Lawgist24Penalties
1 [(1) If any person contravenes or attempts to contravene or abets the contravention of--
(i) the provisions of sub-section (1) 2 [or sub-section (4)] of section 10 or of sub-section (1) of section 11 or of section 11A or of sub-section (1) of section 13 3 [or of 4 [sub-sections (2), (2A), (2D), (2F) and (2G) of section 29B]], or
(ii) any direction issued under section 16 or sub-section (3) of section 18B, or
(iii) any order made under section 18G, or
(iv) any rule the contravention of which is made punishable under this section,
he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.]
(2) If the person contravening any of the said provisions is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention 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 provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (2), where an 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 is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes 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.
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1. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-10-1953).
2. Ins. by Act 67 of 1973, s. 3 (w.e.f. 7-2-1974).
3. Ins. by Act 71 of 1956, s. 4 (w.e.f. 1-3-1957).
4. Subs. by Act 4 of 1984, s. 4, for "sub-section (2) of section 29B" (w.e.f. 12-1-1984).
- 1 Short title, extent and commencement
- 2 Declaration as to expediency of control by the Union
- 3 Definitions
- 4 [Omitted.]
- 5 Establishment and constitution of Central Advisory Council and its functions
- 6 Establishment and constitution of Development Councils and their functions
- 7 Reports and accounts of Development Councils
- 8 Dissolution of Development Councils
- 9 Imposition of cess on scheduled industries in certain cases
- 10 Registration of existing industrial undertakings
- 10A Revocation of registration in certain cases
- 11 Licensing of new industrial undertakings
- 11A Licence for producing or manufacturing new articles
- 11B Power of Central Government to specify the requirements which shall be complied with by small scale industrial undertakings
- 12 Revocation and amendment of licences in certain cases
- 13 Further provision for licensing of industrial undertakings in special cases
- 14 Procedure for the grant of licence or permission
- 15 Power to cause investigation to be made into scheduled industries or industrial undertakings
- 15A Power to investigate into the affairs of a company in liquidation
- 16 Powers of Central Government on completion of investigation under section 15
- 17 [Omitted.]
- 18 Power of person or body of persons appointed under section 15 to call for assistance in any investigation
- 18A Power of Central Government to assume management or control of an industrial undertaking in certain cases
- 18AA Power to take over industrial undertakings without investigation under certain circumstances
- 18B Effect of notified order under section 18A
- 18C Contracts in bad faith, etc., may be cancelled or varied
- 18D No right to compensation for termination of office or contract
- 18E Application of Act 7 of 1913
- 18F Power of Central Government to cancel notified order under section 18A
- 18FA Power of Central Government to authorise, with the permission of the High Court, persons to take over management or control of industrial undertakings
- 18FB Power of Central Government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section 18A, section 18AA or section 18FA
- 18FC Power of Central Government to call for report on the affairs and working of managed company
- 18FD Decision of Central Government in relation to managed Company
- 18FE Provisions where Government decides to follow the course of action specified in section 18FD (1)
- 18FF Provisions where Government decides to follow the course of action specified in section 18FD (2)
- 18FG Preparation of inventory of assets and liabilities and list of members and creditors of managed company
- 18FH Stay of suits and other proceedings
- 18G Power to control supply, distribution, price, etc., of certain articles
- 19 Powers of inspection
- 20 General prohibition of taking over management or control of industrial undertakings
- 21 Certain administrative expenses of Development Councils to be paid from moneys provided by Parliament
- 22 Power of the Central Government to issue directions to Development Council
- 23 Decision of Central Government final respecting certain matters
- 24 Penalties
- 24A Penalty for false statements
- 25 Delegation of powers
- 26 Power to issue directions
- 27 Cognizance of offences
- 28 Burden of proof in certain cases
- 29 Jurisdiction of courts
- 29A Special provision regarding fines
- 29B Power to exempt in special cases
- 29C Protection of action taken under the Act
- 29D Debts incurred by the authorised person to have priority
- 29E Validation
- 30 Power to make rules
- 31 Application of other laws not barred
- 32 [Repealed.]
