Chapter XXIV PENALTIES

General provisions regarding penalties specified in the Schedule.—

1. (1) Whoever-
   • (a) contravenes any provision of this Act or the sections specified in column
2. (1) of the Fourth Schedule: or
   • (b) contravenes any order made under any section specified in the said schedule; or rule thereunder;
   • (c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, shall, on conviction, be punished with fine which may extend to the amount specified against each item in column
3. (4) of the Fourth Schedule: Provided that in all cases falling under sub-section (1) the court shall, taking into account the nature and circumstances of each case, order in addition to a sentence of fine, compliance with the direction or requisition made or issued under this Act or the rules made thereunder within such time as may be specified in such order.
4. (2) Whoever, after having been convicted of-
   • (a) contravening any provision of this Act or the sections specified in column
5. (1) of the Fourth Schedule; or
   • (b) contravening any order under any section specified in the said Schedule or rule thereunder; or
   • (c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said sections or rule, continues to contravene the provisions of the said sections, rules or orders or to neglect to comply with the said direction or requisition, as the case may be, shall on conviction, be punished for each day during which the offence, continues, with fine which may extend to the amount specified against each item in column
6. (4) of the Fifth Schedule: Provided that in all cases falling under sub-section (2), the Court shall, in addition to a sentence of fine, order simple imprisonment of the offender or defaulter till the order of direction is, or caused to be, complied with. Explanation.— The entries in column
7. (3) of the Fourth Schedule and the Fifth Schedule headed subjects are not intended as definitions of the offences described in the sections, subsections, or clauses, mentioned in columns
8. (1) and (2) or even as abstracts of these sections, sub-sections, or clauses, but are inserted merely as reference to the subject of the sections, sub-sections or clauses, as the case may be.

PENALTY FOR ACTING AS COUNCILLOR, CHAIRPERSON OR DEPUTY CHAIRPERSON WHEN DISQUALIFIED.—

1. (1) Whoever acts as a Councillor of a Municipality knowing that under this Act or the Rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall, on conviction, be punished with fine not exceeding 54 [ten thousand rupees] for such offence.
2. (2) Whoever acts as, or exercise the functions of the Chairperson or Deputy Chairperson of a Municipality knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions shall, on conviction, be punished with fine not exceeding 55 [fifteen thousand rupees] for such offence.
3. (3) Where the Chairperson or Deputy Chairperson of a Municipality refuses to hand over charge of his office or any documents of or any moneys or other properties vested in, or belonging to the Municipality which are in or has come into his possession or control, to his successor in office or other prescribed authority as soon as his term of office as Chairperson or Deputy Chairperson expires and in the case of the Deputy Chairperson also on demand by the Chairperson, such Chairperson or Deputy Chairperson shall, on conviction be punished with fine not exceeding 56 [ten thousand rupees] for such offence.

PENALTY FOR ACQUISITION BY OFFICER OF MUNICIPALITY OF INTEREST IN CONTRACT OR WORK.— Where any officer or servant of a Municipality knowingly acquires directly or indirectly by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with, by or on behalf of the Municipality he shall be deemed to have committed an offence under section 168 of the Indian Penal Code, 1860 (Central Act 45 of 1860): Provided that no person shall, by reason of being a shareholder in or member of any company, be held to be interested in any contract entered into between such company and the Municipality unless he is a director of such company: Provided further that nothing in this section shall apply to a teacher, employed by a Municipality who, with the sanction of the Government enters into a contract with the Municipality with regard to the utilisation, for the purpose of a school, of any land or building owned by him or in which he has share or interest.

PENALTY FOR OMISSION TO TAKE OUT LICENCE FOR ANIMALS.—

1. (1) Every owner or person in charge of any animal liable to tax under section 260, who omits to obtain a licence, shall, on conviction be punished with fine not exceeding fifty rupees and shall also pay amount of the tax payable by him in respect of such animal.
2. (2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall, receive a licence for the animal in respect of which he has been fined and for the period during which he has been found to be in default.
3. (3) The provisions of this section shall apply to any person who having compounded for the payment of certain sum under section 263 fails to pay such sum, and the amount due for a licence shall, in such case, be taken as the amount so compounded for.

PENALTY FOR UNLAWFUL BUILDING.— 57[(1) Where the construction or reconstruction of any building or digging of any well-

1. (a) is commenced without the permission of the Secretary; or
2. (b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based; or
3. (c) is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made: or
4. (d) about which any, alteration or addition required by any notice issued under section 395 or section 405 is not duly made; or
5. (e) about which any person to whom a direction if any, given by the Secretary under section 406 fails to obey such direction, the owner of the building or the well or such person, as the case may be, shall be liable, on conviction to a fine which may extend, in the case of a building, to 58 [ten thousand rupees] and in the case of a well or hut to 58 [one thousand rupees] and to a further fine which may extend, in the case of a building, to 58 [one thousand rupees] and in the case of a well or hut to 5K [two hundred and fifty rupees] for each day during which the offence continued. Provided that the unlawful construction, reconstruction or digging of well carried out by a person may be regularised under sub-section d) of Section 406 and he shall not be punished if so regularised by the Secretary.]; 60[(2) Where any building constructed in violation of any stipulation as to the Standards or conditions mentioned in the provisions of this Act or the rules made thereunder or any lawful directions issued, poses threat to public safety danger to human life, the owner or builder of such building shall, on conviction, be punishable with imprisonment for a term which may extend up to one year.]

Wrongful restraint of Secretary and his delegates.—Every person who prevents the Secretary or any person to whom the Secretary has delegated his powers, for entering on any land or building, from exercising his power of entering there shall be deemed to have committed an offence under Section 341 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

Penalty for not giving information or giving false information.— Where any person who is required by the provisions of this Act or the rules made thereunder or by any notice or other proceedings issued under this Act to furnish any information—

1. (a) omits to furnish it; or
2. (b) knowingly or negligently furnishes false information, such person shall be liable to a fine not exceeding five hundred rupees.