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Report No. 171

17. Penalties.-

(1) Any person, body corporate, association or organisation committing or abetting the committing of any act prohibited by sub-sections(1) to (4) of section 16 shall be punished with rigorous imprisonment for a term which shall not be less than one year and which may extend to five years and with fine.

(2) Any person, body corporate, association or organisation committing or abetting the committing of any act contrary to sub-section (5) of section 16 shall be punished with imprisonment of either description for a term which may extend to three years and with fine.

(3) In the case of an offence committed by a body corporate, association or organisation, the punishment shall be imposed upon the principal individual incharge of such body corporate, association or organisation.If no individual is specified as such or is not available in India, any and every person acting as director, trustee or member of the managing committee or who is associated with the management of such body corporate, association or organisation, shall be liable to be punished.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences under this Act shall be tried by the Assistant Sessions Judge. The provisions contained in Chapters XVI and XVII of the said Code shall be applicable for this purpose. There shall be no ceiling on the amount of fine to be imposed. The amount of fine shall depend upon the circumstances of the case including the nature of the act and the amount of loss or prejudice caused thereby.



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