section 36
Punishments.
The Works of Defence Act, 1903Defence190348 sections5 chapters
Part VI MISCELLANEOUS
Statutory text
- (1) Whoever willfully—
- (a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8; or
- (b) destroys, damages, alters or otherwise interferes with the ground level or any work done under section 6, shall be liable to penalty which may extend to two thousand and five hundred rupees, and in case of continuing contravention, with an additional penalty of two hundred and fifty rupees for every day after the first during which the contravention continues; and any expenses incurred in removing the effects of this contravention may be recovered from him in the manner provided by the law for the time being in force for the recovery of penalty.
- (2) Whoever obstructs any person authorised under section 4, section 6, or section 8, by using or threatening to use force, or by any act of physical interference that prevents such officer from exercising any lawful power or performing any lawful duty under this Act, or contravenes any of the provisions of section 7 or any condition prescribed thereunder, shall be punishable with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, and in case of continuing offence, with an additional fine of two hundred and fifty rupees for every day after the first during which the contravention continues; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines. Explanation.––For the purposes of this section, obstruction shall not include any act or omission arising from physical or mental incapacity, unintentional conduct, or circumstances beyond the person’s control.
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