Penalty

Penalty

    Penalty
    • If any person-
    a. contravenes any provision of this Act or any rule made thereunder; or
    b. prevents a Seed Inspector from taking sample under this Act;or
    c. prevents a Seed Inspector from exercising any other power conferred on him by or under this Act;
    d. he shall, on conviction, be punishable-
    i. for the first offence with fine which may extend to five hundred rupees, and
    ii. in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
    Forfeiture of property
    • When any person has been convicted under this Act for the contravention of any of the provisions of this Act or the rules made there under, the seed in respect of which the contravention has been committed may be forfeited to the Government.
    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 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:
    2. 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 and that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), 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 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 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.

Last modified: Saturday, 24 March 2012, 7:38 PM