41. Penalty for contravention of certain provisions of Act by person.— Any person who
contravenes the provisions of,—
(a) section 4 or section 5 or section 8 or section 12 or section 18 or section 19 or section 20 or
section 21 or sub-section (4) of section 29 or section 36 or section 37, shall be punishable with
imprisonment for a term which may extend to two years, or with fine which shall not be less than
ten lakh rupees but which may extend to fifty lakh rupees, or with both;
(b) section 7 or section 9 or section 10, shall be punishable with imprisonment for a term
which may extend to seven years and with fine which shall not be less than ten lakh rupees but
which may extend to fifty lakh rupees;
(c) section 17, shall be punishable, with—
(i) an imprisonment for a term which shall not be less than twenty years but which may
extend to imprisonment for life and with fine which shall not be less than fifty crore rupees for
any nuclear explosion in Antarctica; and
(ii) an imprisonment for a term which shall not be less than fourteen years but which may
extend to imprisonment for life and with fine which shall not be less than twenty-five crore
rupees for disposal of any radioactive waste material in Antarctica.
(d) section 11 or section 16 or section 33 or section 35, shall be punishable with imprisonment
for a term which may extend to three years, or with fine which shall not be less than fifteen lakh
rupees but which may extend to seventy-five lakh rupees, or with both;
(e) section 14 or section 32, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which shall not be less than five lakh rupees but which may extend
to twenty lakh rupees, or with both.
42. Penalty for contravention of certain provisions of Act involving vessel.—Where the
contravention involves a vessel under this Act, the Operator of such vessel shall be punishable,—
(a) for contravention of section 6 or section 11 or section 12 or section 13 or section 18 or
section 19 or section 21 or section 22, with imprisonment for a term which may extend to three
years, or with fine which shall not be less than one crore rupees but which may extend to five
crore rupees, or with both;
(b) for contravention of section 7 or section 9 or section 39, with imprisonment for a term
which may extend to seven years and with fine which shall not be less than two crore rupees but
which may extend to ten crore *
rupees.
43. Penalty for contravention of certain provisions of Act involving aircraft.—Where the
contravention involves an aircraft under this Act, the Operator of such aircraft shall be punishable,—
(a) for contravention of section 6 or section 11 or section 12 or section 19 or section 21, with
imprisonment for a term which may extend to three years, or with fine which shall not be less than
one crore rupees but which may extend to five crore rupees, or with both;
* By corrigendum.
20
(b) for contravention of section 9, with imprisonment for a term which may extend to seven
years and with fine which shall not be less than two crore rupees but which may extend to ten
crore *
rupees.
44. Penalty where no provision made in Act.—Any person who contravenes the provisions of
this Act or fails to comply with any provision thereof which it was his duty to comply with, and in
respect of which no penalty is specifically provided in this Act, shall be punishable with fine which
may extend to ten lakh rupees.
45. Offences by companies.—(1) Where any offence under this Act has been committed by a
company, every person who at the time the offence was committed was in-charge of, or 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 if he proves that the offence was committed without his knowledge or that he had
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 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; and
(b) “director”, in relation to a firm, means a partner of the firm.