Chapter VI
OFFENCES AND PENALTIES
39. Offences and penalties.
39. Offences and penalties.—(1) Whoever—
(a) contravenes any rule made or any direction issued under this Act; or
(b) fails to comply with the provisions of Section 8; or
(c) fails to deposit the amount under Section 36,
shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.
(2) Whoever fails to comply with any direction issued under Section 43 or obstructs any authority or person in the exercise of his powers under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
40. Offences by companies.
40. 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 directly in charge 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 under this Act, if he proves that the offence was committed without his knowledge or that he exercised all 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 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;
(b) “director”, in relation to a firm, means a partner in the firm.
| Other Contents of Civil Liability for Nuclear Damage Act, 2010 |
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| Sections 1 to 5 Sections 6 to 18 Sections 19 to 38 Sections 39 to 49 |
41. Offences by Government Departments.
41. Offences by Government Departments.—Where an offence under this Act has been committed by any Department of the Government, the Head of the Department 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 section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
42. Cognizance of offences.
42. Cognizance of offences.—No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under his Act:
Provided that cognizance of such offence shall not be taken except on a complaint made by the Central Government or any authority or officer authorised in this behalf by that Government.
Chapter VII
MISCELLANEOUS
43. Power to give directions.
43. Power to give directions.—The Central Government may, in exercise of its powers and performance of its functions under this Act, issue such directions, as it may deem fit, for the purposes of this Act, to any operator, person, officer, authority or body and such operator, person, officer, authority or body shall be bound to comply with such directions.
44. Power to call for information.
44. Power to call for information.—The Central Government may call for such information from an operator as it may deem necessary.
45. Exemption from application of this Act.
45. Exemption from application of this Act.—The Central Government may, by notification, exempt any nuclear installation from the application of this Act where, having regard to small quantity of nuclear material, it is of the opinion that the risk involved is insignificant.
46. Act to be in addition to any other law.
46. Act to be in addition to any other law.—The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt the operator from any proceeding which might, apart from this Act, be instituted against such operator.
47. Protection of action taken in good faith.
47. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Central Government or the person, officer or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder.
48. Power to make rules.
48. Power to make rules.—(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for—
(a) the other financial security and the manner thereof under sub-section (1) of Section 8;
(b) the salary and allowances payable to and the other terms and conditions of service of Claims Commissioner under Section 11;
(c) the procedure to be followed by Claims Commissioner under sub-section (1) of Section 12;
(d) the person to be associated by Claims Commissioner and the manner thereof, under sub-section (2) of Section 12;
(e) the remuneration, fee or allowances of associated person under sub-section (3) of Section 12;
(f) any other matter under clause (f) of sub-section (4) of Section 12;
(g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of Section 15;
(h) the salary and allowances payable to and other terms and conditions of service of Chairperson and other Members, under Section 22;
(i) the powers of Chairperson under Section 29;
(j) the salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission, under sub-section (2) of Section 30;
(k) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of Section 31;
(l) any other matter under clause (f) of sub-section (5) of Section 32;
(m) the form and the time for preparing annual report by Commission under Section 37;
(n) the manner of transfer of officers and other employees of the Commission under clause (c) of sub-section (2) of Section 38.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
49. Power to remove difficulties.
49. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
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