Chapter V PENALTIES

Whoever contravenes any of the provisions of this Act, rules or conditions of a licence or a direction given by the Electrical Inspector (Lifts) under this Act or the rules, shall, on conviction, be punished with a fine which may extend to rupees fifty thousand and, in the case of a continuing contravention, with an additional fine which may extend to rupees one thousand for every day during which such contravention continues after conviction for the first such contravention.

1. (1) Where an offence under this Act or rules made thereunder has been committed by a firm or company, every person, who, at the time the offence was committed, was in-charge of, and was responsible to, the firm or company for the conduct of the business of the firm or company, as well as the firm or 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, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section(1), where any offence under this Act or rules made thereunder has been committed by a firm or 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 firm or 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 purpose of this section,—
   • (a) “company” means any body corporate and includes a firm or other association of persons or body of individuals whether incorporated or not, and
   • (b) “director” in relation to a firm, means a partner in the firm and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.

No court shall take cognizance of any offence punishable under this Act, except with the previous sanction of the Government or such officer, not below the rank of the Electrical Inspector (Lifts) as the State Government may authorize in this behalf.

No suit, prosecution or other legal proceedings shall be instituted against Chief Electrical Inspector, Electrical Inspector (Lifts), Assistant Electrical Inspector (Lifts) or any other officer authorized by the Government for anything which is in good faith done or intended to be done under this Act or under any rule or order made thereunder.