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Section 18

The West Bengal Silkworm Seed, Cocoon And Silk Yarn ( Regulation Of Production, Supply, Distribution And Sale ) Act, 1988State Act of West Bengal · Act 25 of 1988

(1) The Director of Sericulture, West Bengal, may,— Suspension

(a) without prejudice to any punishment under section 15, after or ti cancellaon of giving the -person concerned a reasonable opportunity of licence, being heard and after being satisfied that such person has forfeiture of property and contravened the provisions of section 3 or section 8 or penalty, etc.

section 9 or section 10, suspend or cancel the licence granted to such person;

(b) after giving the person concerned a reasonable opportunity of being heard, direct that any—

(i) silkworm seed, cocoon or silk yarn or any receptacle, apparatus, package or cover containing the same or any other article in respect of which such person has contravened any of the provisions of this Act or the rules made thereunder, shall be forfeited to the State Government, and

(ii) such person shall pay a penalty up to five thousand rupees but not exceeding the value of the property in relation to which the provisions of this Act or the rules made thereunder have been contravened.

197 The West Bengal Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1988.

[West Ben. Act (Sections 19-23.)

(2) No person on whom any penalty is imposed under sub-clause (ii) of clause (b) of sub-section (1) shall be liable for prosecution in respect of the same facts for an offence under this Act.

(3) Any person aggrieved by the order of suspension or cancellation of licence or forfeiture of property or imposition of penalty under subsection (1) may appeal to the Sub-divisional Judicial Magistrate having jurisdiction within such time and in such manner as may be prescribed, and the decision of the Sub-divisional Judicial Magistrate on such appeal shall be final.

Composition 19. (1) Any offence punishable under this Act may be compounded of offences. by the Director of Sericulture, West Bengal, or such other officer as may be prescribed, on payment of such amount, not exceeding the amount of fine payable for such offence, as may be determined by the Director or such other officer.

(2) On the composition of an offence under sub-section (1), the person concerned, if in custody, shall be discharged and if proceedings in any criminal court have been instituted against such person in respect of the offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.

Competence of court to try and to take cognizance of, an offence.

Protection of action taken in good faith.

Officers to be deemed public servants.

Development and Price Stabilisation Fund.

Where this provision sits

ActThe West Bengal Silkworm Seed, Cocoon And Silk Yarn ( Regulation Of Production, Supply, Distribution And Sale ) Act, 1988
Section18
JurisdictionState of West Bengal
StatusIn force as published by the source

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