Section 39 in The Assam Agricultural Produce Market Act, 1972
39. Penalties.
(1)Penalty for contravention of Section 5. Whoever contravenes the provisions of sub-section (2) of Section 5 shall, on conviction, be punishable with fine which may extend to five hundred rupees and in case of continuing contravention, with further fine which may extend to one hundred rupees per day during which the contravention is continued after the conviction.(2)Whoever in contravention of the provisions of sub-section (2) of Section 13 of the Act uses any place in the market area for being and selling of notified agricultural produce or operates as a trader, commission agent, broker, weighman, measurer, surveyor, warehouseman, processor or in any other capacity in relation to marketing of such produce without valid licence, shall, on conviction, be punishable 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, and in the case of continuing contravention, with a further fine which may extend to one hundred rupees per day during which the contravention is continued after the first conviction.(3)Penalty for evasion of payment of cess or other amounts. - Any person who fraudulently evades the payment of any cess or other amount due from him under this Act or the rules or the bye-laws framed thereunder, shall, on conviction, be punishable with fine which may extend to five hundred rupees, and in case of continuing evasion with a further fine which may extend to one hundred rupees per day during which the evasion is continued after conviction thereof.(4)Liability of accused to any cess, fees or other amount. Any person who is prosecuted for an offence under sub-section (1) shall be liable, on proof to the satisfaction of the Magistrate that he wilfully omitted to pay the cess or other amount due from him under this Act or the rules or the bye-laws, to pay to the market continue the amount which may be due from him on account of such cess or other amount.(5)Power of Magistrate to recover cess or other amount. Wherever any person is convicted of an offence under this Act, or the rules or the bye-laws framed thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Market Committee the amount of cess or other amount due from him under this Act, or rules or the bye-laws, and may in his discretion, also recover summarily and pay over to the Market Committee such amounts as he may fix as the costs of the prosecution.(6)Whoever obstructs any person duly authorised for seizing or confiscation of notified goods for buying and selling in market area shall be punished with imprisonment for a term not exceeding six months' simple imprisonment or with fine not exceeding rupees five hundred or with both.(7)Whoever, contravenes any of the provisions of this Act, rules and bye-laws framed thereunder, if no penalty is provided, on prosecution, shall be punished with imprisonment for a term not exceeding three months' simple imprisonment or with fine which may extend to rupees two thousand or with both.
