Control of Prices Act, 1937

Offences in relation to prices certificates.

40.—(1) Whenever—

(a) a price certificate in relation to a kind of a commodity is for the time being in force, and

(b) such certificate certifies a price as a reasonable price to be charged for such kind of such commodity when sold in the area to which such certificate applies under the conditions specified in such certificate, and

(c) a copy of such certificate has been duly served on the person named therein,

it shall not be lawful for such person to sell or offer for sale such kind of such commodity in such area under such conditions at a price in excess of such price.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding five pounds, and in the case of a second or any subsequent offence to a fine not exceeding ten pounds, or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

(3) In any proceedings for an offence under this section the production of a price certificate purporting to be signed by the Controller shall be primâ facie evidence that such certificate was validly made in all respects and was signed by the Controller.

(4) Proceedings for an offence under this section shall not be instituted except with the consent of the Commission.