21. Whoever –
(a) Contravenes or fails
to comply with any of the provisions of this Act or any rules made thereunder;
or
(b) sinks well in prohibited areas without a permit; or
(c) obstructs the authority or any other employee authorized by it to exercise any of the powers under this Act; or
(d) fails to comply with the requisition made under the provisions of this Act; or
(e) having been required to furnish any information under clause (f) of sub-section (1) of section 17 wilfully refuses, or without lawful excuse, neglects to furnish such information or return; or
(f) wilfully furnishes or
causes to be furnished any information or return which he knows to be false;
he shall be punishable,
-
(i) for the first offence, with fine not exceeding one thousand rupees;
(ii) for the second and subsequent offence, with fine which may extend to two thousand rupees; and
(iii) in respect of contravention of the provisions of section 13, he shall be punishable with fine of five hundred rupees for every day for which such contravention continues.
Offences and penalties
22. (1) Where an offence punishable under this Act has been committed by
a company, every person, who, 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 had exercised all the 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 or 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 shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purposes of this section—
(a) “company” 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.
Offence by Companies
23. (1) Any offence punishable under this Act shall be a cognizable offence within the meaning of the Code of Criminal Procedure, 1973.
(2) No court shall take cognizance of any offence punishable under this Act, except, upon a complaint in writing by the Authority or an Officer generally or specially authorised by it in this behalf.
Offences under this Act to
be cognizable
24. No suit, prosecution or other legal proceeding shall lie against the Government or Authority or any officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
Protection of action taken
in good faith
25. No order passed, decision or action taken or direction issued under this Act or the rules made under this Act shall be called in question in any Civil Court, and no injunction shall be granted by any court in respect of any action taken or to be taken by the Government or Authority or officer in pursuance of any power conferred under this Act.
Bar of jurisdiction of Civil
Courts.
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