Section 12 in The Bombay Shops and Establishments Act, 1948
12. Hawking prohibited before opening and after closing hours of shops.
(1)No person shall carry on in or adjacent to a street or a public place the sale of any goods before the opening and after the closing hours fixed under Sections 10 and 11 for the shops dealing in the same class of goods in the locality in which such street or public place is situate.[Provided that nothing in this sub-section shall apply to the sale of newspapers.] [This proviso was added by Gujarat 11 of 1962, section 6.](2)Any person contravening the provisions of sub-section (1) shall be liable to have his goods seized by an Inspector.(3)[ The goods seized under sub-section (2) shall be returned to the person from whom they were seized on his depositing rupees twenty-five as security for his appearance in the Court.(4)If the person fails to make the deposit, the goods seized shall be produced without delay before a Magistrate who may give such directions as to their temporary custody as he thinks fit.(5)Where no prosecution is instituted for contravention of the provisions of sub-section (I) within such period as the Magistrate may fix in this behalf, the Magistrate shall direct their return to the person from whom they were seized.(6)Subject to the provisions of the preceding sub-section, the provisions of the [Code of Criminal Procedure, 1898, (V of 1898)] [Sub-section (3) to (6) were substituted for the proviso by Bombay 28 of 19.52, section 6.] shall, so far as they may be applicable, apply to the disposal of the goods seized under this Section.]
