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Section 8: Cash memorandum to be given

Kerala Lime Shells (Control)ActState Act of Kerala · Act 18 of 1957

(1) Every dealer or producer licensed under this Act, when selling lime-shells for cash shall, if the amount of the purchase 1s five rupees or more. in all cases, and if the amount of the purchase is less than five rupees, when so required by the purchaser, give to the purchaser a cash memorandum containmg such particulars of the transaction as may be preseribed.

(2) The Government may, by notification m the Guzette, exempt specified areas or classes of dealers or producers licensed under this Act from the operation of this section

9. Prohibition of sale, ete —If. in the opmion of the Government, it is necessary or expedient soto do, they may by order in writing—

(a) prohibit the disposal of lrme-shells except m such cirenmstances and under such conditions as may be specified in the order

(b) direct the sale of lme-shells to any such dealer or class of dealers licensed under this Act and in such quantities as may be specified in the order, and may make such further orders as appear to them to be necessary or expedient in connection with any order issued under this section.

10, Penaltses —(1) Whoever contravenes any of the provisions of this Act or any of the terms and conditions ofa licence issued under this Act or any directions made under authority conferred by this Act, shal) be punishable with mprisonment for a term with may extend to six months, or with fine, or with both.

(2) A-court convicting any person of any offence punishable under this Act may order that the stock of lime-shells in respect of which the offence was committed and any property involved im or _utilised for the commission of such offence shall be forfeited to the Governent, — 70

11. Offencess by companies—(1) If the person contravenmng the provisions of this Act 1s a company, every person, who, at the time the contravention was committed was in charge of and was responsible to the company for the conduct of the business of the company as wellas the company, shall be deemed to be guilty of the contravention and shall be lable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(2) Notwithstandidg anything contamed in sub-sectson (1), where an offence under this Act has been committed by a company and it 13 proved that the offence has been committed with the consent or connivance of, oris attributable to any neglect on the part of any ditector, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be lable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section—

(a) “company” means any body corporate, and mcludes a firm or other association of individdals, and

(5) ‘director’, in relation to a firm, means 4 partner im the firm 12 Offences under the Act to be cognisable—— Notwith standing anything contained in the Code of Criminal Procedure, 1898 (Central Act V of 1898) all offences under this Act shall be cognisable..

Where this provision sits

ActKerala Lime Shells (Control)Act
Section8
Marginal noteCash memorandum to be given
JurisdictionState of Kerala
StatusIn force as published by the source

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