41. Punishment for obstruction, etc.—Whoever, without reasonable cause, —
(a) obstructs any officer or employee of the Central Government or the State Government, or a
person authorised by the National Committee or the Authority or the State Committee or the State
Dam Safety Organisation in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the
State Government or the National Committee or the Authority or the State Committee or the State
Dam Safety Organisation under this Act, shall be punishable with imprisonment for a term which
may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with
directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment
for a term which may extend to two years.
42. Offences by Departments of Government.—(1) Where an offence under this Act has been
committed by a 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 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 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 be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
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43. Offence by companies.—(1) Where an offence under this Act has been committed by a
company or body corporate, 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 contravention and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing 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
exercised 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 was 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 purpose 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.
44. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under
this Act, except on a complaint made by the Central Government or the State Government or a person
authorised in this behalf by the National Committee or the Authority or the State Committee or the
State Dam Safety Organisation, as the case may be.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence punishable under this Act.