(1) The State Government, so far as it appears to it to be Powers to necessary or expedient for maintaining or increasing the supply of control pro duction, molasses or for securing the equitable distribution or availability of supply and molasses at fair piices, may, by notified order, provide for regulating of, tri an disbdu trade tion the productiotesupply and distribution thereof and trade therein within in, molasses.
West Bengal.
11 The West Bengal Molasses Control Act, 1973.
[West Ben. Act (Section 4.)
(2) Without prejudice to the generality of the powers conferred by sub-section (1) an order made thereunder may provide,—
(a) for regulating by license, permits or otherwise the production of molasses;
(b) for controlling the prices at which molasses may be purchased or sold;
(c) for regulating by license, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of molasses;
(d) for requiring any person holding stocks of molasses to sell them at fair prices to specified persons or classes of persons or in specified, circumstances;
(e) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;
(f) for requiring persons engaged in the production, supply or distribution of, or trade in, molasses, to maintain and produce for inspection any books, accounts and records relating to their business and to furnish any information relating thereto;
(g) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles, vessels and aircrafts, the seizure by a person authorised by the State Government in writing to make such search of any molasses in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licenses, permits or other documents, and the charging of fees therefor.
(3) Nothing in sub-sections-(1) and (2) shall authorise the making of any order which prohibits or restricts, or enables any action to be taken for prohibiting or restricting, the entry into, or export from, West Bengal of any molasses.
Delegation of 4. The State Government may by notified order direct that the Powers. power to make -orders under section 3. shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by the Excise Commissioner as defined in clause (8) of section 2 of the Bengal Excise Act, 1909, or Ben. Act V by a Collector as defined in clause (5) of the said section -of the of 1909.
said Act.
12 The West Bengal Molasses Control Act, 1973.
VI of 1973.]
(Sections 5-10.)
5. If. any person contravenes any order made or deemed to have Penalties.
been made tinder section 3, he shall be punishable with imprisonment fora term which, may extend to three years or with fine or with both, and, if the order so.provides, any Court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been, contravened shall be forfeited to Government
6. Any person who attempts to contravene, or abets a contravention of, any order made or,deemed to have been made under section 3 shall be deemed to have contravened that order.
7. If the person contravening an order made or deemed to have been made under section 3 is a. company, or other body, corporate, every director, manager, secretary or, other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.
Attempts, etc., to contravene orders.
Offences by corporations.
8 No Court shall take cognizance of any offence punishable under Cognizance this Act except on a report in writing of the facts constituting such of offences.
offence made by a person who is a public servant as defined in section 45 of 1860. 21 of the Indian Penal Code.