Section 34A
Penalty for tutnishing wrong information : Whoever, deliberately provides false or incorrect information for the purpose of obtaining or updating Arun Parvar Patra shall be punishable with a fine which may extend to ten thousand rupees and shall be liable to compensate the Government for the benefit so received on the basis of wrong or false information.
34A. Penalty for tutnishing wrong information : Whoever, deliberately provides false or incorrect information for the purpose of obtaining or updating Arun Parvar Patra shall be punishable with a fine which may extend to ten thousand rupees and shall be liable to compensate the Government for the benefit so received on the basis of wrong or false information.
Offences by companieE : (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 ofthe 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 nothlng contained in this sub-section shall render any such person liable to any punishment provided in thisAct if he proves that the offence was committed without his knowledge or that he had exercised alldue diligence to prevent the commission of such offence.
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 ofthe company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation : For the purposes of this section-
(a) "company" means anybody corporate, and includes a firm or other association ofincjividuals; and
(b) "directol' in relation to a firm, means a partner in the firm.
CHAPTER . IX
Miscellaneous
Members, officers, etc., to be public servants : The Chairperson and members of the Authority and the Executive Committee and officers and otheremployees of theAuthority and the Executive Committee shall be deemed, while acting or purporting to act in pursuan@ of any of the provisions of thisAct, to be public servants within the meaning ot Section 2(28) of the Bharatiya Nyaya Sanhita, 2023.
Powerof State Govemmentto issue directions : (1)Without prejudice to the foregoing provisions of this Act, theAuthority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the State Government may give, in writing to it, from time to time.
The decision of the State Government, whether a question is one of policy or not, shall be final.
Delegation of powers and functions : TheAuthority may, by generalor special order in writing, delegate to the Executive Committee, any member or officer of theAuthority or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act, except the power under Section 40, as it may deem necessary
Protection of action taken in good faith : No suit, prosecution or other legal proceeding shall lie againstthe State Govemment or the Authority or the Executive Committee orthe Chairperson or any member of theAuthority or the Executive Committee or any officer or other employee of theAuthority or the Executive Commiftee for anything which is in good faith done or intended to be done underthisAct orthe rule or regulation made thereunder.
Power of State Government to make rules : The State Govemment may, by notification, make rules to carry out the provisions of this Act.
Power of Authority to make regulations: The Authority may, by notification, make regulations consistent with this Act and the rules made thereunder to provide for the matters whlch are required by this Act to be provided by regulation'
Rules and regulations to be laid berore the House of the State Leglslature : Every rule and regulation made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, fora p€riod of not less than fourteen days which may be comprised in one session or in tvvo or more successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the Slate Legislature makes any modification in the rule or regulation or resolves thatthe rule or regulation should not be made, the rule or regulation 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 pre.iudice to the validity ofanything previously done thereunder.
Application ot other laws not barred : The provisions of thisAct shall be in addition to, and no in derogation of, any other law for the time being in force.
Powerto remoye difficultaes: (1) lf any difficultyarises in giving effecl to the provision of thisAct, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty :
Every order made under this section shall be laid, as soon as may be after it is made, before the House ofthe State Legislature.
Yashpal Garg, IAS Commissioner to the Government of Arunachal Pradesh, Itrnagar.