abhishreshthaa
Abhijeet S
Prosecution for offences:
1. Which are the offences for which the prosecution can be initiated?
The offences and the extent of punishment are illustrated in the table below:
2. Who is liable to be punished?
The following persons may be punished for the specified offences:
Any person or dealer (including a company or a firm or an HUF, etc);
and/or
Any person deemed to be a manager of the dealer; and/or
In case of a company, the person in charge or a person responsible for conduct of the business or a director or a manager or a Secretary or any other officer; and/or
In case of a firm, its partners; and/or
In case of any HUF, the karta and/or the adult member thereof.
3. Cognizance of offences
All offences punishable under this Act or rules made there under shall be cognizable and bail able.
4. Investigation of offences
The commissioner may authorize, subject to prescribed conditions, any officer or person subordinate to him to investigate all or any of the offences punishable:
either generally, or
In respect of a particular case or class of cases.
5. Are there any provisions for Compounding of offences?
The commissioner may, either before or after the institution of
proceedings for any offence, after affording the person concerned an opportunity of being heard, accept the specified sum, by way of composition of the offence.
On payment thereof no further proceedings shall be taken and any proceedings, if already taken shall stand abated.
1. Which are the offences for which the prosecution can be initiated?
The offences and the extent of punishment are illustrated in the table below:
2. Who is liable to be punished?
The following persons may be punished for the specified offences:
Any person or dealer (including a company or a firm or an HUF, etc);
and/or
Any person deemed to be a manager of the dealer; and/or
In case of a company, the person in charge or a person responsible for conduct of the business or a director or a manager or a Secretary or any other officer; and/or
In case of a firm, its partners; and/or
In case of any HUF, the karta and/or the adult member thereof.
3. Cognizance of offences
All offences punishable under this Act or rules made there under shall be cognizable and bail able.
4. Investigation of offences
The commissioner may authorize, subject to prescribed conditions, any officer or person subordinate to him to investigate all or any of the offences punishable:
either generally, or
In respect of a particular case or class of cases.
5. Are there any provisions for Compounding of offences?
The commissioner may, either before or after the institution of
proceedings for any offence, after affording the person concerned an opportunity of being heard, accept the specified sum, by way of composition of the offence.
On payment thereof no further proceedings shall be taken and any proceedings, if already taken shall stand abated.