15. Where the Competent Authority, at the time of examining the report or explanations
or report referred to in sub-section (3) of section 5 on the complaint submitted by organisation
or official concerned, is of the opinion that the organisation or official concerned, without
any reasonable cause, has not furnished the report within the specified time or mala fidely
refused to submit the report or knowingly given incomplete, incorrect or misleading or false
report or destroyed record or information which was the subject of the disclosure or obstructed
in any manner in furnishing the report, it shall impose—
(a) where the organisation or official concerned, without any reasonable cause,
has not furnished the report within the specified time or mala fidely refused to submit
the report, a penalty which may extend to two hundred fifty rupees for each day till
report is furnished, so, however, the total amount of such penalty shall not exceed fifty
thousand rupees;
(b) where the organisation or official concerned, has knowingly given incomplete,
incorrect or misleading or false report or destroyed record or information which was
the subject of the disclosure or obstructed in any manner the furnishing of the report,
a penalty which may extend to fifty thousand rupees:
Provided that no penalty shall be imposed against any person unless he has been
given an opportunity of being heard.
16. Any person, who negligently or mala fidely reveals the identity of a complainant
shall, without prejudice to the other provisions of this Act, be punishable with imprisonment
for a term which may extend up to three years and also to fine which may extend up to fifty
thousand rupees.
Protection of
witnesses and
other persons.
Protection of
identity of
complainant.
Penalty for
furnishing
incomplete or
incorrect or
misleading
comments or
explanation or
report.
Power to
pass interim
orders.
Penalty for
revealing
identity of
complainant.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
17. Any person who makes any disclosure mala fidely and knowingly that it was
incorrect or false or misleading shall be punishable with imprisonment for a term which may
extend up to two years and also to fine which may extend up to thirty thousand rupees.
18. (1) Where an offence under this Act has been committed by any Department of
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 unless he proves that the
offence was committed without his knowledge or that he 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 Department of Government and it is proved that the offence
has been committed with the consent or connivance of, or is attributable, such officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
19. (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 has 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 the 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.
20. Any person aggrieved by any order of the Competent Authority relating to
imposition of penalty under section 14 or section 15 or section 16 may prefer an appeal to
the High Court within a period of sixty days from the date of the order appealed against:
Provided that the High Court may entertain the appeal after the expiry of the said
period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause
from preferring the appeal in time.
Explanation.—For the purposes of this section, the "High Court" means the High
Court within whose jurisdiction the cause of action arose.
21. No Civil Court shall have jurisdiction in respect of any matter which the Competent
Authority is empowered by or under this Act to determine and no injunction shall be granted
by any court or other authority in respect of any action taken or to be taken in pursuance of
any power conferred by or under this Act.
22. (1) No court shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder, save on a complaint made by the Competent Authority
or any officer or person authorised by it.
Punishment
for false or
frivolous
disclosure.
Punishment
to Head of
Department
in certain
cases.
Offences by
companies.
Appeal to
High Court.
Bar of
jurisdiction.
Court to take
cognizance.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(2) No court inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence punishable under this Act.