Section 28: Offences

28. Offences.—(1) Whoever knowingly and wilfully contravenes or attempts to contravene or abets the contravention of any of the provisions of this Act or the regulations made thereunder shall be punishable with a fine which may extend to five hundred thousand rupees and to a further fine not exceeding ten thousand rupees for every day if such contravention continues after the imposition of the fine. (2) Notwithstanding anything contained in sub­section (1), whoever knowingly and wilfully contravenes or attempts to contravene or abets the contravention of the provisions of section 24 shall be punishable with a fine which may extend to one million rupees and to a further fine not exceeding twenty thousand rupees for every day after the first contravention during which the contravention continues or with imprisonment for a term which may extend to five years, or with both. (3) 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 con­ duct of the business of the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Notwithstanding anything contained in sub­section (3), where an 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 employee of the company, such director, manager, secretary or other employees shall also be deemed to be guilty of the offence. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a partnership firm or other association of individuals ; and (b) “director”, in relation to a firm, means a partner in the firm.

Effective date: 1997-01-01

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