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Home Bare Acts Phrase: contraventionForeign Exchange Management Act, 1999 Chapter 4
Title: Contravention and Penalties
State: Central
Year: 1999
.....to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority for his appearance as and when required. (9) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied. (10) When the Adjudicating Authority does not make an order of detention under sub-section (9), he shall, if the defaulter is under arrest, direct his release. (11) Every person detained in the civil prison in execution of the certificate may be so.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 108-I
Title: Penalty for Acquisition or Transfer of Share in Contravention of Sections 108a to 108d
State: Central
Year: 1956
.....effect to any voting or other rights exercised in relation to any share acquired in contravention of the provisions of section 108B, or which gives effect to any voting right in contravention of any direction made by the Central Government under section 108D, the company shall be punishable with fine which may extend to2[fifty thousand rupees], and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to2[fifty thousand rupees], or with both.] ________________________ 1.Inserted by Act 58 of 1991, section 28 (w.r.e.f. 27-9-1991) 2.Substituted by Act 53 of 2000, Section 44, for "five thousand rupees" ( w.e.f. 13-12-2000 ) .
View Complete Act List Judgments citing this sectionInformation Technology Act, 2000 Section 63
Title: Compounding of Contraventions
State: Central
Year: 2000
.....subject to such conditions as the Controller or such other officer or the adjudicating officer may specify: Provided that such sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed under this Act for the contravention so compounded. (2) Nothing in sub-section (1) shall apply to a person who commits the same or similar contravention within a period of three years from the date on which the first contravention, committed by him, was compounded. Explanation.-For the purposes of this sub-section, any second or subsequent contravention committed after the expiry of a period of three years from the date on which the contravention was previously compounded shall be deemed to be a first contravention. (3) Where any contravention has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the person guilty of such contravention in respect of the contravention so compounded. ____________________ 1. Substituted by S.O. 1015 (E), dated 19th September, 2002, for "chapter" (w.e.f. 19-9-2002).
View Complete Act List Judgments citing this sectionForeign Exchange Management Act, 1999 Section 42
Title: Contravention by Companies
State: Central
Year: 1999
.....this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place 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 the contravention and shall be liable to be proceeded against and punished accordingly. Explanation. -For the purposes of this section-- (i) "company" means any 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.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 48
Title: Contravention by Companies
State: Central
Year: 2002
.....his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. (2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, regulation, order made or direction issued thereunder has been committed by a company and it is proved that the contravention has taken place 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 contravention and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) ''company" means a 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.] _________________________ 1. Effective date:20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1241(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 356H
Title: Information Regarding Contravention of Provisions of Convention
State: Central
Year: 1958
.....authorised by him in this behalf, may-- (a) detain the oil tanker or other ship until the causes of such contravention are removed to the satisfaction of the Director-General or the officer authorised by him; and (b) proceed against such oil tanker or other ship for recovery of cost of pollution damage, if any, and the cost of prevention of pollution damage and cleaning of such pollution; Provided that where the Director-General deems it necessary, he may request the Indian Navy or the Coast Guard for preventing the oil tanker or other ship from proceeding to sea, and the Indian Navy or the Coast Guard, as the case may be, shall take action as requested by the Director-General. (2) On receipt of information from the Government of any country to which the Convention applies that an Indian oil tanker or other ship has contravened any provision of the Convention, the Central Government may, if it deems it necessary so to do, request such Government to furnish further details of the alleged contravention and if satisfied that sufficient evidence is available to establish contravention of any of the provisions of this Part or the rules made thereunder, take appropriate.....
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 96A
Title: Penalty for Contravention of the Provisions of Sections 41b, 41c and 41h
State: Central
Year: 1948
1[ 96A . Penalty for contravention of the provisions of sections 41B , 41 C and 41 H ( 1 ) Whoever fails to comply with or contravenes any of the provisions of section 41B , 41 C or 41 H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. ( 2 ) If the failure or contravention referred to in sub-section ( 1 ) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.] ______________________ 1. Inserted by Act 20 of 19 87, section 34 (w.e.f. 1-12-1987 ).
View Complete Act List Judgments citing this sectionKarnataka Marine Fishing (Regulation) Act, 1986. Section 18
Title: Contravention by Companies.
State: Karnataka
Year: 1986
.....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 contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. (2) Notwithstanding anything contained in sub-section (1), where any contravention under this Act 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 such director, manager, secretary or other officer, shall be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purpose 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.
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 15
Title: Punishment for Contravention in Relation to Poppy Straw
State: Central
Year: 1985
1[15. Punishment for contravention in relation to poppy straw Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 21
Title: Punishment for Contravention in Relation to Manufactured Drugs and Preparations
State: Central
Year: 1985
.....and preparations Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. .....
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