Offence & Penalty

(1) The Nursery owner on contravention of any provision of the Act or rules made thereunder, on first conviction shall be punished with the fine which may extend to Rs. 50,000/- (Fifty thousand) and in default of payment of fine with imprisonment which may extend to Six months, and be punished on second or subsequent conviction with imprisonment which may extend to six months and fine which may extend to Rs. 50,000/- (Fifty thousand). (2) In addition to this, the nursery owner shall be liable to pay all the compensation under para 6 of Appendix-1 to the farmer. (3) The amount of compensation shall be determined by a committee constituted under the chairmanship of Chief/District Horticulture Officer. (4) If an offence is made by the company under this Act, the person in-charge of the operations of the company, for the time being, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained this sub-section shall render any 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. (5) Notwithstanding anything contained in sub-section (2), if any offence punishable under this Act has being committed by a company and it is proved that the offence has been committed with the consent or connivance or negligence of any Secretary, treasurer, Director, Manager or other officer of the company, such Secretary, Treasurer, Director, Manager or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (6) Explanation:- For the purpose of this section- (a) Company means a corporate body and includes a firm or other association of individuals; and (b) "Director" in relation to a firm, means the partner of that firm.