(1) The Director or such officer as may be prescribed, may-
(a) accept by way of composition, from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any offence under the provisions of this Act or the rules made thereunder, such sum of money not excee ding tLc amount of fine payable for such offences as may be determined by the Director or sucJ-1 officer, ' (b; in all cases in which any property has been seized and is liable to confiscation under this Act, shall be released on pay men t of the value thereof as estimated by the Director or such officer.
(2) On payment by such person the sum of money under sub-section (1) the person, if in cus tody, shall be set at liberty, and all the properties ~~~================================~===========:::::::::::====-- ----r 688 THE ASSAM GAZETTE. EXTRAORDINARY. AUG. 25, 1990 seized may be released and no proceedings shall be instituted against such e•rson in any criminal court. If any proceedings ill; any criminal court have been instituted against sach person in respect of the offence the a.cceptance of composition shall be deemed to amount to an acquital, and in no case any further proceedings shall be taken ci.gainst such person or p1·operty, with reference to the same act or in respect of the same offence.
Pr~vious 13. No prosecution shall be sanction for S . l l . h h .
prosecution. ect10n . wit out t e previous Director.
instituted under sanction of the Offences 14-. (1) Where a person committing any offence, ~~nc,or~t~~a- punishable under this Act ' or any rule or order made thereunder is a Company or '1.n Association or a body of persons, whether incorporated or not every Director, Manager, Secretary, Agent or other officer or person concerned with the Management thereof, shall, unless he proved that the offence was committed without his knowledge or that he exercised all due deligence to prevent its commis1ion, be deemed to be guilty of such offence.
Offences by companies:-
(2) Where an offence under this Act has been committed by a company registered under the Com panies Act, 1956 every person who , at the time of offence was committed, was incharge of, and was responsible to the company for the conduct of the business of the company as well as the compariy, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing in this sub-section render any such person liable to any punishment if he · proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence.
THE ASSAM GAZETTE, EXTRAORDINARY, AUG. 25, 1990 689
(3) Notwithstanding anything in sub-section ~l), where an offence under this Act has been commit ted by a company and it is proved that the offence has been committed with the consent or conni vance of or is attributable to any neglect on the part of any Director, Manager, Secretary o.r other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be pro ceeded against and punished accordingly.
EXPLANATION For the purpose of this Section :-
(a) ''Company" means anybody corporate and includes a firm or other association of individu als and-
(b) "Director" in relation to a firm means a partner in the firm.
Suspension 15 (1) The Director if satisfied that any person or cancella- · t!on of holding a licence under this Act, has contravened 1 icence. the provisions of this Act or the rules made there under or any other terms and conditions of the licence may, without prejudice to any punishment under Section 11, after giving the person concerned an opportunity of being heard, suspend or cancel the licence granted to such person.
(2) Any person aggrieved by the order of sus pension or cancellation of licences, may appeal to the Government within such time and such manner, as may be prescribed, and the decision of the Go vernment on such appeal shall be final.
Protection of l6 (1) N · · th d' Government . o smt, prosecution or o er procee mgs officers and.shall lie against ~ny officer or servant of the Go servanta- vernment for any act done or purporting to be done under thts Act without the previous sanction of the Government.
-690__'!!!.E ASSAM q__AZETTE, EXTRAORDINARY, AUG, 25, 1990
(2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceedings, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.
Exemption. 17. Nothing contained in this Act shall apply to any places where silkworm are reared and silk yarn produced by any Department of Government.
P
18.(1) The Government may by nodftcation in ower to h ffi · 1 h make ruic1 t e 0 eta Gazette, make rules to carry out t e purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for :-
(a) The fr ,rm and manner in which applications for licences may be made and the fees for the grant of such licence.
(b) The terms and conditions which may be included in any Hence as well as the grant of duplicate lieences and the renewal of licences and the fees for the same.
(c) Apper ls from any order under this Act, the authority to whc m such appeals shall lie the time within whiclr such appeals shall be made and the procedure for dealing with such appeals.
Cd) The manner of constituting the market committees ard the powers, functions and duties of such committ ·~es and the Market Officer and the sitting fee ai.d other allowance payable to the members of t! c committees.
(e) The cii~posal of the silkworm setd or co coons and siJkyc1rn or tJ•.e vr ssel, receptacle, appa ratus, packag1_ or covering ccntaining the same.
( f) The :market fee payable by the rearers and the licenced b:;.yers in respect of cocoons and silk yarn sold and pmchased in the markets, such fee not exceeding two percent of the price amount of 'l'HE ASSAM GAZETTE, EXTRAORDINARY ALO. 25, 1990 691 the cocoons and silk-yarn and the purposes for which the fees may be utilised.
(3) Every rule under this Section sh<>.11 be laid as soon as may be after it is made befnre the Assr.m Legislative Assembly while it is in Sessh n for a total period' of 14 days which may be comprisl d in one Session or two successive Sessic, ns, <'.nd if before the expiry of the Sefsion in which ic is so laid or the Session immediately falling, the Assam Legislative As1embly agiee 1n making any modifi cation in the Rule and the Assam Legislative Assem bly agree th~t the Rules ~hould not be made, the rule shall thereafter have effect only in such mo dified form or no effect as the cr.se may be, 2.nd any such modification or annulment shall be witLout prejuJice Ly the validity of anything previously done under that rule.
K. LASKAR.
Sccr~tary to the Govt. of Assam, Le gisla ti vc Department· GUWAHATI-Printed • published by the Dy. Director (P), Directorate of Ptg. and Sty., Aslam, Guwhaad-21 (Es-Gazette) No. 257-860-S00-35-l-J990·