Chapter IX Chapter IX

Penalities and Procedure

If any person-

1. (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
2. (b) removes 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 of the provisions of this Act or of any rule or regulation or scheme sanctioned thereunder, if no other penalty is provided for such contravention, be punishable-

1. (a) with fine which may extend to one hundred rupees; and
2. (b) in case of a continuing contravention with fine which may extend to fifty rupees for each day after the first during which the contravention continues.

1. (1) No court shall take cognizance of any offence punishable under this Act 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. (2) No court inferior to that of a judicial magistrate of the first class shall try any offence punishable under this Act.

1. (1) Any police officer, not below the rank of a head constable, may arrest any person who commits in his presence, any offence under this Act, if the name of 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. (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 judicial magistrate and in no case shall such detention exceed twenty-four hours from the time of arrest without the orders of a judicial magistrate.

1. (1) If the person committing an offence under this Act is 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 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. (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.