Amendment status not verified — confirm the current text below against the official source.
(I) whoever is guilty of any act of intentional omission in contravention of any of the provisions of this Act, or of any rules, notification or order made, issued or given under this Act, shall be punishable with imprisonment for a teen which may extent to one month or with fine which. may extend to one thousand rupees or with both. (2) Whoever, having been convicted of an :offence under the Act is again convicted of any offence under this Act, shall. be punishable with imprisonment for a term which may extend to three months and with fine which may extend to. Five.thousand:rupees for the later offence.. .(3) Whoever, in any: manner aids; abets or is accessory to the commission of an. offence under. this Act shall be punishable with the penalty prescribed for the offence. (4) Whoever willfully disobeys any directions, lawfully given by any person or authority empowered under this Act to give such directions, or obstructs any person or authority in the dis- charge of any function wihch such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence, be punishable with fine which may extend to one thousand rupees. (5) Whoever being required by or under this Act to supply any information, wilfully withholds such informations or gives information which he knows to be false or which he does not believe to be true, shall. if no other .penalty is. provided for the offence, be punishable with line which may extend to five hundred rupees. offences by IU. (I) If the person committing tin:offence under this Act. is a.company, every person who, companies at the time the offence was committed, was incharge 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 if he proves that the offence was committed without his knowledge or that he exercised all due diligence `to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (I.) where an offfence 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 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 any punished accordingly. 1V3 fi1I4' 29 I9w 2004 1162(11) Explanation.—For the purposes of this Section,— ' (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director" in relation to a company, includes, any person occupying the position of director, by whatever name called. H. (I) Where an offence under this Act has been committed by any department. of Government. the head of the office shall be deemed to be guilty of the offence and shall be liable to be proceçded against and punished accordingly: Irovided that-nothing contained in this Section shall render such head of office.liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Offences by Government Departments. (2) Notwithstanding anything contained in sub-section (1). where an offence under this Act has been committed by a Department of Gvoernment 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 officer other than the head of the office such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.