Bare Act
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27. Appeal and revision.
(1) All grievances related to processing of applications under this Act shall, in the first instance, be referred to such Grievance Redressal Authority as may be prescribed, within such period as may be prescribed. (2) The Grievance Redressal Authority shall, after following such procedure as may be prescribed, dispose of the appeal within such time as may be prescribed, either rejecting the appeal or taking such remedial action as may be prescribed, including imposition of fine under section 29. (3) The enterprise or the Designated Official of the Competent Authority aggrieved by any order of the Grievance Redressal Authority may make an application for revision to the notified Grievance Revisionary Authority, within such time and in such manner as may be prescribed. (4) The Grievance Revisionary Authority shall, after following such procedure as may be prescribed, dispose of the revision within such time as may be prescribed, either rejecting the revision or taking remedial action as may be prescribed including imposition of fine under section 29.
Chapter V MISCELLANEOUS.
28. Offences and penalties
(1) Any enterprise that fails to comply with the conditions or undertaking in the self-certification given to the Nodal Agency or other Department or authorities shall be punishable with fine which may extend to fifteen thousand rupees for the first offence and upto twenty-five thousand rupees for the second or subsequent offences. The fine so imposed shall be in addition to any other recourse which may be available under the applicable law.
(2) Where an offence under this Act is committed by an enterprise, the enterprise as well as every person in charge of, and responsible to, the enterprise for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and liable to be punished under this section.
(3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of proprietor, managing partner, any director, manager, secretary or any other officer or authorized signatory, such proprietor, managing partner, director, manager, secretary or any other officer or authorized signatory shall also be deemed to be guilty of that offence and shall be liable to be punished under this section.
Explanation.— For the purpose of this section—
(a) “enterprise” means any 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.
Chapter V MISCELLANEOUS.
29. Imposition of fine for non-provision or delayed services
(1) Every Competent Authority shall identify the Designated Official for processing of individual applications received in accordance with the rules made under this Act.
(2) All grievances shall be initially examined by the notified Grievance Redressal Authority and where the Grievance Redressal Authority is of the opinion that the Designated Official of the Competent Authority has failed to meet committed service levels without sufficient and reasonable cause, a fine not exceeding twenty-five thousand rupees may be imposed on the Designated Official:
Provided that the Designated Official of the Competent Authority shall be given a reasonable opportunity of being heard before any fine is imposed.
(3) Any fine imposed under sub-section (2) shall be collected in such manner as may be prescribed and shall be in addition to any other recourse available to the Government or the Competent Authority under applicable Service Rules:
Provided that no fine shall be imposed on the Designated Official of the Competent Authority more than once for the same case of non-provision or delay in provision of services.
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30. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall be instituted against, or damage claimed from, the Respective Committees or any employee of the Government acting under the direction of such Committee, for any action, which is in good faith, carried out or intended to be carried out, or for any order passed in good faith, in pursuance of this Act and the rules made thereunder.
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31. Act to override other laws
Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.
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32. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulties:
Provided that no such order shall be issued after the expiry of two years from the date of commencement of this Act.
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33. Power to give directions
The Government may, from time to time, issue to the Respective Committees such general or special directions as they may deem necessary or expedient for the purpose of carrying out the objects of this Act and the said Committee shall be bound to follow and act upon such directions.
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