23. Penalties.—Any person who,—
(a) being required under this Act to produce any books, accounts or records or furnish any
information, fails to produce such books, accounts or records or fails to furnish such information or
furnishes information which is false, and which he either knows or believes to be false, or does not
believe to be true; or
1. Ins. by Act 7 of 2017, s. 140 (w.e.f. 1-4-2017).
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(b) obstructs any member or any officer or other employee of the Board or any person authorized
in this behalf by the Central Government or by the Board in the exercise of any power conferred or in
the discharge of any duty imposed on him by or under this Act, shall be punishable with
imprisonment which may extend to one year, or with fine which may extend to five thousand rupees,
or with both.
24. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of
any of the provisions of this Act or of any rule made thereunder (other than the provisions for the
contravention of which section 23 applies), shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or with both.
25. 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, if 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 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.
26. Jurisdiction of courts.—No court inferior to that of a Metropolitan Magistrate or a Magistrate of
the first class shall try any offence punishable under this Act.
27. Previous sanction of Central Government.—No prosecution for any offence punishable under
this Act shall be instituted except with the previous sanction of the Central Government.
28. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Central Government or the Board or any committee constituted by the Board or any
member of the Board or of such committee or any officer or other employee of the Central Government
or of the Board or any agent of or any other person authorised by the Central Government or the Board,
for anything which is in good faith done or intended to be done under this Act or the rules made
thereunder.
29. Dissolution of the Board.—(1) The Central Government may, if satisfied that it is necessary so
to do in the public interest, direct by notification in the Official Gazette that the Board shall be dissolved
from such date and for such period as may be specified in the notification.
(2) When the Board is dissolved under the provisions of sub-section (1),—
(a) all members, notwithstanding that their term of office has not expired, shall, from the date of
dissolution, vacate their offices as such members;
(b) all powers and duties of the Board shall, during the period of dissolution, be exercised and
performed by such person or persons as the Central Government may appoint in this behalf;
(c) all funds and other properties vested in the Board shall, during the period of dissolution, vest
in the Central Government.
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(3) As soon as the period of dissolution expires, the Board shall be re-constituted in accordance with
the provisions of this Act.
30. Act to have overriding effect.—The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any enactment other than this Act.
31. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the term of office and other conditions of service of members, the manner of filling vacancies
among and the procedure to be followed in the discharge of their functions;
(b) the powers which may be exercised and the duties which shall be performed by the Secretary
to the Board;
(c) the circumstances in which and the authority by which a member may be removed;
(d) the holding of minimum number of meetings of the Board every year;
(e) the convening of meetings of the Board and of its committees, the procedure to be followed at
the meetings of the Board and of its committees for the conduct of business and the number of
members which shall form quorum at a meeting;
(f) the maintenance by the Board of records of business transacted by the Board and the
submission of copies thereof to the Central Government;
(g) the powers of the Board, its Chairman and other members, Secretary and committees of the
Board with respect to the incurring of expenditure;
(h) the conditions subject to which the Board may incur expenditure outside India;
(i) the preparation of budget estimates of receipts and expenditure of the Board and the authority
by which the estimates are to be sanctioned;
(j) the form and manner in which the accounts should be kept by the Board;
(k) the custody and investment of the funds of the Board;
(l) the conditions to be observed by the Board in borrowing money;
(m) the conditions subject to which and the manner in which contracts may be entered into by or
on behalf of the Board;
(n) the delegation to the Chairman, Secretary or members or officers of the Board of any of the
powers and duties of the Board under this Act;
(o) the additional measures for the promotion of which the Board may render assistance;
(p) the remuneration and other allowances payable to the person or persons referred to in
clause (b) of sub-section (2) of section 29;
(q) the fees which the Board may charge for any assistance or services rendered by it under this
Act;
(r) the staff which may be employed by the Board and the pay and allowances and leave and
other conditions of service of officers (other than those appointed by the Central Government) and
other employees of the Board;
(s) any other matter which is to be or may be prescribed or provided for by rules under this Act.
(3) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made, before each House of Parliament. while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
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making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.