Chapter IV Chapter IV

Penalties and Punishments

1. (1) Whosoever contravenes Section 3,4,5,6,7, 8 and 9(3) of this Act or any rules, notification or order made under this Act shall be punished in the following manner:

1. (2) Whoever, in any manner aids, abets or becomes accessory to the commission of an offence under this Act shall, be punished as provided under sub-section (1) of this Section.

1. (1) If the person contravening any of the provision of this Act is a company, every person, who at the time of the commission of such offence, was in-charge of and responsible to the company for the conduct of the business of the company, as well as the company, shall be liable to be punished as per the provisions of this Act: Provided that nothing contained in this Act shall render any such person liable for punishment, if he proves that such act was committed without his knowledge or that he exercised all due diligence to prevent the commission of such act.
2. (2) Subject to provisions of Section 11(1) of this Act, where a company contravenes any provision of this Act it shall be presumed that such contravention has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of, the director(s), manager(s), secretaries or other officer(s) of the company and such director(s), manager(s), secretaries or other officer(s) shall also be liable to be punished.
3. (3) Where a company is an accused, provisions of Section 305 of Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable. Explanation - For the purposes of this Section -
   • (a) "company" means any 'body corporate' and includes a firm or other association of individuals, organizations etc.; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Notwithstanding anything contained to the contrary in the Code of Criminal Procedure, 1973 (No. 2 of 1974), all offences under the Act shall be tried in a summary way by a court not below the rank of Judicial Magistrate First Class and the provision of Section 262 to Section 265 (both inclusive) of the said Code shall as far as may be, apply to such trials. If any person is aggrieved by any order of the Court under this Section, then the provisions relating to appeal as per Criminal Procedure Code, 1973 (No. 2 of 1974) shall apply.,

1. (1) Any officer of the State Government or of the Local Authority, authorized by the State Government or, as the case maybe, by the local authority, in this behalf, may accept from any person who has committed the first and second offence under this Act, a sum of money by way of compounding of the offence as specified in the Table below:-

Contravention/Sections Sum of money to be accepted for compounding of an offence

1. (1) (2)

1. (2) On payment of such compounding amount, any person if in custody in connection with such offence shall be set at liberty forthwith and no proceeding shall be instituted or continued against such person in any criminal court.
2. (3) Where any offence has been compounded under sub-section (1) above, the offender shall be deemed to be acquitted under Section 300 of Criminal Procedure Code, 1973 (2 of 1974).