LexThe west bengal black marketing act, 1948
West Bengal · state statute
Open in Lexace · Ask the AI about this actGovernment of. West Bengal Judicial and Legislative (Legislative) Department West Bengal Act Mil of 1948 The West Bengal Black Marketing Act, 1948 Superintendent, Government Printing West Bengal Government Press, Alipore, West Bengal 1948 Price—Indian, annas 6; English, 8d. THE WEST BENGAL BLACK MARKETING ACT, 1948 (WEST BENGAL ACT XXXII OF 1948). SECTION. 1. Short title, extent and commencement. 2. Definition, 3. Offence of black marketing and penalty. 4. .Prohibition of carryin g on Ifusiness in certain cases. 5. Vi-Carious liability. 6. Attempts and abetments. 7. Abetment by public. servants. 8. Bond by convicted person. 9. Security for good behaviour in certain cases. 10. Offences under the Act to be cognizable and non-bailable. 11. Special provision regarding bail. 12. Cases triable by Special Tribunals. 13. Constitution of Special .Tribunals. 14. Procedure and powers of Special Tribunals. 15. Appeal and' revision. 16. Bar of certain jurisdiction. 17. Burden of proof in certain cases. 18. Accused person to be competent witness. 19. Special procedure for trial in the absence of accused persons. 20. Notice of conviction to be displayed in or outside shops. published in the Gazette, etc. 0 Magistrat e of the first class. tion 21 21. Particulars of conviction to be 22. Offences under section 2 or sec triable by a Presidency Mag,istrate or a 23. Externment of persons convicted. 24. Failure to comply with the order of externment. 25. Indemnity. 26. Continuanc e of action taken under West Ben al Rule making power. ga Ordinance VI of 1948. CONTENTS. West Ben. Ord. VI of 1918. VI of 1948. West Bengal Act XXXII of 1948 THE WEST BENGAL BLACK MARKETING ACT, 1948. [Passed by the West Bengal Legislature.] [Assent of the Governor-General was first published in the Calcutta Gazette, Extraordinary, of the 17th October, 1948.] An Act to make special provision for checking black marketing. WHEREAS it is expedient to make special provision for checking black marketing; It is hereby enacted as follows:- 1. (1) This Act may be called the West Bengal Black Short title, Marketing Act, 1948. extent and coin (2) It extends to the whole of West Bengal. nuance- (3) It shall come into force on the date on which the went. West Bengal Black Marketing Ordinance, 1948, ceases to operate. 2. In this Act, the expression "Black Marketing" Definition. means,— (a) selling or purchasing for purposes of trade any goods at a greater price than the maximum price fixed, by or under any law, notification or order for the time being in force, for the sale of such goods; (b) otherwise than in accordance with any law, notifi- cation or order for the time being in force, selling or disposing of, or supplying articles declared to be rationed articles or otherwise rationed by or under any law, notification or order in force; (c) in contravention of any law, notification or order for the time being in force, supplying, distributing, selling, disposing of, or parting with the posses- sion or custody of, or offering to supply, distri- bute, sell, dispose of or part with the possession or custody of, or acquiring or taking into posses- sion goods or anything whatsoever, the supply, dis- tribution, sale, disposal, parting with the posses- sion or custody, acquiring or taking into posses- sion of which is prohibited or subject to restric- tions or conditions (including conditions as to price) by or under any law, notification or order for the time being in force; (d) storing, taking, causing, permitting or suffering delivery of goods upon any premises delivery upon which is prohibited by or under any law, notifica- tion or order for the time being in force; (e) otherwise than in accordance with any law, notifi- cation or order for the time being in force, pro- ducing, manufacturing, or treating any goods or thing the production, manufacture or treating of which is subject to restrictions or conditions by or under any law, notification or order for the time being in force; Y, 1948 ons. )e. 3ncy Magistrate or a Offence of black marketing and penalty. The West Bengal Black Marketing Act, 1948. [West Ben. Act . (Sections 3, 4.) (f) otherwise than in accordance with any law, notifi- cation or order for the time being in force, moving or purporting to sell or supply or purporting to acquire or take into possession for purposes of trade any goods or any thing whatsoever vested in His Majesty by or under any law, notification or order for the time being in force; (g) otherwise than in accordance with any law, notifi- cation or order for the time being in force, using, or dealing with any licence, permit, ration card, ration document, or ration coupon issued under any law, notification or order for the time being in force; (h) in contravention of any law, notification or order for the time being in force, making or uttering any counterfeit or forged licence, permit, ration card, ration document or ration coupon or doing any other act or thing in relation to any licence, permit, ration card, ration document or ration coupon issued under any law, notification or order for the time being in force, or in relation to any counterfeit or forged licence, permit, ration card,•, ration document or ration coupon .; (i) withholding from sale any article which has been prohibited from being so withheld by or under any law, notification or order for the time being in force. 3. (1) Whoever commits black marketing shall be punishable with imprisonment which may extend to seven years but shall not, except for reasons to be recorded in writing, be less than six months and shall also be liable to a fine. not ( be ) 2 The offence of blaketing der Act shll prosecuted without ck the mar sanction un of the this Provinci a al Government. (3) In addition to any other punishment, the Court before which a person is convicted of the offence of black marketing shall order the forfeiture to His Majesty of the goods or things (if any) in respect of which the offence of black marketing was committed or an equivalent quantity of the same or like goods or things belonging to the convict- ed person, or of a sum of money representing their value at the time of the order of forfeiture. Prohibi- tion of carrying on busi- ness in certain cases. 4. (1) On the third or any subsequent occasion on which a person is found guilty of an offence of black market- ing the Provincial Government may make such order, having effect during such period as the Provincial Government thinks fit, for preventing the offender carrying on or being concern- ed in any manner directly or indirectly with the carrying on of the business in the course of which the transaction constituting; the offence of black marketing was effected, or any branch of that business or any business or branch of business of a similar character. . . • Act XLV of 1860. The West Bengal Black iMarketing Act, 1948. 3 XXXII of 1948.] (Sections 5-8.) (2) If any person contravenes an order made under this section he shall be punishable with imprisonment of either description for a term which may extend to six months and shall also be liable to fine. (3) No Court shall take cognizance of an offence under sub-section (1) unless upon a complaint made by order of or under authority from the Provincial Government. 5. (1) Where a person guilty of the offence of black marketing is a body corporate, every person who, at the time of the commission of the offence, was a director, officer or servant actively concerned in the conduct of the business of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge and that he used all due diligence to prevent the commission of the offence or of offences of the same character. (2) Where the offence of black marketing is committed by a firm, each partner, secretary or principal officer or agent thereof shall, unless the contravention took place without his knowledge and he exercised all due diligence to prevent such contravention, be deemed to be guilty. 6. Any person who attempts or abets the commission of an offence of black marketing shall be deemed to have com- mitted the offence of black marketing : Provided, however, that the purchase of any goods for a purpose other than that of trade shall not by itself amount to abetment of black marketing. 7. Any public servant as defined in the Indian Penal Abetment Code who by any dereliction of duty facilitates the commis- by public sion of the offence of black marketing by any person shall servants. be deemed to have abetted the commission of the said offence within the meaning of section 6 unless he proves his innocence. Vicarious liability. Attempts and abet- meats. YY 8. (1) Where a person is convicted of an offence punishable under this Act, the Court before which he is convicted may, in addition to any punishment provided for the offence, order him to execute a bond for a sum propor- tionate to his means with or without sureties to observe the provisions of the law, as in force in relation to which the offence was committed, for a period not exceeding three years. (2) If any person fails to comply with an order of the Court requiring him to execute a bond, the Court may order him to be put in prison for any term not exceeding twelve months to commence at the expiration of any term of imprisonment to which he was sentenced on his conviction. (3) If any person who has executed a bond under sub- section (1) commits a breach of the condition specified in the bond his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court concerned why such penalty should not be paid. Bond by convicted person. The West Bengal Black Marketing Act, 1948. Security 9. Whenever a Chief Presidency Magistrat e or District for good Magistrat e or a Presidency Magistrat e or Magistrat e of the in certain behaviour first class specially empowered by the Provincial Govern- eases. went in this behalf, has information that there is within the limits of his jurisdictio n any person who within or with-out such limits transports foodstuff in contraventio n of an order made or deemed to have been made under the Essential xx iv Supplies (Temporary Powers) Act, 1946, such Magistrat e if of 1946. in his opinion there is such sufficient ground for Proceeding may require such person to show cause why he should not be ordered to execut e a bond with or without its for his good behaviour for bond with not exceeding one year as the Magistrate thinks fit to fix and thereafte r the provisions of Chapters VIII and XLII of the Code of Criminal Proce- Act v dure, 1898, shall apply in such cases. of 1898 Any contravention of the order under the Supplies (Temporary Powers Essential ) Act, 1946, committed after forfeitur e of the bond. the execution of such bond shall be deemed to constitut e a 10. Any offence punishable under this Act shall be cognizabl e and non-bailable. (Sections 9-12.) [West Ben. Act Offences under the Act to be cognizable and non- bailable. Special 11. Notwithstanding anything contained in the Code of provision Criminal Procedure, 1898, no person accused in a trial before regarding bail. or convicted and sentenced to imprisonme nt by a Tribunal constituted under this Act of an offence shall be released on bail or on his own bond unless— (a) the prosecution has been given an opportunity to oppose the applicatio n for such release, and (b) where the prosecution opposes the application, the Tribunal is satisfied that there are reasonable ground s for believing that he is not guilty of the offence. Cases 12. (1) The Provincial Government may, from time to tri-tble time by notificatio n in the Official Gazette, allot cases for by ecial Tribunals. trial to each Special Tribunal, and may also from time to time by like notification transfer any case from one Special Tribunal to another or withdraw any case from the juris- diction of a Special Tribunal or make such modification s in the descriptio n of a case (whether in the names of the accused or in the charges preferred or in any other manner) be considered necessary. as may (2) The Special Tribunals shall have jurisdictio n to try the cases for the time being respectively allotted to them under sub-section (1) in respect of such of the charges as may be preferred against the several accused and any such case which is at the commencement of this Act or at the time of such allotment peding before any Court or another Special Tribunal shall bend eemed to be transferred to the Special Tribunal to which it is so allotted. The West Bengal Black Marketing Act, 1948. 5 XXXII of 1948.] (Sections 13, 14.) 13. (1) The Special Tribunal constituted under this Act shall consist of three persons each of whom shall be a person who— (a) is or has been a Judge of a High Court or a Sessions Judge or an Additional Sessions Judge; or (b) is qualified for appointment as a Judge of a High Court : Provided that the appointment to a Special Tribunal of any perSon not qualified under clause (a) shall be made in consultation with the High Court. (2) The Provincial Government shall appoint one of the members to be the President of the Special Tribunal. Constitu- tion of Special Tribunals. 14. (1) A Special Tribunal may take cognizance of Procedure offences without the accused being committed to it for trial, and and in trying accused persons shall follow the procedure powers of prescribed by the Code of Criminal Procedure, 1898, for the Tribunals. Act V of 1898. trial of warrant cases by Magistrates : Provided that a Special Tribunal may, for reasons to be recorded in writing, refuse to summon any witness if satis- fied after examination of the accused that the evidence of isuch witness will not be material, and shall not be bound to adjourn any trial for any purpose, unless such adjourn- ment is in its opinion necessary in the interest of justice : Provided further that for the purpose of sub-section (1) of section 356 of the said Code, English shall be deemed to be the language of the Court and the Tribunal may decide by which one, if any, of its members the evidence of any or all of the witnesses shall be taken down in writing, and where under the provisions of that sub-section the evidence of witnesses is taken down under the direction and superin- tendence of the Tribunal but not by a member thereof, the provisions of sub-section (3) of section 356 shall not apply. (2) Notwithstanding anything contained in section 13 any two members of a Special Tribunal may proceed with the trial of a case during the temporary and unavoidable absence of the third member : Provided that all three members shall be present when after the evidence has been concluded the prosecutor or the accused or his pleader is addressing the Special Tribunal and when the judgment in the case is delivered. (3) Save as provided in sub-section (1), the provisions of the Code of Criminal Procedure, 1898, except the provision of section 196A and of Chapter XXXII', shall, so far as they are not inconsistent with this Act, apply to proceedings of a Special Tribunal; and for the purposes of the said provisions the Special Tribunal shall be deemed to be a Court of Session, trying cases without a jury, and a person conducting a prosecution before a Special Tribunal shall be deemed to be a Public Prosecutor. Bar of certain jurisdic- tion. Burden of proof in certain cases. 6 The West Bengal Black Marketing Act, 1948. [West Ben. Act Appeal and revision. Accused person to be competent witness. (Sections 15-18.) (4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and rehear any witness -who has given evidence, and it may act on the evi- dence already recorded by or produced before it. (5) In of tha Special e event of any difference of opinion among the shall prevail. members Tribunal the opinion of the majority (6) A Special Tribunal may pass any sentence authorised by law. 15. The High Court may, subject to the provisions of section 16 regarding the transfer of cases, exercise, so far as they may bbe applicable, all the powers conferred by Chapters XXXI and XXXII of the Code of Criminal Act V of Procedure, 1898 on a High Court, as if the Special Tribunal 1898' were a Court of Session trying cases without a jury within the local limits of the High Court's jurisdiction. 16. No Court shall have authority to transfer any case from a Special Tribunal, or, save as provided in section 15, have any jurisdiction of any kind in respect of any pro-ceedings of a Special Tribunal. 17. When any person is prosecuted for an offence of black marketing, in respect of an act or being in possession of a thing with out lawful authorit or licence or ot r document, the burden of proving that he had without a permit, such author], permit, licence or other document, shall be on him. 18. Any person charged with an offence of black market- ingall be a competent witness, for the defence, and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that— (a) he shall not be called as a witness except on his own request; (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial ; (c) he shall not be asked, and if asked shall not be required to answer any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless— (i) the proof that he has committed or been convicted of such offence is admissible evidence to show is charged, or that he is guilty of the offence with which he The West Bengal Black Marketing Act, 1948. 7 XXXII of 1948.] (Sections 19, 20.) (ii) he has personally or by his pleader asked ques- tions of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or (iii) he has given evidence against any other person charged with the same offence. 19. (1) Where any accused, in a trial before a Court under this Act, is, for any reason incapable of appearing or fails to appear before the Court, or resists his production before the Court, or behaves before the Court in a persistently disorderly manner, the Court may, for reasons to be recorded in writing, at any stage of the trial, by order in writing made after such inquiry as it thinks fit, dispense with the attendance of such accused for such periods as it may think fit, and proceed with the trial in the absence of the accused. (2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty. (3) An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or of being present in person if he has become capable of appearing, or appears before the Court and undertakes to behave in an orderly manner. Act V of (4) Notwithstanding anything contained in the Code of 1898. Criminal Procedure, 1898, no finding, sentence or order passed in such trial shall be held to be illegal by any Court by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attend- ance has been dispensed with under sub-section (1). 20. (1) Upon the conviction of any person for the offence of black marketing, the Provincial Government may require that person to exhibit in or outside or both in and outside his place of business (if any), notices of such number, size and lettering, in such positions and containing such parti- culars relating to the conviction as the Provincial Govern- ment determines and to keep them so exhibited continuously for a period of not less than three months from the date of conviction; and the person shall comply fully with that requirement; and if he fails to do so, shall again be guilty of the offence of black marketing. (2) If any such person refuses or fails to comply with any such requirement, any officer authorised in that behalf by an order in writing passed by the Provincial Government may, without prejudice to any proceedings arising out of any such Special procedure for trial in the absence of accused persons. Notice of conviction to be displayed in or outside shops. 111111111 8 The West Bengal Black Marketing Act, 1948. [West Ben. Act (Section 21.) refusal or failure, affix the notices in or outside or both in and outside the place of business in accordance with the re- quirement of the Provincial Government in pursuance of the last preceding sub-section. (3) Any person who obstructs any such officer in exercise of any power conferred by this section shall be deemed to have committed an offence under section 353 of the Indian Penal Act XIX Code. of 1860. (4) The notices shall be headed with the words "Black Marketing Act, 1948" in bold letters and shall be prepared in such a manner as to be easily legible to persons contemplating making any purchases or conducting any business at the place of business where they are affixed. (d) If the Provincial Government is satisfied that the exhibition of notices in accordance with the requirements of 'the foregoing provisions of this section would not be effective to bring the fact of the conviction to the notice of persons dealing with the convicted person, the Provincial Government may, in lieu of or in addition to making any such requirement, require the convicted person to print or cause to be printed on the letter-heads to be used by him in connection with his business during a period of not less than three months from the date of the conviction, a notice headed "Black Marketing Act, 1948" in bold type and of such size, and lettering, in such position and containing such particulars relating to the conviction as the Provincial Government determines ; and the convicted person shall comply fully with that requirement, and if he fails to do so, shall again be guilty of the offence of black marketing, 1 parti- culars of conviction to be published in the Gazette, etc. 21. (1) Particulars relating to the conviction of any person for an offence against this Act shall be published in the Official Gazette. (2) If the Provincial ;Government is satisfied that it is necessary so to do, in order to give adequate publicity to the offence of black marketing committed by any person, it may issue a press note containing as full and adequate an account of the trial and conviction of any such person as is reasonable in all the circumstances; and it shall be the duty of every Editor, Printer and Publisher of such newspaper in West Bengal as the Provincial Government may direct to publish the full text of such press note. (3) If any Editor, Printer or Publisher of such a newspaper contravenes the provisions of sub-section (2), he shall, on a complaint made by order of or under authority from the Provincial Government, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. The 'West Bkitgal slack Marketing Act, 1948. West Ben. Ord. VI of 1948. Xik111-of 1948.] (Sections 22-27.) 22. Offences under section 20 or section 21 shall be triable BY a presidency Magistrate or a Magistrate of the first class. 23. Where any person is convicted of the offence of black marketing the Provincial Government may, if it thinks fit, by an order in writing duly served upon such person, direct that such person after the expiry of his sentence shall remove himself from such area and within such time and by such route as may be specified in the order and not to return thereto for a period to be specified in the or der without written permission of the Provincial Government : Provided that a person who and whose father were born in the Province of West Bengal or who is a member of a family which has definitely settled in that province and is himself so settled shall not be directed to remove himself beyond the boundaries of the Province of West Bengal. 24. Any person who having been directed by an order made and served on him under section 23,— (a) fails to remove himself from any area directed by such order, or (b) having removed himself from such area returns thereto in contravention of such order may be arrested without a warrant by any police officer, and— (i) may be removed in police custody outside such area, or (ii) on conviction before a . Magistrate shall be punished with imprisonment for a term which may extend to two years or with fine or with both. - 25. No suit, prosecution or legal proceedings whatever shall lie against any person in respect of anything which is, in good faith, done or intended to be done under this Act. 26. Any rule, order o appointment made or any notifica- tion issued or anything done or any penalty, forfeiture or punishment incurred or imposed or any action taken or any proceedings commenced in exercise of any power conferred by the West Bengal Black Marketing Ordinance, 1948, shall, on the said Ordinance ceasing to be in operation, be deemed to have been made, issued, done, incurred, imposed, taken or commenced in exercise of the powers conferred by this Act as if this Act had commenced on the 1st day of January, 1948. 27. The Provincial Government may make rules for carrying out the purposes of this Act. WBGP-18/9 27283A-2,500. Offences under section 20 or section. 21 triable by a Presidency Magistrate • or a Magis- trate of the first class. Extern- went of persons convicted. Failure to comply with the order of extern- ment. Rule making power. Indem- nity. Continu- ance of action taken under West Bengal Or- dinance VI of 194S.