Chapter VIII OFFENCES AND PENALTIES

1. (1) Whoever,-
   • (a) contravenes any provisions of section 6; or
   • (b) voluntarily obstructs the authorised officer authorised under sub-section (1) of section 50 in carrying out inspection under clause (a), or holding an enquiry under clause (b) of the said sub-section; or
   • (c) knowingly fails to comply with any requisition made or wilfully furnishes false return, statement, accounts, return or proceedings, under clause (c) or (d) of section 50; or
   • (d) wilfully neglects or refuses to furnish any information or wilfully furnishes false information under section 51; or
   • (e) wilfully obstructs the authorised officer referred in clause (b) from seizing or taking possession of books, records, funds or property of the Authority under section 52; or
   • (f) aids or abets any person in the commission of any act specified in clauses (a) to (e) shall, on conviction, be punished,-
     • (i) when the offence is under clause (a) or (b) with imprisonment for a term which shall not be less than three months but which may extent to three years or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with both;
     • (ii) when the offence is under clauses (c), (d) or (e) with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both;
     • (iii) when the offence is under clause (f) with same punishment as provided for the offence aided or abetted;
     • (iv) when the offence under clause (a) or (b) is a continuing one after first conviction, with a further daily fine which shall not be less than one hundred rupees but which may extend to one thousand rupees per day during the period of continuance of the offence.
2. (2) If it appears to the court taking cognizance of an offence under sub-section (1) on taking such evidences as it may deem necessary, that the accused person by himself or as an agent is carrying on the business of collecting, forwarding or distributing goods carried by goods carriages in any place in the control area other than in Truck Terminal in contravention of any provision of section 6, the court may order,-
   • (i) that the transport vehicle be seized and kept in the custody of that Authority; or
   • (ii) that the accused person shall not carry on such business in any place in the control area other than in the Truck Terminal in contravention of the provisions of section 6 until the complaint is finally disposed of.
3. (3) Where any such accused person has been convicted for contravention of the provisions of section 6, the transport vehicle in respect of which any order is made under sub-section (2) may be forfeited to the State Government and in case where such person is acquitted or discharged, the transport vehicle if it seized and kept in the custody of the Authority, shall be returned to him.

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge 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 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 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, 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.

1. (1) No court shall take cognizance of any offence punishable under this Act, except with the previous sanction of the Chief Executive Officer, or any person authorised by the Chief Executive Officer by general or special order, in this behalf: 1[Provided that, where an offence is committed by a member of the Authority (including the Chairman of the Authority and the Chief Executive Officer), the authority competent to grant such previous sanction shall be the State Government or an officer authorised by the State Government in this behalf.]

Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (11 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the First Class to pass any sentence authorised by this Act, in excess of his powers under the said section.

1. (1) The Chief Executive Officer may, either before or after the institution of the proceedings for any offence, other than an offence involving contravention of section 6, punishable under this Act, with the approval of the Authority, accept from any person charged with such offence, by way of composition of the offence a sum not less than the amount of the maximum fine and not the more than double the amount of the maximum fine for the relevant offence mentioned in section 45, as he may determine. 1[Provided that, in the case of an offence committed by a member of the Authority (including the Chairman and the Chief Executive Officer), the offence may be compounded by the State Government or by any officer authorised by the State Government in this behalf.] 2[(2) On payment of such sum as may be determined by the Chief Executive Officer or the State Government or any officer authorised by the State Government under sub-section (1), no further proceedings shall be taken against the accused person in respect of the same offence, and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.]