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State of Bihar - Section

Section 17 in The Bihar Mica Act, 1947

17. Penalties.

(1)Save as provided in sub-section (2) and sub-section (3) of Section 4 any person who-
(a)has in his possession or sells any mica extracted from a mica mine of which he is in possession and which is situated in land of which he is not the proprietor, except under and in accordance with a miner's licence [* *] [The words 'or a digger's permit' repealed by Bihar Act 28 of 1953.];
(b)has in his possession or sells any mica extracted from a mica mine of which he is in possession and which is situated in land of which he is the proprietor, except under and in accordance with the proprietor's certificate;
(c)buys mica, or has in his possession or sells mica extracted from a mine or mica dump of which he is not in possession, except under and in accordance with a dealer's licence;
(d)has in his possession or sells mica extracted from a mica dump of which he is in possession, except under and in accordance with a miner's licence or a dealer's licence or a proprietor's certificate;
(e)being a licensee, [or registered proprietor] [Substituted by Bihar Act 28 of 1953 for the words 'registered proprietor or digger'.] sells mica to any person other than a person to whom a dealer's licence has been granted and who resides on business in a controlled area;
(f)being a person to whom a dealer's licence has been granted buys mica from a person who is not a licensee or a registered proprietor [* *] [The words 'or a digger' repealed by Bihar Act 28 of 1953.] and who resides or carries on business in a controlled area, shall on conviction by a Magistrate of the first class, be punishable with fine which may extend to [one thousand rupees] [Substituted by Bihar Act 28 of 1953 for the words 'five hundred rupees'.].
(2)Any licensee or registered proprietor who-
(a)fails to keep any account required to be kept by Section 10 or keeps an account which does not contain the particulars required by the said section or which is false in any material particular;
(b)fails to produce such accounts or to disclose or to produce the full amount of his stock of mica when so required under Section 11;
(c)fails to submit any prescribed return or submits a prescribed return which is false in any material particular;
(d)refuses or wilfully neglects to afford to any officer authorised under Section 11 any reasonable facility for inspecting any mica mine or mica dump in his possession;
(e)[ allows his licence or proprietor's certificate, as the case may be, to be used on behalf of any other person as authority to buy or have in his possession or sell mica extracted from a mica mine or from a mica dump;] [Inserted by Bihar Act 28 of 1953.]
shall on conviction by a Magistrate of the first class be punishable with fine which may extend to [one thousand rupees] [Substituted by Bihar Act 28 of 1953 for the words 'five hundred rupees'.]
(3)[ (i) Any licensee who extracts any mica from a mica mine situated in land which is not included in his licence as endorsed by the Controller or has in his possession or sells any mica extracted from such mica mine, shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to one thousand rupees.
(ii)Any licensee who fails to produce his licence within a reasonable time after being required by the prescribed authority shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to fifty rupees]
(4)Any licensee, [or registered proprietor] [Substituted by Bihar Act 28 of 1953, for the words 'registered proprietor or digger.'] who-
(a)fails to notify to the prescribed authority and in the prescribed manner the place or places used by him whether for storing mica or preparing it for sale; or
(b)stores mica at any place other than a place notified in accordance with Section 12;
shall on conviction by a Magistrate of the first class be punishable with fine which may extend to [one thousand rupees] [Substituted by Bihar Act 28 of 1953, tor the words 'five hundred rupees.'],
(5)[ Any person other than a licensee or a registered proprietor or his duly authorised agent, who issues a pass required under Section 14, and in case such person issues the pass in collusion with the licensee or the registered proprietor, such licensee or registered proprietor also shall, on conviction by a Magistrate of the first class, be punishable with fine which may extend to two hundred rupees] [Inserted by Bihar Act 28 of 1953.],