(1) Notwithstanding anything contained in Section 38, if from the instantly received evidence, the producer, carrier, hoarder, importer, seller of goods or service provider is found to have committed any offence, in the course of market monitoring, inspection, inquiry, the Inspection Officer may impose the fine as follows:
(a) From five thousand to twenty thousand rupees if the offence referred to in clause (d) of Section 38 is committed, or caused to be committed,
(b) From two hundred thousand to three hundred thousand rupees if the offence referred to in clause (e) of Section 38 is committed, or caused to be committed,
(c) From fifty thousand rupees to one hundred thousand rupees if the offence referred to in clause (h) of Section 38 is committed or caused to be committed,
(d) From fifty thousand to one hundred thousand rupees if the offence referred to in clause (k) of Section 38 is committed, or caused to be committed,
(e) Up to twenty thousand rupees if the offence referred to in clause (m) of Section 38 is committed, or caused to be committed.
(2) If the offence referred to in sub-section (1) is committed frequently, double fine shall be imposed for commission of the offence each time.
(3) The Inspection Officer shall have to inform the Department within three days by revealing all the details including the cause to impose the fine instantly and the amount charged thereof.
(4) The Inspection Officer may take the following actions against the producer, carrier, hoarder, importer or seller of such goods who does not pay or submit such fine within seven days from the date of the decision made to fine instantly pursuant to sub-section (1):
(a) keeping such goods sealed until the fine is paid,
(b) withholding such other goods as well as to be produced, transported, hoarded, imported or sold by the producer, carrier, hoarder, importer or seller of such goods until the fine is paid.
(5) If one is not satisfied with any act of the Inspection Officer under this Section, an application may be made to the Director General of the Department within seven days for the review of the matter.
(6) The Director General of the Department shall have to make a decision in this regard within twenty-one days after examining whatever or whoever is to be examined upon the application made against the decision by the Inspection Officer pursuant to sub-section (5).
(7) While making an application for the review, fifty percent of the fine imposed by the Inspection Officer shall have to be submitted as a cash deposit.
(8) The decision made by the Director General upon the application made for the review shall be final.
(9) Other procedures to be adopted regarding the instant imposition of fine by the Inspection Officer shall be as prescribed.