Offences and Penalties.

§45

Summary

(1) Whoever,- (a) contravenes any provisions of section 6; or (b) voluntarily obstructs the authorised officer authorised under sub-section (1) of section 50 in carrying out inspection under clause (a), or holding an enquiry under clause (b) of the said sub-section; or (c) knowingly fails to comply with any requisition made or wilfully furnishes false return, statement, accounts, return or proceedings, under clause (c) or (d) of section 50; or (d) wilfully neglects or refuses to furnish any information or wilfully furnishes false information under section 51; or (e) wilfully obstructs the authorised officer referred in clause (b) from seizing or taking possession of books, records, funds or property of the Authority under section 52; or (f) aids or abets any person in the commission of any act specified in clauses (a) to (e) shall, on conviction, be punished,- (i) when the offence is under clause (a) or (b) with imprisonment for a term which shall not be less than three months but which may extent to three years or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with both; (ii) when the offence is under clauses (c), (d) or (e) with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both; (iii) when the offence is under clause (f) with same punishment as provided for the offence aided or abetted; (iv) when the offence under clause (a) or (b) is a continuing one after first conviction, with a further daily fine which shall not be less than one hundred rupees but which may extend to one thousand rupees per day during the period of continuance of the offence. (2) If it appears to the court taking cognizance of an offence under sub-section (1) on taking such evidences as it may deem necessary, that the accused person by himself or as an agent is carrying on the business of collecting, forwarding or distributing goods carried by goods carriages in any place in the control area other than in Truck Terminal in contravention of any provision of section 6, the court may order,- (i) that the transport vehicle be seized and kept in the custody of that Authority; or (ii) that the accused person shall not carry on such business in any place in the control area other than in the Truck Terminal in contravention of the provisions of section 6 until the complaint is finally disposed of. (3) Where any such accused person has been convicted for contravention of the provisions of section 6, the transport vehicle in respect of which any order is made under sub-section (2) may be forfeited to the State Government and in case where such person is acquitted or discharged, the transport vehicle if it seized and kept in the custody of the Authority, shall be returned to him.

(1) Whoever,- (a) contravenes any provisions of section 6; or (b) voluntarily obstructs the authorised officer authorised under sub-section (1) of section 50 in carrying out inspection under clause (a), or holding an enquiry under clause (b) of the said sub-section; or (c) knowingly fails to comply with any requisition made or wilfully furnishes false return, statement, accounts, return or proceedings, under clause (c) or (d) of section 50; or (d) wilfully neglects or refuses to furnish any information or wilfully furnishes false information under section 51; or (e) wilfully obstructs the authorised officer referred in clause (b) from seizing or taking possession of books, records, funds or property of the Authority under section 52; or (f) aids or abets any person in the commission of any act specified in clauses (a) to (e) shall, on conviction, be punished,- (i) when the offence is under clause (a) or (b) with imprisonment for a term which shall not be less than three months but which may extent to three years or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with both; (ii) when the offence is under clauses (c), (d) or (e) with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both; (iii) when the offence is under clause (f) with same punishment as provided for the offence aided or abetted; (iv) when the offence under clause (a) or (b) is a continuing one after first conviction, with a further daily fine which shall not be less than one hundred rupees but which may extend to one thousand rupees per day during the period of continuance of the offence. (2) If it appears to the court taking cognizance of an offence under sub-section (1) on taking such evidences as it may deem necessary, that the accused person by himself or as an agent is carrying on the business of collecting, forwarding or distributing goods carried by goods carriages in any place in the control area other than in Truck Terminal in contravention of any provision of section 6, the court may order,- (i) that the transport vehicle be seized and kept in the custody of that Authority; or (ii) that the accused person shall not carry on such business in any place in the control area other than in the Truck Terminal in contravention of the provisions of section 6 until the complaint is finally disposed of. (3) Where any such accused person has been convicted for contravention of the provisions of section 6, the transport vehicle in respect of which any order is made under sub-section (2) may be forfeited to the State Government and in case where such person is acquitted or discharged, the transport vehicle if it seized and kept in the custody of the Authority, shall be returned to him.

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