89. Punishment for contravention of provisions of Act or rules or regulations made
thereunder.—Any person who contravenes any of the provisions of this Act, or of any rule made
thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees
and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but
which may extend to five lakh rupees.
90. 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:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, 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 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
(b) “director”, in relation to a firm, means a partner in the firm.
91. Punishment for fraudulently availing any benefit meant for persons with benchmark
disabilities.—Whoever, fraudulently avails or attempts to avail any benefit meant for persons with
benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years
or with fine which may extend to one lakh rupees or with both.
92. Punishment for offences of atrocities.—Whoever,—
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any
place within public view;
(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the
modesty of a woman with disability;
(c) having the actual charge or control over a person with disability voluntarily or knowingly
denies food or fluids to him or her;
(d) being in a position to dominate the will of a child or woman with disability and uses that
position to exploit her sexually;
(e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting
device of a person with disability;
(f) performs, conducts or directs any medical procedure to be performed on a woman with
disability which leads to or is likely to lead to termination of pregnancy without her express consent
except in cases where medical procedure for termination of pregnancy is done in severe cases of
disability and with the opinion of a registered medical practitioner and also with the consent of the
guardian of the woman with disability,
shall be punishable with imprisonment for a term which shall not be less than six months but which may
extend to five years and with fine.
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93. Punishment for failure to furnish information.—Whoever, fails to produce any book, account
or other documents or to furnish any statement, information or particulars which, under this Act or any
order, or direction made or given there under, is duty bound to produce or furnish or to answer any
question put in pursuance of the provisions of this Act or of any order, or direction made or given
thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of
each offence, and in case of continued failure or refusal, with further fine which may extend to one
thousand rupees for each day, of continued failure or refusal after the date of original order imposing
punishment of fine.
94. Previous sanction of appropriate Government.—No Court shall take cognizance of an offence
alleged to have been committed by an employee of the appropriate Government under this Chapter,
except with the previous sanction of the appropriate Government or a complaint is filed by an officer
authorised by it in this behalf.
95. Alternative punishments.—Where an act or omission constitutes an offence punishable under
this Act and also under any other Central or State Act, then, notwithstanding anything contained in any
other law for the time being in force, the offender found guilty of such offence shall be liable to
punishment only under such Act as provides for punishment which is greater in degree.