50. Penalty for other offences.-
(1) Whoever contravenes any other provision
of this Act or any rules made thereunder or
who fails to comply with any provision of this
Act or any rules made thereunder shall, where
no express penalty is elsewhere provided for
such contravention or failure, be punishable
with fine which may extend to one thousand rupees
for every such contravention or failure, as
the case may be, and in the case of a continuing
contravention or failure, as the case may be.
with an additional fine which may extend to
one hundred rupees for every day during which
such contravention or failure continues after
the conviction for the first such contravention
or failure.
(2) A penalty under sub-section
(1) may be imposed-
(a) by the Director-General
where the contravention or failure relates to
a matter to which the appropriate Government
is the Central Government; and
(b) by the Chief Inspector
where the contravention or failure relates to
a matter to which the appropriate Government
is the State Government.
(3) No penalty shall be imposed
unless the person concerned is given a notice
in writing-
(a) informing him of the grounds
on which it is proposed to impose a penalty
and
(b) giving him a reasonable
opportunity of making a representation in writing
within such reasonable time as may be specified
in the notice against the imposition of penalty
mentioned therein, and, if he so desires, of
being heard in the matter.
(4) Without prejudice to any
other provision contained in this Act, the Director-General
and the Chief Inspector shall have all the powers
of a civil court under the code of Civil Procedure,
1908 (5 of 1908), while exercising any powers
under this section, in respect of the following
matters, namely:-
(a) summoning and enforcing
the attendance of witnesses;
(b) requiring the discovery
and production of any document;
(c) requisitioning any public
record or copy thereof from any court or office;
(d) receiving evidence on
affidavits; and
(e) issuing commissions for
the examination of witnesses or documents.
(5) Nothing contained in this
section shall be construed to prevent the person
concerned from being prosecuted under any other
provision of this Act or any other law for any
offence made punishable by this Act or by that
other law, as the case may be, or for being
liable under this Act or any such law to any
other or higher penalty or punishment than is
provided for such offence by this section:
Provided that
no person shall be punished twice for the same
offence.
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