Chapter VI Offences and Penalties

(1) Any person carrying on the business of a dealer, hotel-keeper or travel agent without proper registration under this Act or in violation of any of the provisions of this Act or the Rules made thereunder shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-. Explanation.- A person who has made an application within the prescribed period and which is pending disposal shall not be a defaulter for the purposes of this section.

If any person required to make a statement under this Act or the rules made thereunder wilfully makes a false statement or suppresses a material fact with an intention to mislead the prescribed authority, he shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-.

Any person who lends, transfers or assigns the certificate issued under this Act, shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-.

(1) Any person registered under this Act, shall, at all times on demand, produce and show his certificate or any other document required under this Act or the Rules made thereunder to the prescribed authority or any officer authorised by him in this behalf. (2) Any person who refuses on demand to show his certificate or document, or allow it to be read by any of the persons authorised to demand it, shall be punishable by the prescribed authority with fine not exceeding Rs. 500/-.

If any dealer, hotelkeeper, travel agent or any other person to whom this Act may be made applicable, commits a malpractice or contravenes any other provisions of this Act or the Rules made thereunder in a tourist area for which no specific penalty has been provided, he shall be punishable by the prescribed authority with fine which may extend to Rs. 1,000/-.

If any person wilfully obstructs or offers any resistance to, or otherwise interferes in the discharge of the functions of the prescribed authority or any officer authorised by him exercising any power, or performing any duties conferred or imposed upon it or him by or in pursuance of this Act or the Rules made thereunder, he shall be liable to punishment with imprisonment which may extend to three months or with fine not exceeding Rs. 100/- or with both.

(1) Any person committing a breach of any of the provisions of the Act or the Rules made thereunder for which he has been once punished with fine by the prescribed authority under any of the provisions of this Chapter, shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 5000/- or with both. (2) No prosecution shall be instituted against any person for any offence under this Act except on a complaint made by the prescribed authority. (3) Any fine imposed under this Chapter shall be recovered as if it were a fine recoverable under the provisions of the Code of Criminal Procedure, 1973.

The prescribed authority shall have all the powers of a Civil Court, under the Civil Procedure Code, 1908 while hearing any application under this Act in respect of the following matters, namely:- (a) summoning and enforcing attendance of the complainant or the person against whom complaint is made under this Act and witnesses required in connection therewith; (b) compelling the production of any document, and (c) examining witnesses on oath - and may summon and examine suo moto any person whose evidence appears to be material.

(1) Subject to such conditions as may be prescribed, the prescribed authority may accept from any person accused of an offence under this Act or the Rules made thereunder, other than an offence under section 27 of the Act, such sum of money, as may be prescribed, by way of composition for such offence and may, out of the money so received, compensate the person against whom the offence has been committed to the extent the prescribed authority deems reasonable. (2) On the composition of the offence, no further proceeding in respect thereof shall lie.