Amendment status not verified — confirm the current text below against the official source.
General provision for punishment for offence Whoever contravenes any provision of this Act or of any rule or notification made thereunder shalt, without prejudice to any other action taken against him under this Act and the rules made thereunder, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to one thousand rupees for every day after the first during which such offence continues. 48 The Nagaland Gazette, Part-V August 31, 2023 39 .Offences by Companies (1) Where an offence under this Act has been committed by 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 welt 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 had exercised at! due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent 01 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 shalt also be deemed be guilty of that offence and shall be Liable to be proceeded against and punished accordingly. Explanation: For the purposes of this Section, I. 'Company' means a body corporate and includes a firm or other association of individuals; and II. 'Director', in relation to a firm, means a partner in the firm. 40.Compounding of offences (1) Any offence whether committed before or after the commencement of this Act punishable under Sections 32, 33 34, 35, 36, 37, 38 or any rule made under this Act, may either before or after the institution of prosecution, be compounded by such officers of the Fire and Emergency Service and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf: PROVIDED that no offence shalt be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the State Government or of any of the officers authorized under this Act and until the same has been compiled with so far as the compliance is possible. (2) Where an offence has been compounded under sub-section (1), the offender if in custody, shall be discharged and no further proceedings shalt be taken against him in respect of such offence.