You may collect first all the documents from RTI and then can file a PIL in the High Court, you can not file a FIR since you do not have any locus.
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Illegal commercial acts
FACTS OF THE CASE: 1.There is a fire safety training school at our property,which is a partnership firm & it MANUFACTURES/REPAIRS/REFILLS fire extingishers & other fire safety products ILLEGALLY & SECRETLY SELLS THEM. 2.It also carries out installation of fire safety devices commercially & provides commercial fire safety services at fairs festivals & events,all of them CLANDESTINELY. 3.It has a website,which it has shut down recently(but i have the contents)where it has detailed its activities & named some of its clients.It has cited its commercial & industrial activities there. 4.It is cited on various commercial sites as a verified supplier of fire safety products(I ve the prints).I also have a xerox copy of refilling of a cylinder for a price(BILL). 5.The institution is NOT REGISTERED with the COMMERCIAL TAXES DEPT.It is not registered under the Odisha Commercial Shops & Establishment act & it doesnt even possess a TRADE License from the local municipality. 6.It was not registered with the erstwhile Service Tax Dept./Central Excise My queries are- 1.What are offences committed by the firm specific to the COMMERCIAL ACTIVITIES last 20 years & under what laws/Sections of IPC are they punishable. 2.Is it legal to maintain a website for illegal commercial activities & under what IT/other laws/Sections of law is it punishable. 3.Where should I file complaint-Court/Police/Specific authorities or all & under what law/sections should I ask for punishment? 4..Its not possible to collect receipts of sale from its customers because I cant know them.So what points should I present in my complaint & ask for what laws/sections to be invoked?
Asked 8 years ago in Civil Law
7 Answers
In case establishment is not having trade licence penalty would be imposed on the establishment
2) Central Excise is a duty on the manufacture or production of all excisable goods in India. ..... addition to the penalty, the goods manufactured without registration can also be confiscated
3) case a manufacturer or producer liable to pay Central Excise does not obtain Central Excise Registration, a penalty of upto Rs.10,000 and/or imprisonment of upto 7 years can be imposed. Therefore, it is important for Entrepreneurs involved in manufacturing or production to know about their Central Excise liability and maintain compliance.
Hii, you can file a police complaint under section 285, 269,270IPC..the sections relates to handling of fire combustible materials without proper safeguard manuals and and carrying out activities hazardous to human health and environment ..2) provide all the facts to local police station and lodge a FIR against it
1. You can prefer complaint with the local civic body about this citing that they are doing illegal business without licence and also it cases lot health hazard issues and request to take proper legal action on it.
2. Maintaining website cannot be illegal, but it should not contain objective contents then it is liable to answer.
3. You can make the complaint with municipal authorities.
4. You make the complaint based on the points you rely upon.
5.The institution is NOT REGISTERED with the COMMERCIAL TAXES DEPT.It is not registered under the Odisha Commercial Shops & Establishment act & it doesnt even possess a TRADE License from the local municipality. 6.It was not registered with the erstwhile Service Tax Dept./Central Excise My queries are- 1.What are the offences committed under the acts mentioned & what under what IPC sections are they punishable? 2.On the website,the details of its (illegal)commercial activities & industrial. are SPECIFIED.Is it legal to maintain a website for illegal commercial activities & under what specific IT/other laws/Sections of law is it punishable?
Asked 8 years ago
if it carries on business without trade licence it would be punishable under provisions of Odhisa commercial shops and establishment act
2)if ti was carrying on manufacturing activity without excise licence draw attention of the authorities to said fact
3) show cause notice would be issued to manufacturer
4)Rule 25 Central excise Rules . Confiscation and penalty. -
(1) Subject to the provisions of section 11AC of the Act, if any producer, manufacturer, registered person of a warehouse or a registered dealer, -
(a) removes any excisable goods in contravention of any of the provisions of these rules or the notification issued under these rules; or
(b) does not account for any excisable goods produced or manufactured or stored by him; or
(c) engages in the manufacture, production or storage of any excisable goods without having applied for the registration certificate required under section 6 of the Act; or
(d) contravenes any of the provisions of these rules or the notifications issued under these rules with intent to evade payment of duty,
then, all such goods shall be liable to confiscation and the producer or manufacturer or registered person of the warehouse or a registered dealer, as the case may be, shall be liable to a penalty not exceeding the duty on the excisable goods in respect of which any contravention of the nature referred to in clause (a) or clause (b) or clause (c) or clause (d) has been committed, or [rupees two thousand], whichever is greater.
(2) An order under sub-rule (1) shall be issued by the Central Excise Officer, following the principles of natural justice
1. what you say is correct, but it is a fraud against government, so you can make complaint with the relevant authorities, they will prosecute the offender
2. a complaint on the above lines for this can be made
It is the government who will take action on them, if they have not complied with the statutory provisions then they are liable under the provision of shops and establishment act.
Your duty is to inform the govt. with regards to such malpractices and even then if the govt. fails to act on your request, you may to the HC and file PIL.
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