(1) Whoever contravenes any of the provisions of this Act or any rules made thereunder or obstructs any officer or person in the exercise of any powers conferred or in the performance of any duty imposed upon him by or under this Act, shall be liable for imprisonment of either description which may extend to one year or with fine upto one lakh rupees only or with both.
(2) If the person committing an offence under this Act is a company, the company as well as every person incharge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished as per sub-section (1):
Provided that nothing contained in this sub-section shall render any 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.
(3) Notwithstanding anything contained in sub-section (2), 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 that the commission of the offence 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 as per sub-section (1).
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, is a partner in the firm.
Penalty.
HARYANA GOVT. GAZ. (EXTRA.), APR. 28, 2025 (VYSK. 8, 1947 SAKA) 98 Cognizance of offence.
17. No Court shall take cognizance of and try any offence punishable under this Act except on the report in writing of the facts constituting such offence made by the competent authority or any officer authorized by the Government in this behalf.
Compensation. 18. (1) The horticulture plant and plant material, which is not found genuine and of same type as mentioned in the bill/invoice by the owner, shall be treated as violation of the provisions of this Act and the owner shall be liable to be punished as per the provisions of sub-section (1) of section 16.
(2) In pursuance to sub-section (1), the owner shall also be liable to pay compensation-
(i) in case of horticulture plant other than ornamental plant, equal or upto twice the cost of cultivation;
(ii) in case of ornamental plant, double the cost of purchasing of ornamental plant:
Provided that the said compensation shall be subject to the recommendations of the committee to be constituted by the competent authority for this purpose.
Jurisdiction of Court.
19. No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act or rules made thereunder.
Officers and persons exercising power under this Act to be public servants.
20. All officers appointed under this Act and every person authorized to exercise any powers conferred or to perform any duties imposed on him by or under this Act shall be deemed to be public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).
Protection of action taken in good faith.
21. No suit, prosecution or other legal proceeding shall lie against the Government or any officer for anything, which is done or intended to be done or order issued in good faith in pursuance of the provisions of this Act or the rules made thereunder.
Power to make rules.