Section 36 in The Punjab Agricultural Produce Markets Act, 1961
36. Emergency Powers.
- If at any time the State Government is satisfied that a situation has arisen in which the purposes of this Act cannot be carried out in accordance with the provisions thereof, the State Government may by notification -(a)declare that the functions of a Committee shall, to such extent as may be specified in the notification, be exercised by the Board or such person or persons as it may direct ; or(b)assume to itself all or any of the powers vested in or exercisable by a committee;and such notification may contain such incidental and consequential provisions as may appear to the State Government to be necessary or desirable for giving effect to the objects of the notification.[37. Penalties. - (1) Whoever contravenes any provisions of this Act, the rules, regulations or bye-laws made thereunder shall, if no other penalty is provided for that contravention, be liable to imposition of penalty which may extend up to ten thousand rupees.(2)Notwithstanding anything, contained in forgoing sub-section, any person who wilfully evades payment of any fee or sum due to the Committee under the provisions of this Act, the rules, regulations or bye-laws made thereunder shall, in addition to the payment of fee or sum due, be liable to imposition of penalty, which shall not be less than twenty-five per cent and not more than fifty per cent of the amount of the fee or sum due, as the case may be, for the first two evasions.(3)In case any person is found wilfully evading payment of any fee or sum due to the Committee, more than twice during the period of one financial year, his licence shall be liable to be cancelled, in addition to the penalty imposed.(4)No penalty under this section shall be imposed-(i)without affording the person aggrieved an opportunity of being heard;(ii)after expiry of a period of five years from such contravention; and(iii)by an officer detecting or investigating the offence or an officer junior in rank to such officer.]
