Penalty

Section 10 of the Bihar Molasses (Control) Act, 1947 deals with penalty. If any person contravenes any provision of, or fails to comply with any order or direction issued under this Act or the rules made thereunder, or makes any false statement regarding any matter in respect of which he is required under this Act or the said Rules to give information he shall be punisha

If any person contravenes any provision of, or fails to comply with any order or direction issued under this Act or the rules made thereunder, or makes any false statement regarding any matter in respect of which he is required under this Act or the said Rules to give information he shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both. Any Court trying a contravention of the provisions of sections 4, 6, 8, 9-A and 9-B may direct that any molasses in respect of which the Court is satisfied that any of the said provisions has been contravened, shall be forfeited to Government:

Provided that a contravention of the provision of section 8, if made before the commencement of the Bihar Molasses (Control) Third (Amendment) Act, 1959, shall not be punishable under this Act: 2[Provided further that- (i) (a) the Controller of Molasses may accept from any person, who is reasonably suspected of having committed an offence punishable under this section, a payment of a sum not exceeding rupees ten thousand in lieu of prosecution or by way of composition for such offences as the case may be; and (b) in any case in which any molasses has been seized as being liable to confiscation under this Act, may, at any time before the Magistrate has passed an order under this section, release the molasses on payment of any sum not exceeding the value thereof as estimated by the Controller of Molasses including the administrative charges and movement permit fee.

(ii) When the payments referred to above have been duly made the accused person, if in custody, shall be discharged and the molasses seized (if any) shall be released and no further proceeding shall be taken against such person or molasses.] 2[10A.

(1) An appeal shall lie to the Board from any order made by the Controller of Molasses under section 10 of the Act:

Provided that every memorandum of appeal shall be submitted within fifteen days from the date of communication to the appellant of the order appealed against and shall be accompanied by order appealed against in original or by an authenticated copy of such order unless the omission to produce such order or copy is explained to the satisfaction of the Board.

(2) The State Government may on its own motion or on the application of any aggrieved person, revise any order passed under this Act by the Controller, except an order passed under section 10 of the Act:

Provided that no application shall be entertained under this section unless it is made within thirty days of the order complained of.] 1. See non Cr. PC, 1973 (Act 2 of 1974) 2. Ins. by Act 7 of 1985 3. Subs by ibid IndiaCode

Section 10, The Bihar Molasses (Control) Act, 1947 (Act 6 of 1947).