30
CHAPTER-XIV
OFFENCES AND PENALTIES
Notyvithstanding anything contained in this Act, whosoever makes
any false and frivolous or vexatious complaint under the Act shall,
on conviction, be punished with imprisonment for a term which
may extend to two years and fine which may extend to one lakh
rupees.
No Court, except a Special Court. shall take cognizance of an
offence under sub- section (1).
No Special Court shall take cognizance of an offence under sub-
section ('1) except on a complaint made by a person against whom
the false, frivolous orvexatious complaint was made or by an officer
authorised by the Lokayukta.
The prosecution in relation to an offence under sub-section (1)
shall be conducted by the public prosecutor and all expenses
connected with such prosecution shall be borne by the Government.
ln case of conviction of a person being an individual or society or
association of persons or trust (whether registered or not) for having
made a false complaint under this Act, such person shall be liable
to pay compensation to the public servant against whom he made
the false complaint in addition to the legal expenses for contesting
the case by such public servant, as the Special Court may
determine.
Nothing contained in this section shall apply in case of complaints
made in good faith.
Explanation-For the purpose of this sub-section, the
expression "good faith" means any act believed or done by a person
in good faith with due care, caution and sense of responsibility or
by mistake of fact believing himself justified by law under section
79 of the lndian Penal Code, 1860.
Where any offence under sub-section (1) of section 45 has been
committed by any society or association of persons ortrust (whether
registered or not), every person who, at the time the offence was
committed, was directly in charge of, and was responsible to, the
society or association of persons or trust, for the conduct of the
business or affairs or activities of the society or association ol
persons or trust as well as such society or association of persons
or trust shall be deemed to be guilty of the offence and sha be
liable to be proceeded against and punished accordingly:
31
Provided that nothing contained 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 had exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (l), where an
offence under this Act has been committed by a sociely or
association of persons or trust (whether registered or not) 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, secrelary or other otficer of such society or
association of persons or trusl, such director, manager, secretary
or other officer shall also be deemed to be guilty ol that offence
and shall be liable to be proceeded against and punished
accordingly.
CHAPTER - XV
MISCELLANEOUS
Section 47 • The ARUNACHAL PRADESH LOKAYUKTA ACT,2014
Section 47. (1)
abunachal-pradesh-lokayukta-act-2014-sec-47.json
•
Section 47
{
"act_title": "The ARUNACHAL PRADESH LOKAYUKTA ACT,2014",
"act_slug": "abunachal-pradesh-lokayukta-act-2014",
"section_label": "Section",
"section": {
"number": "47",
"title": "Section 47. (1)",
"chapter": null,
"content": "30\nCHAPTER-XIV\nOFFENCES AND PENALTIES\nNotyvithstanding anything contained in this Act, whosoever makes\nany false and frivolous or vexatious complaint under the Act shall,\non conviction, be punished with imprisonment for a term which\nmay extend to two years and fine which may extend to one lakh\nrupees.\nNo Court, except a Special Court. shall take cognizance of an\noffence under sub- section (1).\nNo Special Court shall take cognizance of an offence under sub-\nsection ('1) except on a complaint made by a person against whom\nthe false, frivolous orvexatious complaint was made or by an officer\nauthorised by the Lokayukta.\nThe prosecution in relation to an offence under sub-section (1)\nshall be conducted by the public prosecutor and all expenses\nconnected with such prosecution shall be borne by the Government.\nln case of conviction of a person being an individual or society or\nassociation of persons or trust (whether registered or not) for having\nmade a false complaint under this Act, such person shall be liable\nto pay compensation to the public servant against whom he made\nthe false complaint in addition to the legal expenses for contesting\nthe case by such public servant, as the Special Court may\ndetermine.\nNothing contained in this section shall apply in case of complaints\nmade in good faith.\nExplanation-For the purpose of this sub-section, the\nexpression \"good faith\" means any act believed or done by a person\nin good faith with due care, caution and sense of responsibility or\nby mistake of fact believing himself justified by law under section\n79 of the lndian Penal Code, 1860.\nWhere any offence under sub-section (1) of section 45 has been\ncommitted by any society or association of persons ortrust (whether\nregistered or not), every person who, at the time the offence was\ncommitted, was directly in charge of, and was responsible to, the\nsociety or association of persons or trust, for the conduct of the\nbusiness or affairs or activities of the society or association ol\npersons or trust as well as such society or association of persons\nor trust shall be deemed to be guilty of the offence and sha be\nliable to be proceeded against and punished accordingly:\n\n31\nProvided that nothing contained in this sub-section shall\nrender any such person liable to any punishment provided in this\nAct, if he proves that the offence was committed without his\nknowledge or that he had exercised all due diligence to prevent\nthe commission of such offence.\n(2) Notwithstanding anything contained in sub-section (l), where an\noffence under this Act has been committed by a sociely or\nassociation of persons or trust (whether registered or not) and it is\nproved that the offence has been committed with the consent or\nconnivance of, or is attributable to any neglect on the part of, any\ndirector, manager, secrelary or other otficer of such society or\nassociation of persons or trusl, such director, manager, secretary\nor other officer shall also be deemed to be guilty ol that offence\nand shall be liable to be proceeded against and punished\naccordingly.\nCHAPTER - XV\nMISCELLANEOUS",
"footnote": "",
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"sort_order": 41
},
"prev_section": "46",
"next_section": "48"
}