(1) Any person who contravenes the provisions of section 4 of this Act shall be punishable with imprisonment for a term which may extend to 7(seven) years or fine which may extend to one lakh or both.
(2) Any person who contravenes the provisions of section 10 or any of the rules made under this Act or any of the condition of License, shall be punishable with imprisonment for a term which may extend to three Years, or with fine which may extend to fifty thousand rupees or with both;
(3) No court shall take cognizance of any offence punishable under this Act except on a complaint –
(i) made by the Controlling Authority appointed under this Act, or
(ii) made by an Inspector appointed under this Act;
(4) No court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act;
Limitation.
12.
No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within 3 (three) months from the date on which the alleged commission of the offence came to the knowledge of the Controlling Authority or the Inspector, as the case may be.
6 Application of Code of Criminal Procedure,
1973.
13.
The provisions of the Code of Criminal Procedure, 1973 relating to any search or seizure shall be applicable to any search or seizure made under this Act.
No.2 of 1974 Act in addition to any other Laws.
14.
This Act shall be in addition to and not in derogation to any other law for the time being in force.
Powers to make Rules.
15.
(1) The State Government may, by notification to be published in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form and manner in which the License is to be issued under sub-section (1) of section 5;
(b) the inquiry to be conducted under sub-section (2) of section 5;
(c) terms and conditions subject to which such License is to be issued under sub-section (3) of section 5;
(d) fees and conditions of renewal under sub-section (4) of section 5;
(e) cancellation and suspension of License under section 6;
(f) the form and manner of appeal under sub-section (1)(a) of section 9
(g) functions & duties of the Inspectors appointed under section 7;
(h) other functions and duties of Private Placement Agencies under section 10; and
(i) any other matter which may be necessary to achieve the objects of this Act.
Suit and Proceedings.
16.
No suit, prosecution or other legal proceeding shall lie against Controlling Authority, Inspector or any other authority under this Act in respect of anything done or intended to be done in good faith, under the Act.
Offences to be cognizable and non-bailable.
17.
All the offences under this Act shall be cognizable and nonbailable.
7 Power of interpretation and removal of difficulties.
18.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may be necessary for removing the difficulty:
Provided that no such order shall be made after expiry of a period of two Years from the commencement of this Act.
S. M. BUZAR BARUAH, Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6