PENAL SECTIONS OF THE SALT ACT

[Prof. Dr. Yogendra Yadav]

Prof. Dr. Yogendra Yadav

Gandhian Scholar

Gandhi Research Foundation, Jalgaon, Maharashtra, India

Contact No. – 09415777229, 094055338

E-mail- [e-mail];[e-mail]

 

 

PENAL SECTIONS OF THE SALT ACT

 

 

Section 39 of the Bombay Salt Act which is practically the same as Sections 16-17 of the Indian Salt Act (XII of 1882), empowers any Salt-revenue officer to do the following among other things:

1. To enter any place where illicit manufacture is going on;

2. “In case of resistance, break open any door and remove any other obstacle to his entry upon or into such land, building, enclosed place or premises”;

3. To take possession of or destroy salt illicitly manufactured;

4. “To seize in any open space, or in transit, any article which he has reason to believe to be contraband salt and any package or covering in which such article is found and the other contents, if any, of such package or covering in which the same is found, and any animal, vessel or conveyance used or intended to be used in carrying the same”;

5. “To detain and search and, if he thinks proper, arrest any person, whom he has reason to believe to be guilty of any offence punishable under this or any other law for the time being in force relating to salt revenue, or in whose possession contraband salt is found”.

Section 50 of the Bombay Salt Act (in which Sec. 12 of the Indian Salt Act is incorporated) lays down that “All contraband salt, and every vessel, animal, or conveyance used in carrying contraband salt and All goods, packages and coverings in or among which contraband salt is found, and every apparatus, implement, utensil or material employed for the manufacture, excavation, collection, or removal of salt without a licence or for the purpose of utilizing natural salt or salt-earth contrary to any of the provisions of this Act or any rule made there under shall be liable to confiscation.”

Section 10 of the Indian Salt Act (Act XII of 1882) lays down that ‘‘Any person convicted of an offence under Section 9, after having been previously convicted of an offence under that section, or Section II of the Inland Customs Act, 1875, or under any enactment repealed by that Act, shall be punished with imprisonment for a term which may extend to six months, in addition to the punishment which may be inflicted for a first offence under Section 9, and every such person shall, upon every subsequent conviction of an offence under Section 9, be liable to imprisonment for a term which may extend to six months in addition to any term of imprisonment to which he was liable at his last previous conviction.”

Section 41 of the Bombay Salt Act makes it “incumbent on every village officer” to do the following among other things:

1. To communicate to some salt revenue officer of the rank of a Sarkarkun or a Daroga any information concerning offences under the Act;

2. ‘‘To interpose for the purpose of preventing and to prevent, by the use of all reasonable means within his power, the commission of any such offence”. Section 48A lays down among other things that any salt-revenue officer, ‘‘who is guilty of cowardice shall on conviction before a magistrate be punished with imprisonment which may extend to three months, or with fine which may extend to three months’ pay, or with both.”