84. Punishment for false information, mala fide action, etc.–(1) If a person, in connection with a
requirement or direction under this Act, provides any information that is false or misleading, or
produces any false document, he shall be liable to be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with
both.
(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through
fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may
be prescribed.
(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government
servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be
liable to such punishment including a fine as the disciplinary authority may decide.
85. Penalty for contravention of provisions of Act.–If any person contravenes any of the
provisions relating to payment of compensation or rehabilitation and resettlement, every such person
shall be liable to a punishment of six months which may extend to three years or with fine or with
both.
86. Offences by companies.–(1) Where an offence under this Act has been committed by a
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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, 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 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 that the commission of the offence 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 and a Requiring Body; and
(b) “director”, in relation to a firm, means a partner in the firm.
87. Offences by Government departments.–(1) 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 any person liable to any punishment if
such person proves that the offence was committed without his knowledge or that such person
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 Department of the Government 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
officer, other than the head of the department, such officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, for section 87, along with the marginal heading the following section shall be
substituted, namely:-
“87. Offences by Government officials. –Where any offence under this Act has been committed
by any person who is or was employed in the Central Government or the State Government, as the
case may be, at the time of commission of such alleged offence, the Court shall take cognizance of
such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(Act 2 of 1974) is followed.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 10 (w.e.f. 1-1-2014).]
Maharashtra
For section 87 of the principal Act, the following section shall be substituted, namely:-
“87. Offences by Government Officials. –Where any offence under this Act has been committed
by any person who is or was employed in the Central Government or the State Government, as the
case may be, at the time of commission of such alleged offence, the court shall take cognizance of such
offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(2 of 1974), in its application to the State of Maharashtra, is followed.”
[Vide Maharashtra Act 37 of 2018, sec. 9 (w.e.f. 26-4-2018).]
Haryana
After section 87 of the principal Act, the following section shall be inserted, namely:-
“87A. Offences by Government officials.- Where an offence under this Act has been committed
by any person who is or was employed in the Central Government or State Government, as the case
may be, at the time of commission of such alleged offence, no court shall take cognizance of such
41
offence unless the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) has been followed.”
[Vide Haryana Act 21 of 2018, sec. 4 (w.e.f. 9-5-2018).]
88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.
89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain persons.–No court shall take
cognizance of any offence under this Act which is alleged to have been committed by a Requiring
Body except on a complaint in writing made by the Collector or any other officer authorised by the
appropriate Government or any member of the affected family.