Chapter XIII PENALTIES AND PROCEDURE FOR

(1) Whoever contravenes the provisions of Sub-section (1) of Section 3 shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both. (2) Whoever- (a) in contravention of any provisions of this Actor any of the Rules made thereunder other than Sub-section 1 of section 3 or Rules made thereunder prospects, mines and stores. produces any mineral oil or imports, exports, stores, refines or blends any petroleum or (b) being for the time being in control or incharge of any place where an mineral is being prospected, stored or produced or is under transport imported, refined or blended contravenes any provision or this Act or any rule made thereunder or suffers any such provision to be contravene d or refuses or neglects to show to any officer authorised under this Act or any rule made thereunder, any receptacle, plant or appliance used in such place in connection with any mineral or in way obstructs or fails to render reasonable assistance to such officer during inspection. (c) being required to give information of an accident, fails to give such information shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. (3) in any case in which an offence under Sub-section (2) has been committed, the convicting Magistrate or other authority to which he is subordinate may direct that the mineral in respect of which the offence has been committed, shall, together with the receptacles in which is contained, shall be confiscated, (4) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extent, to one thousand rupees for every day during which such contravention continued after conviction for the first such contravention,

Notwithstanding anything contained in any rule or order relating to Criminal Procedure Code in force in the state, no court or other authority shall take cognizance of an offence punishable under this Act or any rule made thereunder except upon a complaint, in writing, made by a person authorised in this behalf by the State Government.

No court or other tribunal or other authority inferio in status to that of a Magistrate of the first Class shall try any offence punishable under this Act or any rule made thereunder.

Every offence punishable under this Act shall be cognizable and bailable.

(1) If the person committing an offence punishable under this Act or any rule made thereunder is a company, the company the company and every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished according1y: 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) Notwithstanding anything contained in Sub-section (1), where an offence punishable under this Act or any rule made thereunder has been committed with the consent or connivance of any director, manager, secretary or other officer shall be deemed to be guilt 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 arid includes a firm or other association of individuals; (b) “director” in relation to a firm means a partner in the firms.

(1) No offence under this Act shall be compounded except in accordance with the provisions of Sub-section (2). (2) Any offence punishable under this Act or any rule made thereunder may, either before or after the institution of the prosecution, be compounded by the person authorised under Section 72 to make ‘a complaint to the Court with respect to that, offence, on payment to that person, for credit to the State