Chapter 7

Offence, Penalty and Trial

31. Penalty for contravention of provisions ofsection 5.—A person commits an offence if he contravenesthe provision ofsection 5 and forsuch offence he shall be liable to be sentenced to imprisonment for a term not exceeding 14 (fourteen) years or to a fine not exceeding 50 (fifty) thousand taka or with both.

 

32. Penalty for contravention of provisions ofsection 6.—A person commits an effence if he contravenesthe provision ofsection 6 and forsuch offence he shall be liable to be sentenced to imprisonment for a term not exceeding 10 (ten) years or to a fine not exceeding 30 (thirty) thousand taka or with both.

 

33. Penalty for contravention of provisions ofsection 7.—A person commits an offence if he contravenesthe provision ofsection 7 and forsuch offence he shall be liable to be sentenced to imprisonment for a term not exceeding 5 (five) years or to a fine not exceeding 15 (fifteen) thousand taka or with both.

 

34. Penalty for contravention of provisions ofsection 8.—A person commits an offence if he contravenesthe provision ofsection 8 and forsuch offence he shall be liable to be sentenced to imprisonment for a term not exceeding 4 (four) years or to a fine not exceeding 12 (twelve) thousand taka or with both.

 

35. Penalty for contravention of provisions ofsection 9.—A person commits an offence if he contravenesthe provision ofsection 9 and forsuch offence he shall be liable to be sentenced to imprisonment for a term not exceeding 3 (three) years or to a fine not exceeding 10 (ten) thousand taka or with both.

 

36. Offence relating to inspection.—(1) If any authorisation is issued undersection 12, any of the following acts of any person shall be an offence, namely:-

  •  
    • (a) refusal to assist to carry out the function of inspection according to the Verification Annex and to obey the request of disciplined force and incountry escort without any reasonable cause;
    • (b) interferance in the installation or keeping in custody any container, equipment or any other materials used in the inspection according to the Verification Annex without any reasonable cause;
    • (c) willfully obstructing any member of inspection team or in-country escort or any person involved in the inspection while carrying out the functions of inspection according to Verification Annex.
  • (2) Any person guilty of any offence mentioned in sub-section (1)shall be liable to be sentenced to imprisonment for 2 (two) years orto a fine not exceeding 10 (ten) thousand taka or with both.

37. Penalty for contravention of provisions ofsection 20.—A person commits an offence if he contravenes the provision of section 20 and for such offence he shall be liable to be sentenced to imprisonment for a term not exceeding 1 (one) year or to a fine not exceeding 3 (three) thousand taka or with both.

 

38. Penalty for contravention of provisions ofsection 21.—A person commits an offence if he contravenes the provision of section 21 and for such offence he shall be liable to be sentenced to imprisonment for a term not exceeding 1 (one) year or to a fine not exceeding 5 (five)thousand taka or with both.

 

39. Cognizance of offence, etc.—Notwithstanding anything contained in the Criminal Procedure, no courtshall take cognizance of any offence under this Act except on the basis of a written complaint of an officer authorised in this behalf by the Government.

 

40. Offence to be Non-bailable and cognizable.—The offence punishable under this Actshall be non-bailable and cognizable.

 

41. Offences by companies etc.—(1) If any offence under this Act is committed by a company, every director, manager, secretary, partner or officer and employee thereofshall, directly involved in commission of the offence, be deemed to have committed the offence, unless he provesthat the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.

Explanation.—In thissectionf

  • (a) "company" means any commercial enterprise, partnership business, union or association;
  • (b) "director" includes a partner or a member of board of directors.

42. Application of Criminal Procedure.—Subject to the consistency of the provision of this Act, the Criminal Procedure shall be applicable to the investigation of an offence, trial, appeal and other matters incidental thereto under this Act.