Amendment status not verified — confirm the current text below against the official source.
Subs. by section 5 ibid. 265 [The Uttar Pradesh Regulation of Cold Storages Act, 1976] [Section 34-38] Duplicate receipt 34- If a receipt is lost, destroyed, torn, defaced, or otherwise becomes illegible, the licensee shall, on an application made by the hirer and upon payment of the prescribed fee, issue a duplicate receipt subject to such conditions, if any, as may be prescribed. CHAPTER VII Tribunal Constitution of Tribunal 35- There shall be a Tribunal consisting of the following members, namely :- (a) the Agricultural Marketing Adviser to the Government of India, who shall be the Chairman; (b) the Legal Remembrance to the Government of Uttar Pradesh or an Officer of his department nominated by him not below the rank of Joint Legal Remembrance; (c) the Secretary to the Government in the Agriculture Department or an officer of that department nominated by him not below the rank of Joint Secretary. Appeal 36- Any person aggrieved by an order of the Licensing Officer refusing to grant a licence under sub-section (2) of section 6, or refusing to renew it under sub-section (2) of section 7 or suspending or canceling it under sub-section (1) of section 8, or refusing permission under section 9, or deciding a dispute referred to in sub- section (1) of section 14 or in sub-section (1) of section 25, may prefer an appeal to the Tribunal within thirty days from the date of communication of such order, and the decision of the Tribunal thereon shall be final. CHAPTER VIII Penalties and Procedure Penalty 37- Whoever contravenes any provision of this Act or any rule, order or direction made thereunder shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both. offences by companies 38- (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable 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 offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any managing agent secretary, treasurer, director, manager or other officer of the company, such managing agent, secretary, treasurer, director, manager or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 266 [The Uttar Pradesh Regulation of Cold Storages Act, 1976] [Section 39-43] Explanation-- For the purpose of this section -- (a) "Company" means any body corporate, and includes a firm or other association of individuals; and (b) "Director" in relation to a firm, means a partner in the firm. Cognizance of offence 39- (1) Every offence punishable under this Act shall be cognizable. (2) No court inferior to that of a Magistrate of the first class shall try any such offence. CHAPTER IX Miscellaneous Power of Licensing Officer 40- The Licensing Officer may- (a) require any licensee to furnish such information as he may specify in respect of the cold storage owned or run by such licensee; (b) enter upon and inspect or cause to be inspected any cold storage, its machinery and equipment, goods stored therein, and the account books and records relating thereto, for the purpose of satisfying himself that the requirements of this Act and the rules made thereunder are being complied with; (c) collect samples of agricultural produce stored in any cold storage and get them analysed, examined or tested in any laboratory selected for the purpose. Protection of acts in good faith 41- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules made thereunder. Savings as to orders 42- No order made in exercise of any power conferred by or under this Act, shall be called in question in any court. Effect of Act and Rules, etc. inconsistent with other enactments and instruments 43- The provision of this Act or any rule made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any contract, or in any other instrument having effect by virtue of any enactment other than this Act. 267 [The Uttar Pradesh Regulation of Cold Storages Act, 1976] [Section 44-46] Directions by State Government 44- In the discharge of his duties under this Act, the Licensing Officer shall carry out such directions of the State Government on matters of policy as may be issued by the State Government from time to time suo motu or on the advice of the Board. 44-A [***]1 Rules 45- (1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act, including any rules prescribing fees in respect of any proceeding under this Act. (2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of not less than thirty days comprised in its one session or more than one successive sessions, and shall, unless some later date is appointed take effect, from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. Repeal and savings U. P. Ordinance 7 of 1976 46- (1) The Uttar Pradesh Regulation of Cold Storages Ordinance, 1976, is hereby repealed. (2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Regulation of Cold Storages Ordinance, 1975 by the Ordinance mentioned in sub-section (1) anything done or any action taken under the said Ordinances shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force at all material times.