a
particular place on a particular day, not
knowing anything upon the subject. A
gives false evidence whether Z was at the
place on the day named or not.
(e) A, an interpreter or translator, gives or
certifies as a true interpretation or
translation of a statement of document which
he is bound by oath to interpr et
or translate truly, that which is not and
which he dies not believe to be a true
interpretation or translation. A has
given false evidence.
COMMENTS
Giving false information to process recover
that he had not heard about notices for last two
years and his whereabouts are not known is not
a certificate and his whereabouts are not known is not
a certificate and therefore section 191 to 199
of Code are not attracted; D. jothi v. K.P Kandagamy; 2000
Cr LJ 292 (Mad).
192. Fabricating false evidence -Whoever causes any circumstance to exist or [
makes any false entr1 y
in any book or record, or electronic record or
makes any document or electronic record containing a
false statement], intending that such
circumstance, false entry or false statement may appear in
evidence in a judicial proceeding , or in a
proceeding taken by law before a public servant as such , or
before an arbitrator, and that such
circumstance , false entry or false statement , so appearing in
evidence, may cause any person who in such
proceeding is to form an opinion up on the evidence ,to
entertain an erroneous opinion touching any
point material to the result of such proceeding is to
form an opinion upon the evidence, to
entertain an erroneous opinion touching any point material to
the result or such proceeding is said” to
fabricate false evidence”
(a) A, puts jewels into a box belonging to Z,
with the intention that they may be found in
that box, and that this circumstance may cause
Z to be convicted of thdft, A has
fabricated false evidence false evidence.
(b) A makes a false entry in his shop-book for
the purpose of using it as corroborative
evidence in a Court of justice. A has
fabricated false evidence.
(c) A, with the intention of causing Z to be
convicted of a criminal conspiracy, writes a
letter in imitation of Z’s handwriting
purporting to be addressed to an accomplice in
such criminal conspiracy , and puts the letter
in a place which he knows that the officers
of the police are likely to search. A has
fabricated false evidence.
193. Punishment for false evidence.W - hoever intentionally
gives false evidence in any stage of a
judicial proceeding, or fabricates false
evidence for the purpose of being used in any stage of a judicial
proceeding , shall be punished with
imprisonment of either description for a term which may extend
to seven years, and shall also be liable to
fine.
And whoever intentionally grieves or
fabricates false evidence in any other case, shall be
punished with imprisonment of either
description for a term which may extend to three years, and
shall also be liable to fine.
1. Subs. by the Information Technology Act,
2000, sec. 91 and Sch. I , for certain words.
Illustrations
A, in an enquiry before a Magistrate for the
purpose of ascertaining whether Z out to be
committed for trial, makes on oath a statement
which he knows to be false. As this enquiry is a stage
of a judicial p0roceeding, A has gives false
evidence.
Explanation 3. – An investigation directed by a Court of
Justice according to law, and
conducted under the authority of a Court of
justice, is a stage of a judicial proceeding, though that
investigation may not take place before a
Court of Justice.
Illust rations
A, in any enquiry before an officer deputed by
a Court of Justice to ascertains on the spot the
boundaries of land, makes on oath a statement
which he knows to be false, As this enquiry is a stage of
a judicial proceeding. A has given false
evidence.
CLASSIFICATION OF OFENCE
Tr iable by and Magistrate of the first class
–Non- compoundable.
Tr iable by and Magistrate.
194. Giving or fabricating false evidence
with intent to procure conviction of capital offence. -
Whoever gives or fabricates false evidence,
intending thereby to cause, or knowing it to be likely that
he will thereby cause, any person to be
convicted of an offence which is capital 1[by the law for the time
being in force in 2[
imprisonment for a term which may extend to
ten years, and shall also be liable to fine;
if innocent person be thereby convicted
and executed.-and if innocent person be
convicted and
executed in consequence of such false
evidence, the person who gives such false evidence shall be
punished either with death or the punishment
hereinbefore described.
CLASSIFICATION OF OFENCE
fine -Non- cognizable –Bailable-Triable by
Court of Session –Non- compoundable.
Court of Session- Non- compoundable.
195. Giving or fabricating false evidence
with intent to procure convict ion of offence
punishable with imprisonment for life or
imprisonment.- Whoever gives or
fabricates false
evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any
person to be convicted of an offence which [by
the law for the time being in force in [
is not capital, but punishable with 3[impr
isonment for life], or imprisonment for a term of seven
years or upwar ds, shall be punished as a
person convicted of that offence would be liable to be
punished.
Illust ration
A gives false evidence before a Court of
Justice, intending thereby to cause Z to be
convicted of a dacoity. The Punishment of
dacoity is 3[ impr isonment for life], or imprisonment
for a term which may extend to ten year s,
with or without fine. A, therefor e , is liable to
4[impr isonment for life] or imprisonment,
with or without fine.
1. 1. Subs. by the A.O. 1948, for by the law
of British India or
2. 2. Subs. by Act 3 of 1951, sec, 3 and Sch
., for the States .
3. 3. Subs. by Act 26 of 1955, sec 117 and
Sch., for transportation for life (w.e.r.1-1-1956)
4. 4. Subs. by Act 26 of 1955, sec 117 and
Sch., for suah transportation (w.e.r.1-1-1956)
CLASSIFICATION OF OFFENCE
Punishment –The same as for the offence – Non-
cognizable – Non – bailable-Triable by Court of
Session- Non- compoundable.
197. Issuing or singing false
certificate. . W- hoever issues or sings any certificate required by law to be
given or signed, or relating to any fact of
which such certificate is by law admissible in admissible in
evidence, knowing or believing that such
certificate is false in any material point , shall be punished in
the same manner as if he gave false ev idence.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or
fabricating false ev idence– Non- cognizable – Non –
Bailable-Triable by Court by which offence of
giving false evidence is triable- Non- compoundable.
198. Using as true a certificate known to
be false. -Whoever corruptly uses or
attempts to use any such
certificate as a true certificate, knowing the
same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or
fabricating false ev idence– Non- cognizable – Non –
Bailable-Triable by Court by which offence of
giving false evidence is triable- Non- compoundable.
199. False statement made in declaration
which is by law receivable as evidence.- Whoever, in any
declaration made or subscribed by him, which
declaration any Court of justice, or any public servant or
other person, is bound or authorized by law to
receive as evidence of any fact, makes any statement
which is false, and which he either knows or
believes to be false or dies not believe to be true ,
touching any point material to the object for
which the declaration is made or used, shall be punished
in the same manner as if he gave false
evidence.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or
fabricating false ev idence– Non- cognizable – Non –
Bailable-Triable by Court by which offence of
giving false evidence is triable- Non- compoundable.
COMMENTS
No specific aver ment in the complaint that
certain aver ments in the affidavit before Rent
Control Officer ar e false complaint cannot be
held as maintainable; Chandrpal Singh v. Maharaj
Singh, AIR 1982 SC 1236.
200. Using as true such declaraction
knowing it to be false.- Whoever
corruptly uses or attempts to
use as true any such declaration, knowing the
same to be false in any material point, shall be punished
in the same manner as if he gave false
evidence.
Explanation.- A declaration which is
inadmissible merely upon the ground of some informality,
is a declaration within the meaning of
sections 199 to 200.
CLASSIFICATION OF OFFENCE
Punishment –The same as for the giving or
fabricating false evidence– Non- cognizable – Non –
Bailable-Triable by Court by which offence of
giving false evidence is triable- Non- compoundable.
201. Causing disappearance of evidence of
offence, or giving false information to screen offender. -
Whoever, knowing or having reason to believe
that an offence has been committed , cause any
evidence of the commission of that offence to
disappear, with the intention of screening the offender
from legal punishment, or with that intention
gives any information respecting the offence which he
knows or believe to be false;
if a capital offence.- shall , if the offence which he knows or
believes to have been committed
is punishable with death, be punished with
imprisonment of either description for a term which may
extend to seven years, and shall also be
liable to fine.
if punishable with imprisonment for
life.-and if offence is
punishable with [imprisonme1 nt
for life], or with imprisonment which may
extend to ten years, shall be punished with imprisonment of
either description for a term which my extend
to three years, shall also be liable to fine;
if punishable with less than ten years’
imprisonment.- and if the offence is
punishable with
imprisonment for any term not extending to ten
years, shall be punished with imprisonment of the
description provided for the offence, for a
term which may extend to one-forth part of the longest
term of the imprisonment provided for the
offence, or with fine, or with both.
1. Subs. by ct 26 of 1955 sec 117 and Sch for
“transportation for life” (w e f 1-1-1956)
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 6 months, or fine,
or both-Non- cognizable –Bailable-
Tr iable by and Magistrate –Non- compoundable.
COMMENTS
Assuming that the prosecution has positively
proved that the death was homicidal yet from the
medical evidence it is clear that it was not a
natural death and consequently the death should at least
be not as one of suicide. Even in the cause of
suicide an offence of abetment punishable under section
306 is inherent. Therefore, even in the case
of suicide there is an obligation on the person who knows
or has reason to believe that such a suicidal
death has occurred, to give information; Bhagwan Swarup
v. State of
203. Giving false information respecting
an offence committed. -Whoever
knowing or having reason
to believe that an offence has been committed,
gives any information respecting that offence which
he knows or believes to false, shall be
punished with imprisonment of either description for a term
which may extend to two years, or with fine,
or with both.
[Explanation.- In sections 201 and202 and in
this section the word “ offence” includes any 1 y act
committed at any place out of 2 [
the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436,
449, 450, 457, 458, 459 and 460.
_______________________________________________________________
1. 1. Added by Act 3 1894, sec.6.
2. 2. The words
Act 3 of 1951,sec.3 and Sch. to read as above.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both- Non- cognizable –Bailable-
Tr iable by and Magistrate –Non- compoundable.
204. Destruction of document to prevent
its production as evidence.- Whoever secretes or destroys
any 3[document or electronic record] which he
may be lawfully compelled to produce as evidence in a
Court of Justice, or in any proceeding lawfully
held before a public servant, as such, or obligates or
renders illegible the whole or any part of
such [document or electronic record] with the intention 3 of
prevention the same from being produced or
used as evidence before such Court or public servant as
aforesaid, or after he shall have been
lawfully summoned or required to produce the same for that
purpose, shall be punished with imprisonment
of either description for a term which may extend to
two years, or with fine, or with both.
, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 3 years, or fine,
or both-Non- cognizable –Bailable-Triable
by and Magistrate of the first class –Non-
compoundable.
206. Fraudulent removal or concealment of
propert y to prevent its seizure as forfeited or
in exaction.- Whoever fraudulently removes, conceals, tr
ansfers or deliver s to any person any
property or any interest therein, intending
thereby to prevent that property or interest therein
from being taken as forfeiture or in
satisfaction of a fine, under a sentence which has been
pronounced, or which he knows to be likely to
be pronounced, by a Court of justice or other
competent authority, or from being taken in
execution of a decree or order which has been
made, or which he knows to be likely to be
made by a Court of justice in a civil suit, shall be
punished with imprisonment of either descr
iption for a term which may extend to two years, or
with fine, or with both.
________________________________________________________
3. Subs by the Information and Technology ct 2000 sec 91 and Sch I
for”document”
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –Bailable-Triable
by and Magistrate of the fir st class –Non-
compoundable.
207. Fraudulent claim to property to
prevent its seizure its seizure as forfeited or in execution. -
Whoever fraudulently accepts, receives or
claim any property or any interest therein , knowing that he
has no right or rightful claim to such
property or interest, or practices any deception touching any right
to any property or any interest therein,
intending thereby to prevent that property or interest therein
from being taken as a forfeiture or in
satisfaction of a fine, under a sentence which has been
pronounced ,or which he knows to be likely to
be made by a Court of Justice in a civil suit, shall be
punished with imprisonment of either
description for a term which may extend to two years, or with
fine, or with both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
208. Fraudulently suffering decree for
sum not due.Whoever fraudulently
causes or suffers a decree or
order to be passed against him at the suit of
any person for any interest in property to which such
person is not entitled, or fraudulently causes
or suffers a decree or order to be executed against him
after it has been satisfied, or for anything
in respect of which it has been satisfied, shall be punished
with imprisonment of either description for a
term which may extend to two years, or with both.
Illust ration
A institutes a suit against Z.Z knowing that A
is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a
larger amount at the suit of B, who has no just claim against
him, in order that B, either on his own
account or for the benefit of Z, may share in the proceeds of any
sale of Z’s property which may be made under
’s decree Z has committed an offence under this
section.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
209. Dishonesty making false claim in
Court.W- hoever fraudulently or dishonestly, or with intent to
injure or annoy any person, makes in a Court
of justice any claim which he knows to be false, shall be
punished with imprisonment of either
description for a term which may extend to two years, and shall
also be liable to fine.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
210. Fraudulently obtaining decree for
sum not dueW.-hoever fraudulently obtains a f\decree or
order against any person for a sum not due or
for a larger sum than is due, or for any property or
interest in property to which he is not
entitled, or fraudulently causes a decree or order to be executed
against any person after it has been satisfied
for any thing in respect of which it has been satisfied, or
fraudulently surfers or permits any such act
to be done in his name, shall be punished with
imprisonment of either description for a term
which may extend to two years, or with fine, or with
both.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
211. False charge of offence made with
intent to injure.-Whoever, with intent to
cause injury to any
person, institutes or causes to be instituted
any criminal p0roceeding against that person, or falsely
charge any person with having committed an
offence, against that person, or falsely charges any
person with having committed an offence,
knowing that there is no just or lawful ground for such
proceeding or charge against that person,
shall be punished with imprisonment with imprisonment of
either description for a term which may extend
to seven years, and shall also be punished with
imprisonment of either description for a term
which may extend to seven years, and shall also be
liable to fine.
CLASSIFICATION OF OFENCE
Tr iable by and Magistrate of the first class
–Non- compoundable.
Tr iable by and Magistrate of the first class
–Non- compoundable
Court of session –Non- compoundable.
212. Harbouring offender.-Whenever an offence has been committed,
whoever harbors or conceals a
person whom he knows or has reason to believe
to be teh offender, with the intention of screening him
from legal punishment ;
if a capital offence.- shall, if the offence is punished with death,
be punished with
imprisonment of either description for a term
which may extend to five year, and shall also be liable to
fine;
if punishable with imprisonment for life,
or with imprisonment. - and if
the offence is
punishable with [imprisonment for life], or
with imprisonment which may extend to ten years, shall 1 be
punished with imprisonment of either
description for a term which may extend to three years, and
shall also be liable to fine;
and if the offence is punishable with
imprisonment with imprisonment of the description
provided for the offence for a term which may
extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with
both.
2*“Offence” in this
section includes any act committed at any place out of 3 [
committed in 3[
392, 393, 394, 395, 396, 397, 398, 399, 402,
435, 436, 449, 450, 457, 458, 459and460; and ev ery such
act shall, for the purposes of this section,
be deemed to be punishable as if the accused person had
been guilty of it in 3 [
Exception.- The provision shall not extend to
any case in which the harbour or concealment is by the
husband or wife of the offender.
_____________________________________________________________
Subs. by Act 26 fo 1955 ,sec. 117 and Sch.,
for transportation for life (w.e.f 1-1-19561. 1. )
2. 2. Ins. by Act 3 of 1894, sec.7.
3. 3. 3.The words
Act 3 of 1951,sec.3 and Sch. to read as above.
Illust ration
A, knowing that B has committed dacoity ,
knowing conceals B in order to screen him for legal
punishment .Here, as B is liable to 1 [imprisonment for life],
A is liable to imprisonment of either
description for a term not exceeding there
years, and is also liable to fine.
CLASSIFICATION OF OFENCE
Tr iable by and Magistrate of the first class
–Non- compoundable.
Tr iable by and Magistrate of the first class
–Non- compoundable
provided for the offence, or fine, or both
-Cognizable –Bailable-Triable by the first class–Noncompoundable.
COMMENTS
To attr act the provision of section 212 it is
necessar y to establish commission of offence,
harboring or concealing the person known or
believe to be the offender and such concealment
must be with the intention of screening him
form legal punishment; Sanjeev Kumar v. State of
Himachal Pradesh,1999 AIR (SC) 782: 1994
(2)SCC 288: 1999 (1) JT 116.
213. Taking gift, etc., to screen an
offender from punishment .- Whoever accepts or attempts
to obtain, or agrees to accept, any
gratification for himself or any other person, or any
restitution of property to himself or any
other person , in consideration of his concealing an
offence or of his screening any person for the
purpose of br inging him to legal punishment,
if a capital offence.- shall , if the offence is punishable with
imprisonment of either
description for a term which may extend to
seven years, and shall also be liable to fine;
_______________________________________________________________
1. 1. Subs. by Act 26 of 1955, sec. 117 and
Sch, for transportation for life (w.e.f.1-1-1956)
if punishment with imprisonment for life,
or with imprisonment.- and if
the offence
is punishable with 1[imprisonment for life],
or with impr isonment which may extend to three
years, and shall also be liable to fine;
and if the offence is punishable with1[imprisonment
not extending to ten], or with years,
shall be punished with imprisonment of the
description provided for the offence for a term
which may extend to one-forth part of the
longest term of impr isonment provided for the
offence, or with fine, or with both.
CLASSIFICATION OF OFENCE
Tr iable by and Magistrate of the first class
–Non- compoundable.
Tr iable by and Magistrate of the first class
–Non- compoundable
offence, or fine, or both -Cognizable
–Bailable-Triable by the first class–Non- compoundable.
214. Offering gift or restoration of
property in consideration of screening offender.-Whoever gives or
cause , or offers or agrees to give or cause,
any gratification to any person, or [restores or causes 1 the
restoration of] any property to any person in
consideration of that parson’s concealing an offence or
of his screening any person from legal
punishment for any offence, or of his not proceeding against any
person for the purpose of bringing him to
legal punishment;
if a capital offence. – shall, if the offence is punishable with death
be punished with
imprisonment of either description for a term
which may extend to seven years, and shall also be liable
to fine;
if punishable with imprisonment for life,
or with imprisonment. -and if
the offence is
punishable with [imprisonment for life], or
with imprisonment which ma2 y
_______________________________________________________________
1. Subs by ct 42 of 1953 sec 4 and Sch IIIfor
“to restore or cause the restoration”
2. Subs. by Act 26 of 1955 sec 117 and Sch for
“transporation for life”(w e f 1-1-1956)
extend to ten years, shall be punished with
imprisonment of either descr iption for a term which
may extend to three years, and also be liable
to fine;
and if the offence is punishable with
imprisonment not extending to ten years, shall be punished
with imprisonment of the description provided
for the offence for a term which may extend to oneforth
part of the longest term of imprisonment
provided for the offence, or with fine , or with both.
3 [Exception .- The
provisions of sections 213 and 214 do not extend to any case in which the
offence may lawfully be compounded.]
4 [***]
CLASSIFICATION OF OFENCE
Tr iable by and Magistrate of the first class
–Non- compoundable.
Para II: Punishment -Imprisonment for 3 year and fine -
Non- cognizable –Bailable-
Tr iable by and Magistrate of the first class
–Non- compoundable
Para III :Punishment -Imprisonment for a quarter of the
longest term, and of the description,
provided for the offence, or fine, or both
-Cognizable –Bailable-Triable by the first class–Noncompoundable.
– Whoever takes or agrees or consents to 215. Taking gift to help to recover
stolen property, etc. take
any gratification under pretence or on account
of helping any person to recover any movable property
of which he shall have been deprived by any
offence punishable under this Code, shall, unless he uses
all means in his power to cause the punishable
under this Code, shall, unless he uses all means in his
power to cause the offender to b apprehended
and convicted of the offence, be punished with
imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
3. 3. Subs. by Act 8 of 1882,sec.6, for the
original Exception.
4. 4. Illustration rep. by Act 10 of
1882,sec.2 and Sch. I.
CLASSIFICATION OF OFENCE
Punishment-Imprisonment for 2 years, or fine,
or both-Non- cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
216. Harbouring offender who has escaped
from custody or whose apprehension has been
ordered.- Whenever any person convicted of or charged
with an offence, being in lawful
custody for that offence, escapes from such
custody;
or whatever a public servant , in the exercise
of the lawful powers of such public ser vant
, orders a certain person to be apprehended
for apprehension , harbors of conceals that person
which the intention of preventing him from
being apprehended ,shall be punished in the
manner following that is to say:-
if a capital offence.- if the offence for which the person was in
custody or is ordered to
be appr ehended is punishable with death, he
shall be punished with impr isonment of either
description for a either description for a
term which may extend to three years, with or without
fine;
if punishable with imprisonment for life,
or with imprisonment.- if the
offence is
punishable with 1[imprisonment for life], or
impr isonment for ten year s, he shall be punished
with imprisonment of either description for a
term which may extend to three years, with or
without fine;
and if the offence is punishable with
imprisonment which may extend to one year and
not to ten years, he shall be punishable with
impr isonment of the descr iption provided for the
offender for a term which may extend to
one-forth part of the longest term of the imprisonment
provided for such offence, or with fine, or
with both.
[ Offence in this section includes also any
act or omission of which a person 2 n is
alleged to have been guilty out of 2 [India], which , if he
had been guilty of it in
_______________________________________________________________
1. 1. Subs. by Act 26 of 1955, sec. 117 and
Sch., for transportation for life (w.e.f.1-1-1956).
2. 2. Ins . by Act 10 of 1886,sec. 23
3 [India], would have been
punishable as an offence, and for which he is, under any law
relating to extradition , 4 [***] of otherwise ,
liable to be apprehended or detained in custody in
3 [India] ; and every such
act or omission shall, for the purposes of this section , be deemed to be
punishable as if the accused person had been
guilty of it in 3 [India].]
Exception.- The provision does not extend to
the case in which the harbour or
concealment is by the husband or wife of the
person to be apprehended.
CLASSIFICATION OF OFENCE
Para I :Punishment- Impr isonment for 7 years and
fine- Cognizable –Bailable-Tr iable by
and Magistrate of the first class –Non-
compoundable.
Para II: Punishment -Imprisonment for 3 years with or
without fine -Cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable
Para III :Punishment -Imprisonment for a quarter of the
longest term,provided for the offence,
or fine, or both -Cognizable –Bailable-Triable
by Magistrate of the first class–Non- compoundable.
[216A. Penalty for harbouring robbers or
dacoits.- Whoever, knowing or
having reason t5 o
believe that any persons are about to commit
or have recently committed robbery or dacoity ,
harbours them or any of them, with the
intention of committed robbery or dacoity, har bours
them or any of them , with the intention of
facilitating the commission of such robber y or
dacoity or of screening them or any of them
from punishment, shall be punished with rigorous
imprisonment for a term which may extend to
seven years, and shall also be liable to f ine.
Exception .- For the purposes or this section
it is immaterial whether the robbery or
______________________________________________________________
3. 3. The words British India have
successively been subs. by the A.O. 1948 the A.O. 1950 and Act
3 of 1951,sec.3 and Sch. to read as above.
4. 4. The words or under the Fugitive
Offenders Act, 1881, omitted by Act 3 of 1951, sec.3 and
Such.
5. 5. Ins. by Act 3 of 1894,sec. 8.
Dacoity is intended to be committed, or has
been committed , within or without 1 [India].
Exception. - This provision does not extend to
the case in which the harbour is by the
husband or wife of the offender.]
CLASSIFICATION OF OFFENCE
Punishment –Rigorous imprisonment of 7 years
and fine- Cognizable – Non – Bailable-Triable by
Magistrate of the first class - Non-
compoundable.
2 [216B. Definition of harbour in sections 212,216 and 216A.- [Rep. By the Indian Penal
Code (Amendment ) Act, 1942 ,(8 of 1942), sec.
3.]]
217. Public servant disobeying direction
of law with intent to save person from punishment
or property from forfeiture.- Whoever, being a public servant, knowing
disobeys any direction
of the law as to the way in which he is to
conduct himself as such public servant, intending
thereby to save, or knowing it to be likely
that he will thereby save, any person from legal
punishment , or subject him to a less
punishment than that to which he is liable, or with intent to
save, or subject him to a less likely thereby
to save , any property with impr isonment of either
description for a term which may extend to two
years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 year , or fine
both-Non- cognizable –Bailable-Tr iable by
and Magistrate of the fir st class –Non-
compoundable.
218. Public servant framing incorrect
record or writing with intent to save person from
punishment or property from forfeiture.- Whoever , being a public servant, and being as
such public servant, charged with the
preparation of any record or other wr iting , frames that
record or writing in a manner which he knows
to be incorrect, with intent to cause, or knowing
it to be likely that he will thereby cvause,
loss or injury to the public or to any person, or with
intent thereby to save, or knowing that he is
likely thereby to save , any property from
forfeiture or other charge towhich
_______________________________________________________________
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for transportation
for life (w.e.f.1-1-1956)
it is liable by law, shall be punished with
imprisonment of either descr iption for a
term which may extend to three years, or with
fine or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 3 year s , or fine,
or both-Cognizable –Bailable-Triable by
and Magistrate of the first class –Non-
compoundable.
219. Public servant in judicial
proceeding corruptly making report, etc., contrary to law.-
Whoever, being a public servant , corruptly or
maliciously makes or pronounces in any stage of
a judicial proceeding , any r eport, or der,
verdict, or decision which he knows to be contrary to
law, shall be punished with imprisonment of
either description for a term which may extend to
seven years, or with fine , or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 years , or
fine, or both-Cognizable –Bailable-Triable by
and Magistrate of the first class –Non-
compoundable.
220. Commitment for trial or confinement
by person having authority who knows that he
is acting contrary to law.- Whoever, being in any office which gives him
legal authority to
commit persons for trial or to commitment , or
to keep persons in confinement, corruptly or
maliciously commits any person for trial or to
confinement, or keeps any person in
confinement, in the exercise of that authority
knowing that in so doing he is acting contrary to
law, shall be punished with fine, or with
both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 7 year s , or
fine, or both-Cognizable –Bailable-Triable by
and Magistrate of the first class –Non-
compoundable.
221. Intentional omission to apprehend on
the part of public servant bound to apprehend.-
Whoever, being a public servant, legally bound
as such public servant to apprehend or to keep in
confinement any person charged with or liable
to apprehended for an offence , intentionally
omits to apprehend such person, or
intentionally aids such person in escaping or attempting to
escape from such confinement, shall be
punished as follows, that is to say:-
with imprisonment of either descr iption for a
term which may extend to seven years,
with or without fine, if the person in
confinement, or who ought to have veen apprehended, was
charged with, or liable to be apprehended for
, an offence punishable with death; or
with imprisonment of either descr iption for a
term which may extend to seven years,
with or without fine, if the person in
confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for
, an offence punishable with [ imprisonment 1 for
life] or impr isonment for a term which may
extend to ten years; or
with imprisonment of either descr iption for a
term which may extend to seven years,
with or without fine, if the person in
confinement, or who ought to have been apprehended, was
charged with, or liable to be apprehended for
, an offence punishable with imprisonment for life
for a term less than ten years.
CLASSIFICATION OF OFENCE
Para I :Punishment- Impr isonment for 7 years with or
without fine-According as the
offence in relation to which such omission has
been made in conizable or non- cognizablebailable-
Tr iable by and Magistrate of the first class
–Non- compoundable.
Para II: Punishment -Imprisonment for 3 years with or
without fine -Cognizable –
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
Bailable-Triable by and Magistrate of the
first class –Non- compoundable.
_________________________________________________________
1. Subs. by Act 26 of 1955, sec.117 and Sch., for transportation
for life (w.e.f.1-1-1956)
222. Intentional omission to apprehend on
the part of public servant bound to apprehend
person under sentence or lawfully committed.-
Whoever, being a public
servant, legally
bound as such public servant to apprehend or
to keep in confinement any person under sentence
of a Court of justice for any offence1[or
lawfully committed to custody], intentionally omits to
apprehend such person, or intentionally
suffers such person to escape or intentionally aids such
person, or intentionally suffers such person
to escape or intentionally aids such person, or
intentionally aids such person in escape or
intentionally aids such person in escaping or
attempting to escape from such confinement,
shall be punished as follows, that is to say:-
with [ imprisonment for life] or with
imprisonment of either description for a ter2 m
which may extend to fourteen years, with or
without fine, if the person in confinement, or who
ought to have been apprehended, is under
sentence of death; or
with imprisonment of either descr iption for a
term which may extend to seven years,
with or without fine, if the person in
confinement, or who ought to have been apprehended, is
subject, by a sentence of a Court of justice,
or by vir tue of a commutation of such sentence, to
2[impr isonment for life]
3 [***] 4 [***] 5 [***] 6 [***] or impr isonment
for a term of ten years or upwards; or
with imprisonment of either descr iption for a
term which may extend to three years, or
with fine, or with both , if the person in
confinement, or who ought to have been apprehended is
subject, by a sentence of a Court of justice,
to imprisonment for a term not exceeding to ten years
7 [ or if the person was
lawfully committed to custody]
_______________________________________________________________
1. 1. Ins. by Act 27 of 1870, sec.8.
2. 2. Subs. by Act 26 of 1955, sec. 117 and
Sch., for transpiration for life (w.e.f.1-1-1956).
3. 3. 3.The words or penal servitude for life
omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
4. 4. 4. The words or to omitted by Act 36 of
1957,sec.3 and Sch. II.
5. 5. The words transportation omitted by Act
26 of 1955,sec .117 and Sch.(w.e.f.1-1-1956).
6. 6. The words or penal servitude for life
omitted by Act 17 of 1949, sec.2 (w.e.f.6-4-1949).
7. 7. Ins. by Act 27 of 1870,sec.8
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 14 years, with
and without fine- Cognizable –Non-bailable-Triable
by Court of session- Non- compoundable.
Para II:Punishment -Imprisonment for 7 years with or
without fine -Cognizable – Non-bailable-Triable
by Magistrate of the first class Court of
session- Non- compoundable
Para III P :unishment -Imprisonment
for 3 years, or with or without fine or both -Cognizable – Nonbailable-
Triable by Magistrate of the first class Court
of session- Non
223. Escape from confinement or custody
negligently suffered by public servant. Wh. -oev er being a
public servant legally bound as such public
servant to deep in confinement any person charged with or
convicted of any offence 6[or lawfully
committed to custody], negligently suffers such person to
escape from confinement, shall be punished
with simple imprisonment for a term which may extend
to two years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 years, or fine
or both-Non- cognizable –Bailable-Triable by
Court of session- Non- compoundable.
224. Resistance or obstruction by a
person to his lawful apprehension. -Whoever intentionally offers
any resistance or illegal obstruction to the
lawful apprehension of himself for any offence with which he
is charged or of which he has been convicted,
or escapes or attempts to attempts to escape from any
custody in which he is lawfully detained for
any such offence, shall be punished with fine, or with both.
Explanation .- The punishment in this sections is in
addition to the punishment for which the
person to be apprehended or detained in
custody was liable for the offence with which he was charged,
or of which he was conv icted.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 years, or fine
or both-Non- cognizable –Bailable-Triable by
any Magistrate- Non- compoundable.
225. Resistance or obstruction to lawful
apprehension of another person.-Whoever intentionally
offers any resistance or illegal obstruction
to the lawful apprehension of any other person for an
offence, or rescues or attempts to rescue any
apprehension of any other person for an offence, or
rescues or attempts to rescue any shall be
punished with imprisonment of either description for a term
which may extend to three years, or with fine,
or with both;
or, if the person to be apprehended, or the
person rescued or attempted to be rescued, is
charged with or liable to be apprehended for
an offence punishable with 1 [imprisonment for life] or
imprisonment for a term which may extend to
ten years, shall be punished with imprisonment of either
description for a term which mat extend to
three year s, and shall also be liable to fine.
or, if the person to be apprehended, or the
person rescued or attempted to be rescued, is
charged with or liable to be apprehended for
an offence punishable with death, shall be punished with
imprisonment of either description for a term
which may extend to seven years, and shall also be liable
to fine;
or , if the person to be apprehended or
rescued, or attempted to be rescued, is liable under
the sentence of a Court of Justice , or by
virtue of a commutation or such a sentence ,
to [imprisonment for life] [***] [***] [***]
or imprisonment, for a term of ten years or upwards , shal1 2 3 4 l
be punished with imprisonment of either
description for a term which may extend to seven years, and
shall also be liable to fine;
or, if the person to be apprehended, or
rescued, or attempted to be rescued, is under sentence
of death, shall be punished with 1 [imprisonment for life]
or imprisonment of either description for a
term not exceeding ten years, and shall also
be liable to fine.
_______________________________________________________________
1. 1. Subs by ct 26 of 1955 sec 117 and Sch
for “transportation for life” (w e f 1-1-1956).
2. 2. The words”or to” omitted by Act 36 of
1957,sec.3 and Sch. II.
3. 3. The words” transportation” omitted by ct
26 of 1955 sec 117 and Sch (w e f 1-1--1956).
4. 4. The words “penal servitude” omitted by
ct 17 of 1949 sec 2(w e f 1-1-1949).
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 2 years, or fine
or both-Non- cognizable –Bailable-Triable by any
Magistrate- Non- compoundable.
Para II:Punishment -Imprisonment for 3 years with or
without fine -Cognizable – Non-bailable-Triable
by Magistrate of the first class .-Non-
compoundable.
Para III & IPVu:nishment -Imprisonment for 7 years and fine Cogozable –
Non-bailable-Triable by
Magistrate of the first class.
Para V :Punishment -Imprisonment for life or
imprisonment for 10 years and fine Cogozable – Nonbailable-
Triable by Court of Session.
1 [225A. Omission to apprehend, or sufferance of escape, on part
of public servant, in cases not
otherwise, provided for. - Whoever, being a public servant legally
bound as such public servant legally
bound as such public servant to apprehend, or
to keep in confinement, any person in any case not
provided for in section 221, section 222 or
section 223, or in any other law for the time being in force,
omits to apprehend that person or suffers him
to escape from confinement, shall be punished-
(a) if he dose so intentionally, with
imprisonment of either description for a term which
may extend to three years, or with fine, or
with both; and
(b) if he does so negligently, with simple
imprisonment for a term which may extend to
two years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for 3 years, or fine
or both-Non- cognizable –Bailable-Triable by any
Magistrate of the first class- Non-
compoundable.
Para II:Punishment –Simple imprisonment for 2 years,
or both -Non -cognizable – Non-Bailable-Triable
by Magistrate.
_______________________________________________________________
1. 1. Sections 225A 225B subs. by Act 10 of
1886,sec. 24(1) , for section 225 A which had been
ins. by Act 27 of 1870,dec.9.
225B. Resistance or obstruction to lawful
apprehension , or escape or rescue in cases not otherwise
provided for.- Whoever, in any case not provided for in
section 224 or section 225 or in any other law
for the time being in force, intentionally
offers any resistance or illegal obstruction to the lawful
apprehension of him self or of any other
person, or escapes or attempts to escape from any custody in
which he is lawfully detained, or rescues or
attempts to rescue any other person from any custody in
which he is lawfully detained, or rescues or
attempts to rescue any other person form any custody in
which that person is lawfully detained, shall
be punished with imprisonment of either description for a
term which may extend to six months, or with
fine, or with both.]
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 6 months, or fine
or both-Non- cognizable –Bailable-
Tr iable by any Magistrate- Non- compoundable.
226. Unlawful return form transpor
tation.-[Rep. By the Code of
Criminal Procedure (Amendment) Act,
1945 (26 of 1995),sec. 117 and sch.
(w.e.f.1-1-1956).]
227. Violation of condition of remission
of punishment.W-hoever, having accepted any conditional
remission of punishment , knowingly violates
any condition on which such remission was granted, shall
be punished with the punishment to which he
was originally sentenced, if he has already suffered no
part of that punishment, and if he has
suffered any part of that punishment, then with so much of that
punishment as he has not already suffered.
CLASSIFICATION OF OFENCE
Punishment- Punishment of original sentence,
or if part of the punishment has been undergone,
the residute-Cognizable - Non-bailable-Triable
by the court which the original offence was
triable- Non-compoundable.
228. Intentional insult or interruption
to public servant sitting in judicial proceedingW. -hoever
intentionally offers any insult, or causes any
interruption to any public servant, while such public
servant is sitting in any stage of a judicial
proceeding ; shall be punished with simple imprisonment for a
term which may extend to six months, or with
fine which may extend to one thousand rupees, or with
both.
STATE AMENDMENTS
Andhra Pradesh:
In Andhra Pradesh offence under section 228 is
cognizable.
[Vide A.P.G.O Ms. No 732, dated 5-12-1991].
CLASSIFICATION OF OFENCE
Punishment –Simple imprisonment for 6 months,
or fine of 1,000 rupees or both -Non -
cognizable – Bailable-Triable by the Court in
which the offence is committed, subject to the provisions of
chapter XXVI- Non-compoundable.
[228A. Disclosure or identity of the
victim of certain offences etc. -(1) Whoever prints or publishes 1 the
name or any matter which may make known the
identity of any person against whom an offence under
section 376,section 376A, section 376B,
section 376C or section 376D is alleged or found to have been
committed(hereafter in this section referred
to as the victim) shall be punished with imprisonment of
either description for term which may extend
to two years and shall also be liable to fine.
(2) Nothing ins sub-section (1) extends to any
printing or publication of the name or any matter
which may make known the identity of the
victim if such printing or publication is-
(a) by or under the order in writing of the
officer – in-charge of the police station or the
police officer making the investigation into
such offence acting in good faith for the
purpose of such investigation; or
______________________________________________________________
1. 1. Ins. by Act 43 of 1983,sec.2.
(b) by, or with the authorisation in writing
of , the vicitim; or
(c) where the victim is dead or minor or of
unsound mind by, or with the authorization
in writing of , the nest of kin of the victim:
Provided that no such authorization shall be
given by the next of kin to anybody other than the
chairman or the secretary, by whatever name
called , of any recognized welfare institution or
organization.
Explanation. For the purpose of this
sub-section “recognized welfare institution or organization
“ means a social welfare institution or
organization recognized in this behalf by the Central or State
Government.
(3) Whoever prints or publishers any matter in
relation to any proceeding before a court with
respect to an offence referred to in
sub-section (1) without the previous permission of such court shall
be punished with imprisonment of either description
for a term which may extend to two years and
shall also be liable to fine.
Explanation.- The printing or publication of
the judgment of any High Court or the Supreme
Court does not amount to an offence within the
meaning of this sections.
CLASSIFICATION OF OFENCE
Para I :Punishment- Imprisonment for two years, and fine Cognizable
–Bailable-Triable by any
Magistrate - Non- compoundable.
ParaII: Punishment –Imprisonment for two years and fine,
-Cognizable-Bailable-Triable by Magistrate-
Non-compoundable.
229. Personation of a juror or assessorW.- hoever, by resonation or
otherwise shall intentionally
cause, or knowingly suffer himself to be
returned, empanelled or sworn as a juryman or assessor in any
case in which he knows that he is not entitled
by law to be so returned, empanelled or sworn contrary
to law, shall voluntarily serve on such
assessor, shall be punished with imprisonment of either
description for a term which may extend to two
years, or with fine, or with both.
CLASSIFICATION OF OFENCE
Punishment- Imprisonment for 2 years, or fine,
or both Cognizable –Bailable-Triable by any
Magistrate of the first class - Non-
compoundable.
35. Power to delegate
Subject
to the other provisions of the Act the State Government may delegate any of its
powers or functions under this Act to the Director.
36. Constitution of the Board.
(1)
The State Government may, by notification, establish a Board to be known as the
West Bengal State Marketing Board.
(2)
The Board shall be a body corporate by the aforesaid name, shall have perpetual
succession and a common seal, may sued and be sued in its corporate name and
shall be competent to acquire, hold and dispose of property, both movable and
immovable, enter into contracts and do all such things as may, from time to
time, be necessary for carrying out the purposes of this Act.
(3)
The Board shall be constituted by the State Government by notification and
shall consist of members, both officials and non-officials, not more than 20 in
number, of whom not more than 10 shall be non-officials.
(4)
The members of the Board shall be appointed by the State Government.
(5)
The State Government shall appoint one from among the members of the Board to
be the Chairman, one to be the Vice-Chairman and another to be the secretary of
the Board.
(6)
The term of office of the members of the Board shall be three years from the
date of notification under subsection (3) and shall include any further period
which may elapse between the expiration of such period of three years and the
date of the first meeting of the successding Board at which a quorum is
present:
Provided
that a member of the Board may, on the expiry of his term of office, be
re-appointed.
(7)
(i) The names of Chairman, Vice-Chairman and Secretary appointed under
sub-section (5) with the other members of the Board shall be declared by the
State Government by notification, but the Board shall be deemed to be duly
constituted from the date of notification under sub-section (3).
Provided
that the notification constituting the Board prior to the commencement of the
West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981,
shall be deemed to have been issued under sub-section (3).
(8) A
member of the Board including the Chairman, the Vice-Chairman and the Secretary
may, by writing under his hand addressed to:-
(a)
the State Government, in case of the Chairman, Vice-Chairman and the Secretary,
and
(b)
the Chairman, in case of the other members of the Board, resign his Office and
on such resignation being accepted, he shall be deemed to have vacated his
office.
(9) if
at any time a vacancy occurs in the office of the member of the Board by reason
of the non-acceptance of office or by the removal, death or resignation, the
vacancy shall be filled up by fresh appointment of a person who shall hold
office for the unexpired period of the term of office of the member whose place
he fills.
36A.Meetings of the Board
(1)
The Board shall meet as an when considered necessary by the Chairman but the
least once in a quarter:
Provided
that Chairman may, for the purpose of disposing of outstanding business of the
Board or for any other purpose, and shall on receipt of a written requisition,
signed at least by majority of the members of the Board and specifying the
agenda, call a special meeting of the Board.
(2)
The Chairman, and the absence of the Chairman, the Vice-Chairman, of the Board
and in the absence of the both the Chairman and the Vice-Chairman, any member
chosen by the members of the Board present in the meeting for the purpose shall
preside over the meeting of the Board.
(3)
All questions in the meeting shall be decided by the majority of votes, the
person presiding having a second or casting vote in case of equality of votes.
(4)(a)
The numbers of the members necessary to form a quorum shall be such as may be
prescribed.
(4)(b)
If there be no quorum in the meeting, no business shall be transacted at such a
meeting and the meeting shall be adjourned to another date: Provided that no
quorum shall be necessary in the case of such adjourned meeting.
(5)
The Board shall meet at such time and place and shall observe such rules of
procedure in regard to the transaction of business at its meeting as may be
prescribed.
(6) No
person, who –
(a) is
an employee of the Board, or
(b)
has been declared by a competent court to be of unsound mind, or
(c) is
an undischarged insolvent, or
(d)
has been convicted by a court of law for an offence involving moral turpitude,
shall
be eligible to be appointed as a member of the Board.
(7)
(a) The State Government may, by notification, remove any member of the Board
from his office if such member has, in the opinion of the State Government been
guilty of misconduct or neglect of duty or has become disqualified within the
meaning of sub-section (6):
Provided
that the State Government shall, before passing any order under this clause,
give the person concerned an opportunity of being heard.
7) (b)
No member of the Board who has been removed from his office on any of the
grounds mentioned in clause (a) shall be re-appointed to the Board.
(8) No
action of the Board shall be called in question merely by reason of the
existence of any vacancy in or any defect in the constitution of, the Board at
the time of taking such action.
36 B.Power to remove difficulty
If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may take such steps or issue such orders, not inconsistent with this
Act, as may appear to it to be necessary or expedient for the purpose of
removing such difficulty.
36 C. Powers and duties of the Board.
(1)
Subject to the control of the State Government, the Board shall have the powers
–
(a) to
exercise superintendence and control over the business and affairs
of the
market committees,
(b) to
inspect or cause to be inspected the business and affairs of the market
committees including their accounts and the markets established by them,
(c) to
institute an inquiry into the affairs of any market committee, the enquiring
officer having the same powers, as are vested in a court under the Court of
Civil Procedure, 1908, when trying a suit, in respect of the maters referred to
in sub-section (2) of section 24 of this Act,
(cc)
to approve the place or places of transaction in agricultural produce within
such distance of a principal market yard or sub-market yard as may be
determined by the market committee,
(d)
for carrying out the purposes of this Act, to issue directions, from time to
time, to the market committees, to be binding upon such committees, and
(e) to
do in relation to, or in connection with, the regulation of marketing of
agricultural produce in
(2) It
shall be duty of the Board -
(a) to
supervise, control and co-ordinate the activities of the market committees,
(aa)
to review the requirements of persons using a market and to direct the market
committee to provide facilities for the marketing of agricultural produce,
(aaa)
to approve the programme drawn up by a market committee for the purpose of
providing facilities to persons using the market area,
(b) to
provide for expert technical assistance or guidance for efficient working of
the market committees,
(c)
for the efficient functioning of the market committees, to arrange for the
training of the officers, employees and technical personnel of such
committees,
and, if necessary, to establish under its direct charge and control, for such
training purposes, and for affording practical guidance to such committees, a
model market in accordance with the provisions of this Act,
(d) to
educate the public and impress upon them the advantages and merits of
petronising the markets established by the market committees,
(e) to
collect and furnish such statistics and marketing information in relation to or
in connection with market committees including the market established by such
committees as may be required by the Board for its efficient and effective
functioning under this Act and to publish and disseminate for the benefit of
the general public any statistics and marketing information, and such other
instructions as may be issued by the Board from time to time,
(f) to
help the market committees with expert advice and guidance in grading and
standardisation of the agricultural produce and to bring about, as far as
practicable, uniformity in respect thereof in all the markets established by
the market committees in the State,
(g) to
initiate, from time to time, such other actions as the State Government or the
Board may deem necessary to carry out the purposes of this Act.
(3)
(a) If the State Government considers it necessary so to do, it may, by
notification, delegate, subject to such restrictions as it may deem fit to
impose, to the Board all or any of the powers exercisable by it by or under
this Act.
(b)
While exercising the powers referred to in clause (a), the Board shall be under
the control of State Government.
36 D.Delegation of the Board’s powers and
duties.
For
the purpose of efficiently discharging its business under this Act, the Board
may, from time to time, by order, delegate, under such restrictions, if any, as
it may think fit to impose, any off its powers duties conferred and impose on
itby it on this Act to the Chairman of the Board or to Secretary of the Board
or to the Chief Executive Officer, or to any other officer of the Board or to a
sub-committee or sub-committees formed amongest the members of the Board.
36E.Chief Executive Officer and other
officers and employees of the Board.
(1)The
Board shall have a Chief Executive Officer to be appointed by the State
Government on such terms and conditions as may be prescribed.
(2)
The Board may, for the efficient discharge of its business, appoint other
officer, technical personnel and employees under such terms and conditions as
may be determined by the Board with the approval of the State Government.
(3)
The Chief Executive Officer and other officers, technical personnel and
employees of the Board shall discharge such duties as may be entrusted to term
by the Board.
36F.. Power to borrow money.
(1)For
carrying out the purposes of this Act, the Board may, with the previous
approval of the State Government, raise loan in the open market or from any
financial institution, and the State Government may stand guarantee for payment
of the principal amount of such loan and for payment of interest, subject to
such terms and conditions it may determine.
(2)
The State Government may advance money or grant loans to the Board on such
terms and conditions as may be determined by the State Government.
(3) The
Board may advance money or grant loans to the market committees, subject to the
terms and conditions as the Board may determine.
(4)
Notwithstanding anything contained in any other law for the time being in
force, every debt arising out of any loan taken by the Board from the State
Government or any financial institution for carrying out the purposes of this
Act shall –
(a)
have priority over all other debts whether secured or unsecured, and
(b) be
a preferential debt within the meaning of section 530 of the Companies Act,
1956
and
such debts shall rank equally among themselves and be paid in full out of the
assets of the Board unless such assets are insufficient to meet them, in which
the case they shall abate in equal proportion.
36G.Fund of the Board.
(1)The
Board shall have a fund to be called the West Bengal State Marketing Board
fund.
2. (a)
All moneys received by the Board shall be paid into the West Bengal State
Marketing Board fund and expenditure incurred by the Board under or for the
purpose of this Act shall be defrayed out of the said fund..
(b)
The West Bengal State Marketing Board fund shall be operated by the Chief
Executive Officer of the Board jointly with such an official member of the
Board as the Board may determine and the accounts thereof shall be kept in such
manner as may be approved by the Board:
Provided
that the Board may also authorise another official member to operate the fund
jointly with the Chief Executive Officer in case of absence of the official
member determined in the aforesaid manner.
(c) A
copy of the audited accounts, along with auditor’s report there to shall be, as
soon as may be forwarded to the State Government, and any direction issued by
the State Government in relation thereto, shall be forthwith carried out by the
Board.
(d)
The accounts of the Board in respect of each market year shall be audited
within three months of the closing of the market year, by such auditor as may
be approved by the State Government, and the fees payable to such auditor and
the other expenditure incurred for audit shall be paid out of the West Bengal
State Marketing Board fund.
(e)
The Board shall cause to be produced all accounts, registers, documents,
vouchers, receipts and other relevant papers which may be called for by the
auditor for the purpose of audit. Any explanation called for by the Auditor for
the settlement of any discrepancy in the accounts shall be immediately
furnished to him.
(f)
The auditor shall have the same rights and privileges and authority in
connection with audit of the accounts of the Board as the Comptroller and
Auditor-General of
(g)
The West Bengal State Marketing Board fund shall be applied to enable the Board
to carry out the purposes of this act.
(3)
The West Bengal State Marketing Board fund shall be utilised for the following
purposes,
namely
(i)
better marketing of agricultural produce;
(ii)
marketing of agricultural produce on co-operative lines and assisting the
co-operative marketing societies in the procurement of produce belonging to
small and marginal farmers and their disposal:
Explanation
– In this clause, “small farmer” shall mean a farmer who possesses more than
two hectares but less than four hectares if he is a member of any of the
Scheduled Tribes, and more than one hectare but less than two hectares in other
cases, of land, either as an owner or as a raiyat or as a share-cropper and
“marginal farmer” shall mean a farmer who possesses no more than two hectares
if he is a member of any of the Scheduled Tribes, and one hectare in other
cases, of land, either as an owner or as a rayat or as share-cropper;
(iii)
taking of steps to stop distress sale in conjunction with other
(iv)
provision for transport and storage facilities;
(v)
collection and dissemination of market rates and news;
(vi)
grading and standardisation of agricultural produce;
(vii)
general improvements in the markets or the respective market areas;
(viii)
participation in any scheme designed to augment and improve production and
betterment of agricultural produce;
(ix)
subsidising the implementation of production oriented schemes such as small
irrigation, spraying, drainage, in the hinterland of the market;
(x)
acquisition, establishment or management of the retail markets periodic hats
and fairs located in the market areas;
NOTES
:
A
“fair” has been judicially defined as meaning a periodical concourse of buyers
and sellers in a place generally for sale and purchase……………….at times or on
occasion ordained by custom. [
The
distinction between markets and fair appears to lie in the periodicity viz.
while a market may be a regular or permanent place of business. A fair is an
intermittent one.
Market,
may strictly be defined as “the meaning or congregating together of people for
the purchase and sale of provisions or livestock, publicly exposed, at a fixed
time and place. [
(xi)
maintenance of the office of the Board and constructions and repair of its
office buildings, rest house and staff quarters;
(xii)
giving aid to financially weak market committees in the shape of loans and
grants;
(xiii)
payment of salary, leave allowance, gratuity, compassionate allowance,
compensation for injuries or death resulting from accidents while on duty,
medical allowance and pension or provident fund to the persons employed by the
board and leave and pension contribution to Government servants on deputation;
(xiv)
payment of travelling and other allowances to the members of the Board, its
officers and employees;
(xv)
carrying out of propaganda, demonstration and publicity in favour of
agricultural improvements;
(xvi)
meeting any legal expenses incurred by the Board;
(xvii)
imparting education in marketing or agriculture;
(xviii)
construction of godowns;
(xix)
granting of loans and advances to the employees;
(xx)
meeting expenses incurred in auditing the accounts of the Board;
(xxi)
carrying out, with the previous sanction of the State Government any other
purpose which is calculated to promote the general interest of the Board and
the market committee or the national or public interest.
36H.Budget.
(1)
The Chairman shall, at a special meeting to be held for the purpose before the
fifteenth day of December in each year, lay before the Board a budget of the
Board for the next market year.
(2)
The Board shall, within the seventh day of January in each year, consider the
budget laid before it and accept it with or without modification.
(3)
Every budget as accepted by the Board shall be immediately submitted to the
State Government, and the State Government may, as expeditiously as possible,
sanction the budget and accepted by the Board or return it to the Board for
marking such modifications therein as the State Government may deem fit to
specify.
(4)
Where a budget is returned to the Board by the State Government for making any
modification therein, the Board shall forthwith make such modification and
submit the budget as so modified to the State Government and the State
Government may, then, as expeditiously as possible, sanction the same.
(5)
The Chairman may, at any time during the year for which a budget has been
sanctioned by the State Government, lay before the Board a supplementary
budget, and the provision of sub-section (2), sub-section (3) and sub-section
(4) shall mutates mutandis apply to such supplementary budget.
(6) No
sum shall be expended by or on behalf of the Board unless the expenditure is
covered by a specific provision of the budget sanctioned by the State
Government:
Provided
that the Board may sanction any reappropriation from one head of expenditure to
another or from the provision made for one scheme to the provision made for
another, with the previous approval of the State Government.
36l. Supersession of the Board
(1) If
at any time the State Government considers it necessary so to do in the public
interest, it may, by notification, supersede the Board, the members of which
shall forthwith vacate their offices, and proceed to reconstitute it in
accordance with the provisions of this Act and appoint a person to perform the
functions of the Board until it is so reconstituted.
(2)
For the avoidance of doubts it is hereby declared that a notification of
suppression under subsection (1) shall not effect or imply in any way the
dissolution of the Board as a body corporate.
36J. Furnishing of information by the
Board.
The
Board shall furnish such information in connection with its duties and
functions as the State Government or any officer appointed by the State
Government in its behalf may call for.
36K.Annual administration report.
At the
end of each market year, the Board shall, as soon as may be, submit to the
State Government an annual administration report in respect of working of the
Board and the State Government shall, as soon as may be, lay the said report
before the State Legislative Assembly.
36L.Execution of contract.
(1)
Every contract required to be entered into by the Board shall be in writing and
signed on behalf of the Board by its Chairman and two other members.
(2) No
contract other than a contract as provided in sub-section (1) shall be binding
on the Board.
36M.Recovery of sums due
Every
sums due to the Board under this Act shall be recoverable
as an
arrear of land revenue under the provisions of the Bengal Public Demands
Recovery Act, 1913.
36N.Members, officer and employee of the
Board to be public servants.
Every
member of the Board and every officer and employee of the Board shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal
Code.
36O. Bar of suits in absence of notice.
No
person shall bring any suit against the Board or against any officer or
employee of the Board or any person acting under the orders of the Board for
anything done or purporting to have been done in pursuance of this Act without
giving the Board, officer, employee or person two months’, previous notice in
writing of the intended suit and of the cause thereof, or after the expiry of a
period of six months from the date of the act complained of.
36P.Power of State Government to hold
enquiry.
(1)
The State Government, with a view to satisfying itself that the powers and
duties of the Board are exercised and performed properly, may, at any time,
appoint any person or person to make inquiries into all or any of the
activities of the Board in such manner as may be prescribed and to report to
the State Government the result of such inquiries.
(2)
The Board shall give to the person or persons so appointed all facilities for
the proper conduct of the inquiries and shall produce before the person and
persons any document or information in the possession of the Board, if such
person or persons so demand for the purpose of such inquiries.
37. Act to override other laws.
The
provisions of this Act shall have effect not withstanding anything to the
country contained in any other law or in any contract, express or implied, or
any instrument and notwithstanding any custom or usage to the contrary.
38. Power to make rules.
(1)
The State Government may, by notification, make rules for carrying out the
purposes of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of following matters namely:-
(a)
the manner of controlling, regulating and running a market, settling disputes
between buyers and sellers, promoting, grading and standardisation of
agricultural produce, other duties and functions of the market committee, the
manner of inspection and verification of scales, weights and measures, books of
accounts and other documents, and manner of delegating functions by a marketing
committee in favour of sub-committee, referred to in clauses (iv), (vii), (ix),
(xii), and (xiv) of sub-section (1), and sub-section (2) respectively of
section 12;
(b)
form of application for obtaining a licence and the fee payable for it, from
for granting a licence and the terms and conditions subject to which the
licence is to be granted the manner of showing cause against cancellation of a
licence, the manner of appeal, and the fee payable for a duplicate licence and
the manner of issuing a duplicate licence, referred to in sub-sections (2),
(3), (6), (6A) and (8) respectively of section 13;
(c)
terms and conditions for the appointment of a Secretary and the payment of
leave allowance, pension, gratuity and provident fund to the officers and
employees of the market committee referred to in sub-section (1) and (4)
respectively and the manner and time of appeal referred to in sub-section (5)
of section 14;
(d)
the manner of utilising surplus fund of the market committee referred to in
section 19;
(e)
travelling and other allowances of the members of the market committee and the
manner of keeping and auditing accounts of the market committee referred to in
clause (vii) of sub-section (1) and sub-section (2) of section 20;
(ee)
the manner and time of appeal referred to in subsection (3) of section 27;
(f)
Omitted;
(g)
Omitted;
(h)
the number of members necessary to form a quorum referred to in clause (a) of
sub-section (4), and the times and places and the rules of procedure in regard
to the transaction of business to be observed, referred to in sub-section (5)
of section 36A;
(h1)
the terms and conditions of appointment of the Chief Executive Officer referred
to in sub-section (1) of section 36E;
(h2)
the manner in which the surplus mentioned in clause (a) of sub-section (2) of
section 36G shall be utilized and the manner in which accounts of the Board
referred to in clause (b) of sub-section (2) of section 36G is to be kept;
(h3)
the manner in which inquiries into all or any of the activities of the Board
shall be made under sub-section (1) of section 36P;
(i)
any other mater which has to be or may be prescribed.
38A.Power to make bye-laws.
(1)
Subject to the provisions of this Act and the rules made there-under a market
committee may make bye-laws for –
(a)
the regulation and conduct of its business,
(b)
the conditions of trading in market area, or
(c)
any other matter for carrying out the purposes of this Act.
(2)
Any bye-law made by a market committee shall be forwarded by it to the Board
for approval. If the Board is satisfied that the proposed bye-law is not
contrary to the provisions of this Act or the rules made thereunder, it shall
register such bye-law within a period of three months.
From
the date of receipt thereof and forward to the market committee a copy of the
bye-law so registered together with a certificate of such registration, and
such certificate shall be conclusive evidence that the bye-law has been duly
registered.
(3) If
it appears to the Board that an amendment of the bye-law forwarded to it by a
market committee under sub-section (2) or rescission of an existing bye-law or
adoption of a new bye-law or adoption of a new bye-law is necessary in the
interest of such market committee or the persons using the market, the Board
may, by an order in writing direct such market committee to amend such bye-law
or to rescind the existing bye-law or to adopt a new bye-law, as the case may
be, within such period as may be specified in such order.
(4) If
the market committee fails to make any such amendment, rescission or adoption
within the period specified in the order referred to in sub-section (3), the
Board may, after giving such market committee an opportunity of being heard,
register such amendment, rescission or new bye-law so registered together with
a certificate of such registration which shall be conclusive evidence that the
amendment, rescission or adoption has been duly registered and shall be binding
upon the market committee.
39. Repeal and Savings.
(1)
The West Bengal Market Regulation Act, 1970 is hereby repealed.
(2)
Any market committee constituted, any rule or notification issued, any order
made, anything done or any action taken under the said Act shall be deemed to
have been validity constituted, issued, made, done or taken under the
corresponding provision of this Act as if this Act were in force on the day on
which such market committee was constituted, such rule or notification was
issued, such order was made, such thing was done or such action was taken.
(3)
(a) All properties and assets vested in a market committee constituted under
the said Act (here in after called the old market committee) and all rights,
liabilities and obligation acquired, accrued or incurred, by transferred to the
corresponding market committee or committees constituted under this Act, and
where there are more than one corresponding market committees, such properties,
assets, rights, liabilities and obligations of the old market committee shall,
by an order, be equitably divided by the director amongst the corresponding
market committees, and the properties, assists, rights, liabilities and
obligations allotted by the Director to each of such corresponding market
committees shall vest in such corresponding market committee;
Provided
that no under this clause shall be made by the Director without giving each of
the corresponding market committees an opportunity of being heard.
(b) An
order of the Director made under clause (a) shall be final and shall not be
liable to be questioned in any court of law.
(4)
All contracts entered into by or on behalf of any market committee constituted
under the said Act, before the commencement of this Act shall be deemed to have
been entered into by the corresponding market committee or committees
constituted under this Act.
(5)
All legal proceedings or remedies instituted or enforceable by or against any
market committee before the commencement of this Act may be continued or
enforced, as the case may be, by or against the corresponding market committee
or committees constituted under this Act.
