Section Section 10
or section 11 or orders or directions issued under those sections, he shall be l
section 10 or section 11 or orders or directions issued under those sections, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to five lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues 2[15. Penalty for contravention of provisions of Act, rules, orders and directions: 1) Where any person contravenes O does not comply with any of the provisions of this Act O the rules made O orders O1 directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues 15A. Penalty for contravention by companies: (1) Where any company contravenes any of the provisions of this Act; the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees (2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues. 15B. Penalty for contravention by Government Department: (1) Where contravention of any of the provision of this Act has been committed by any Department of the Central Government O the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention_
(2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer; other than the Head of the Department, the officer shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention 1SC. Adjudicating officer: The Central Government; for the purposes of determining the penalties under this Act; may appoint an officer not below the rank of Joint Secretary to the Government
1. Ins by Act 18 of 2023, s. 2 and Schedule (w.e.f: 1-4-2024). 2. Subs by $. 2 and Schedule, ibid , for sections 15 t0 17 (w.e.f: 1-4-2024)
of India Or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed: Provided that the Central Government may appoint as many adjudicating officers as may be required. (2) The adjudicating officer may call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case;
b require such person to produce any record, register or other document in his possession O any other document; which in the opinion of the adjudicating officer may be relevant to the subject- matter
(3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder; he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section ISB, as the case may be.
The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely: the population and the area impacted or affected due to such contravention or non- compliance; b the frequency and duration of such contravention Or non-compliance; the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance; the damage caused or likely to be caused to any person, as result of such contravention or non-compliance, if any; the undue gain derived out of such contravention O non-compliance; and such other factor, as may be prescribed. The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 1SA or ISB, as the case may be, shall be in addition to the liability to pay relief or compensation under
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