Provided further that no penalty shall be imposed under this section without giving the person  concerned a reasonable opportunity of being heard.

 (2)  Any person aggrieved by an order made under sub-section (1) may prefer an appeal against such order to the Managing Director within fifteen days from the date of receipt of order by such person and the decision of the Managing Director thereon shall be final. 

.[1][51. Recovery of market dues.-  Whenever any person is convicted of any offence punishable under this Act the Magistrate shall in addition to any fine which may be imposed, recover and pay over to the market committee the amount of fees  or any other amount due from him under this Act or rules or byelaws made thereunder and may, in his discretion, also recover and pay over  to the market committee costs of the prosecution.] 

52.  Cognizance of offences.-   (1) No court inferior, to that of a Magistrate of the second class shall try any offence under this Act or any rules or bye-laws made thereunder. 

[2][(2) No court shall take cognizance of any offence punishable under this Act or any rule or any byelaws made thereunder except on the complaint made by the Collector or the Chairman, Vice-Chairman or Secretary of the Market Committee or of any person duly authorized by the market committee in this behalf.]


 

[1] Subs. by M.P. 18 of 1979[7.6.79] for the following:-

    "51. Recovery of licence fee and payment of fine to market committee. - (1)  Whenever any person is convicted of an offence under this Act, or the rules or bye-laws made thereunder, the Magistrate shall in addition to any fine that may be imposed, recover and pay over to the market committee the amount of fee chargeable for the licence and other fees payable on the agricultural produce or otherwise.

    (2)  All fines imposed by a court under the provisions of this Act or any rule or bye-law made thereunder for offences committed in the market area shall be credited to the revenues of the State and the total amount so credited during any financial year shall be contributed by the State Government to the market committee fund".

[2] Subs. by M.P. 18 of 1979 [7.6.79] for the following:-

"(2) No court shall take cognizance of any offence punishable under this Act or any rule or any bye-law made thereunder except on the complaint made by the Chairman, Vice-chairman or Secretary of the market committee or of any person duly authorised by the market in this behalf."


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