LIABILITIES OF DIRECTORSLIABILITIES OF DIRECTORS• THE COMPANIES ACT, 1956
• THE FACTORIES ACT, 1948
• THE PAYMENT OF BONUS ACT, 1965
• THE INDUSTRIAL DISPUTES ACT, 1947
• THE PAYMENT OF GRATUITY ACT, 1972
• WATER (PREVENTION AND CONTROL OF POLLUTION ACT), 1974
• AIR (PREVENTION AND CONTROL OF POLLUTION ACT), 1981
• ENVIRONMENT (PROTECTION) ACT, 1986
• PUBLIC LIABILITY INSURANCE ACT, 1991
Section Nature of Offence Liability
62 Civil Liability for mis-statement in Prospectus
Compensation to every person who have subscribed for shares in good faith
63 Criminal Liability for mis-statement in Prospectus
Imprisonment for a term which may extend to TWO years or with fine which may extent to Rs. 1,00,000 or both
68 Penalty for fradulently inducing persons to invest money.
Imprisonment which may extend to FIVE years or fine which may extend to Rs. 1, 00,000 or both.
269 Appointment and payment of remuneration to Managing Director/Whole time directors should be according to Schedule
If contravened(a) Fine of
Rs.1,00,000.(b) Refund of
salaries,
Section Nature of Offence Liability
XIII of the Acf or with the prior approval of the Central Government
Commission and other perquisites.
Contravention of (a) and (b) above.Imprisonment which may extend to THREE Years and fine of Rs.500 every day during which the default continues.
279 For holding office of Director in more than 15 Companies
Fine extending to Rs. 50,000 for each companies after the first fifteen companies
283 For holding office of Director knowing that he is disqualified to hold such office
Fine extending to Rs. 5000 everyday he functions as a Director.
Section Nature of Offence Liability
292A Constitution and Convening the meetings of Audit Committee
Imprisonment which may extend to ONE year or fine which may extend to Rs.50,000 or with both.
293A Prohibitions and Restrictions regarding political contributions.
Imprisonment which may extend to THREE years and Fine.
295 Loans to Directors without the approval of the Central Government.
Fine which may extend to Rs.50000 or with simple imprisonment for a term which may extend to SIX Months.
299 Disclosure of Interest by Directors
Fine which may extend to Rs. 50000.
300 Interested Directors not to participate in the meeting and vote in the proceedings.
Fine which may extend to Rs.50000/-
Section Nature of Offence Liability
372A Intercorporate Loans and Investments
Imprisonment which may extend to TWO Years or fine which may extend to Rs.50000/-
629A Contravention of Provisions of this Act for which penalty is not provided elsewhere in the Act
Fine which may extend to Rs.5000.
Continuing OffenceFine of Rs.500 everyday after the first day in which the default continues.
Section Nature of Offence Liability
Proviso to Section 92
Contravention of provisions of Chapter VI (Safety of Employees) and Section 87 (Dangerous Operations) which has resulted in an accident causing death or serious bodily injury
Accident causing death Fine shall not be less than Rs.25000/-
Accident causing serious bodily injuryFine shall not be less than Rs.5000/-
92 General Contravention Imprisonment extending to TWO years or fine upto Rs.1,00,000 or both.
Continuing OffenceRs.1000 every day during which the default continues.
Section Nature of Offence Liability
94 Enhanced penalty after previous conviction under Section 92
Imprisonment extending to THREE years and fine NOT less than Rs.10000 but a maximum of Rs.200000 or with both.
2nd proviso to Section 94
Enhanced penalty after previous conviction under proviso to Section 92
In case of accident causing death – Fine not less than Rs.35000/-
In case of accident causing serious bodily injury – Fine not less than Rs.10000/-
Section 95
Penalty for obstructing inspector:(a) Wilfully obstructs the inspector in discharge of his function.
Imprionment for a term which may extend to 6 months or with fine which may extend to Rs.10000 or with both.
Section Nature of Offence Liability
(b) Failure to produce any registers/documents.(c) Concealing or preventing any worker in a factory from appearing before or being examined by an Inspector
96 Wrongful disclosure of results of analysis under Section 91
Imprionment extending to SIX months or with fine extending to Rs.10000/- or with both.
96A Contravention of Sections 41-B, 41-C and 41-H
Imprisonment extending to SEVEN years and fine upto Rs.200000.
Continuing Offence:Rs. 5000 everyday after conviction for the first failure or contravention.
Section Nature of Offence Liability
28 Contravention of provisions of the Act and Rules or to comply with the requisitions made under the Act.
Imprisonment extending to SIX months or with fine extending to Rs.1000/- or with both.
Section Nature of Offence Liability
26 Penalty for illegal strikes and lockouts.
Imprisonment extending to ONE month and a fine extending to Rs.1000/- or with both.
27 Penalty for instigation Imprisonment for a term extending to SIX months or fine extending to Rs.1000/- or with both.
29 Penalty for giving Financial aid to illegal strikes or lock-outs
Imprisonment for a term extending to SIX months or fine extending to Rs.1000/- or both.
29 Penalty for breach of settlement or award.
Imprisonment for a term extending to SIX months or fine or both. Continuing offence:Rs.200 during everyday after first conviction.
Section Nature of Offence Liability
30 Penalty for giving confidential Information
Imprisonment for a term of SIX months or with a fine extending to Rs.1000/- or with both.
30A Penalty for closure without notice
Imprisonment for a term extending to SIX months or with fine which may extend to Rs.5000/- or with both.
31 Contravention of Section 33
---------------------------------------Other contraventions:
Imprisonment for a term extending to SIX months or with a fine extending to Rs.1000/- or with both.-----------------------------------Fine extending to Rs.1000/-
Section Nature of Offence Liability
9(1) For knowingly making any false statement or false representation
Imprisonment extending to SIX months or fine extending to Rs.10000/- or with both.
9(2) Contravention or default in complying with the provisions of this Act or any Rules or Order made there under.
Imprisonment for not less than THREE months but may extend to ONE year, or with a fine not less than Rs.10000/- but which may extend to Rs.20000/- or with both.
Proviso to Section 9(2)
Penalty for non-payment of Gratuity payable under this Act
Imprisonment for a period not less than SIX months but which may extend to TWO years.(Court has power to lessen the term of imprisonment or imposition of time.
Section Nature of Offence Liability
42 Destroying, removing, defacing of any notice or post/stake fixed in the ground by the Pollution Control Board
Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both.
Obstructing any person acting under the directions of the Pollution Control Board in performing his functions
Damaging any works or property belonging to the Pollution Control Board.
Failure to furnish any information required by the Pollution Control Board.
Failure to intimate the occurrence of any accident or other unforseen act or event to the PCB or other authorities.
Section Nature of Offence Liability
42 Knowingly or wilfully providing any false statements in respect of which any information required to be provided under this Act. Imprisonment for a
term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both.
Knowingly or wilfully providing any false statements for obtaining consent order under this Act.
Knowingly or wilfully alters or interferes any monitoring device so as to prevent it from monitoring correctly for obtaining consent order under this Act.
Section Nature of Offence Liability
43 Section 32(1)(c) – Order issued for immediately restraining or prohibiting from discharging any poisonous, noxious and polluting matter into the stream or well or from making insanitary use of the stream or well.
Imprisonment not less than ONE year and SIX months but may extend to FIVE years and with Fine.
Continuing Offence:Rs.5000 for everyday during which the default continues after the first conviction.
For continued failure beyond a period of ONE year after the date of conviction, Imprisonment for not less than TWO years but may extend upto SEVEN years.
Section 33(2) - Orders issued by the Court for restraining apprehended pollution of water in streams or wells.
Section 33A – Any directions issued by the Pollution Control Board.
Section Nature of Offence Liability
41 Failure to comply with the directions under Section 20(2) or Section 20(3)
Imprisonment for a term which may extend to THREE months or fine which may extend to Rs.10000 or with both.
Continuing Offence:Rs.5000/- everyday during continuance of default after first conviction.
43 Contravention of provisions of Section 24 – Prohibition of use of stream, well for disposal of polluting matter.
Imprisonment for a term which shall not be less than ONE year and SIX months but may extend to SIX years with fine.
Section Nature of Offence Liability
44 Contravention of Section 25Failure to obtain previous consent of PCB for establishment of any industry or bringing into use any new or altered outlet for discharge of sewage or make any new discharge of sewage.
Imprisonment for a term which shall not be less than ONE year and SIX months but may extend to SIX years with fine.
45 Second and Subsequent offence under Section 44
Imprisonment for a term not less than TWO years but which may extend to SEVEN years with fine.
45A Other penalties not provided elsewhere in the Act.
Imprisonment which may extend to THREE months or with a fine which may extend to Rs.10000/- or both. In case of continuing offence, Fine Rs.5000/- for everday after first conviction
Section Nature of Offence Liability
37 Failure to comply with the provisions of
Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both.
Section 21 – To obtain consent of the PCB to establish or operate any industrial plant.
Section 22 – Emission of air pollutants in excess of the standards laid down by PCB.
Section 31A – Any directions given by PCB.
39 Other penalties not provided elsewhere in the Act
Imprisonment which may extend to THREE months or with a fine which may extend to Rs.10000/- or both. In case of continuing offence, Fine Rs.5000/- for everday after first conviction
Section Nature of Offence Liability
38 Destroying, removing, defacing of any notice or post/stake fixed in the ground by the Pollution Control Board
Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both.
Obstructing any person acting under the directions of the Pollution Control Board in performing his functions
Damaging any works or property belonging to the Pollution Control Board.
Failure to furnish any information required by the Pollution Control Board.
Failure to intimate the occurrence of any accident or other unforseen act or event to the PCB or other authorities.
Section Nature of Offence Liability
38 Knowingly or wilfully providing any false statements in respect of which any information required to be provided under this Act. Imprisonment for a
term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both.
Knowingly or wilfully providing any false statements for obtaining consent order under this Act.
Knowingly or wilfully alters or interferes any monitoring device so as to prevent it from monitoring correctly for obtaining consent order under this Act.
Section Nature of Offence Liability
15 Penalty for contravention of the Provisions of the Act and the rules, orders and directors
Imprisonment for a term which may extend to FIVE years or with fine which may extend to Rs.100000/-
In case of continuing default, Rs.5000 everyday after the conviction from the first failure.
If failure continues beyond ONE year after the date of conviction, Imprisonment for a term which may extend to SEVEN years.
Section Nature of Offence Liability
14 Penalty for contravention of Imprisonment for a term of not less than ONE year and SIX months but may extend to SIX years or with a fine which shall not be less than Rs.100000/- or with both.In case of second and subsequent default, Imprisonment for a term not less than TWO years but may extend to SEVEn years and with a fine not less than Rs.100000/-
Section 4(1) – To take insurance policies for handling hazardous process
Section 4(2) – TO renew the insurance policy from time to time before the expiry of the period of validity.
Section 4(2A) - Insurance taken/renewed shall not be less than the paid-up capital and more than the amount exceeding Rs.50 Crores.
Section 4(2C) - Payment towards environmental relief fund.
Sec 12 - Compliance of Direction of the Central Government Sec 12