Chapter VIII PENALTIES AND PROCEDURE

No disqualification in certain cases. No person shall be disqualified for being chosen as, or for being a member of the Karnataka Legislative Assembly or of the Karnataka Legislative Council by reason only of the fact that he is a Chairman or a director of the Board.

Joint and several liability of owners and occupies for offence in relation to water supply. If any offence relating to water supply is committed under this Act on any premises connected with the Board water works, the owner, the person primarily liable for the payment of the charges for water, and the occupier of the said premises shall be jointly and severally liable for such offence.

Penalty for obstructing contractor or removing mark. If any person,- (a) obstructs or molests any person with whom the Board has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue of or in consequence, of this Act or any rule or regulation made thereunder, or (b) remove any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any rule or regulation made or scheme sanctioned thereunder, he shall be punishable with fine which may extend to two hundred rupees.

Whoever contravenes any provisions of this Act or of any rule or regulation or scheme made or scheme sanctioned thereunder, or fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions shall, if no other penalty is provided for such contravention, be punishable,- (a) with fine which may extend to one hundred rupees; and (b) in the case of a continuing contravention, with fine which may extend to fifty rupees for each day after the first during which the contravention continues.

Prosecution and trial of offences. (1) No court shall take cognizance of any offence punishable under this Act or any rule or regulation or scheme made thereunder unless complaint of such offence is made by the Board or any officer authorised by it in this behalf within six months next after the commission thereof. (2) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.

Arrest of offenders. (1) Any police officer not below the rank of a head constable, may arrest any person who commits in his presence, any offence against this Act or any rule or regulation or scheme made thereunder, if the name or address of such person be unknown to him and if such person on demand declines to give his name or address, or gives a name or address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or for any longer time than is necessary for bringing him before a magistrate and in no case shall such detention exceed twenty four hours from the time of arrest without the orders of a Magistrate.

(1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge 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 offence, 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 the offence. (2) Notwithstanding anything contained in sub-section (1) 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, 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 a 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.