(1) If the person committing an oEmce under this Act is a company, Oficnces by every person, who, at the time the offence was committed was in chargc of companiesand was responsiblc 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 &d shall be liable to he prncecded against and punished accordingly:
Provided that nothing contained in this sub-sccti~n shall render any such person liable to anypunishment provided under this Act, if b e p r o v ~ that the - offcnce was committed without his knowledge or that he exercised all due djligencc to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an offence under tltisAct has been co~nmitted byacompanyand it is proved that the offencc has been committed with the consent or connivance of, or is attributable to any ncglect on the part of any director, manager, secretary or other ~ B c c r , such director, msnager, secretary or other officer shall be deemed j to be guilty ofthat offence and shall be Iiable to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section-
(a) "company" means a body corporare amd includes a finn or other association of individ-is; and 68 URBAN DEVELOPMENT AUTHORITY 1 1977 : Haryana Act 13
(3) "director" in relation to a fmm means a partner in the firm.
Fines when 36. All fines mliscd in connection with prosecutions undcr this Ac t shall rcaliscd to be be paid to the Authority. u paid to Authority.
Composition of 37. (1) Any offence made punishable under this Act may, either before offences. or after the institution ofprocedngs, be compounded by the Authority or by any person autborised by the Authority in this behalf.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
MISCELLANEOUS
38. Where, in the opinion of the State Government, it is necessary that Chargc for exlensionof ~~eamenitiesprovidedbytheAuthorityinm~mareashouldbeextcnded !
!
amenit ics. to any land or building situated within the said area or within such distance from the said area it may deem expedient, such amenities shall be extended to r such land or building and the owner of such land or building sh!l be liablc to I pay to the .4uthority, in the manner prescribed, such development charges therefor, as may be fixed by the State Government having regard to the expenses to be incurred for providing such amenities and the benefits to bc extended to the land or building.
Mcmbers, officer 39 , All members, oflicers and other employees of the Authority shall be employees deemedt0be~ublicservantswithintherneaningofsection21 ofthchdian to be pubiic Penal code, 1860.
scrvants.
Jurisdiction of 40. No court infenor to that of a Magstrate of the first class shall try an courts. offence punishable under this Act.
Sanc:ion for 41. No prosecution for any offence punishable under this Act shall be Prosecution- instituted except with the previous sanction of the Authority or any officer I authorised by the Authority. 1 Scrv ic~ of 42. (1 ) All notices, all orders and othmdocurnents required by tllis Acl notice, ttc. or any rule or regulation made thereunder to be served upon my person shalI, save as othenvise provided in this Act or such rule or regulation, be deemed 8 .
to be duly servedt 977 : Haryana Act 131 URUAN DEVELOPMENT AUT~IORIT'~'
(a) where the person to be served is a company, if the document is addressed to the Secretary of the said conipany, at its registered ofice or at its principal ofice or place ofbusiness and is either--
(i) sentbyreg7steredpost;'or
(ii) delivered at the registcred office or at the principal office or place of business of the said company;
(b) where the person to be served is a partnership firm, if the document is a d b e d to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either - .
(i) sent by registered post;or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body, or a corporation' or society or other body, if the document is addresskd to the Secrctary, Treasurer or other head of ofice of that body, corporation or society, as its principal ofice and is cither-
(i) sent by registered post; or
(ii) delivered at the said office;
(d) in any other case, if the document is addressed to the person to be served and - (13 is given or tendered to him ;or
(ii) i s sent by regstered post to the person; or
(iii) if such person cannot be found, is affixcd on some conspicuous part of his last known place of residence or .business, if within an urban area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates.
(2) 'hy document which is required or authorised to be served on the owner or occupicr of any land or building may be addressed 'we owne?' or , "thcoccupier",asthecasemaybe,ofthatlandorbuiIding(nmingthatland or building) without hrther name or description, and shall be deemed to be duly servcd-
(a) if the document so addressed is sent t o b e delivered in accordance with clause (b) of sub-section (1) ; or URBAN DEVEL.C)PMF.NT ALITIIORITY [ 1977 : Haryana Act 13
(h) if the document so addressed. or a copy therco f so addressed, is delivered to any person on thc land or building or wherc there i s no person on the land orbuilding to whom it can be delivered is affixed to some conspicuous part of the land or ;
building.
(3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owncr of any property, the Secretary may, by notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is t9 be served is a minor, the senice u p n his guardian or any adult membex of his farnilyshall be deemed to be service upon the minor.
i3platiuiion.-A servant is not a member ofthe family within the meaning of this section.
i Notices, erc, to 43. Where any noticc, order or other docurncnt issued or made under I fixrcasonable rhisActormyruleorregulationmadcthcreunderrequiresanythingtobe me. done for the doing of which no time is fixed in this Act or the rule or regulation, T the notice, ordcr or other document shall specie a reasonable time for doing the same.
Authentica~ion. 44. All permissioils, orders, decisions, notices and other documents of theAuthorityshal1 be authenticated by the signatures of the Secretary or any other officer authorised by the Authority in this behalf.
~Modc of proof 35. A copy of any receipt, application, plarl, nolice, et~lry in a register, of records of or other document, iri the possession of the Authority, if duly certified by the Authority. legal keeper thereof, or other person authorised by the Authority in this behalf, shall be received as prima-facie evidence of the existence of the document and shall be admitted as evidence of the matters and transactions thcrein recqrdd 111 cvery case, where, and to the same extent as, the original docurnen t would, ifproduced, have been admissible to prove such matters.
Kestriction on 46. No member, officer or other employee of theAuthority shall, in any summoning of IegaI procwimgs to which the Authority is not a party, be required, to produce I membcrs, any register or dccument the contcnts of which can be proved under the officcrs and other employees prcceding section by a certified copy or to appcar as a witness to prove the of matters and transactions recorded therein, unless by ordcr of thc court made for special cause.
1977 : Haryana Act 131 U ~ A N DEVELOPMEN-I- A U I HORI-I 'Y 7 1
47. No suit, prosecurion or otl~er legal proceedings shall lie against any Protcctinn of person for anything which is in good faith clnneor intcl~ded to be dom under aclion tab in I this .Act or any rule or regulation nladc thereunder. good faith.
45. It shall be the duty of every police oficcr- Rc1ario11 uf Authority n~j~li (0 to commu~iicate \rlithout delay to the proper office or the PQliec, employee of t he Auth0rity.m~ infonnatjon which he receives of a design to conunit or of the commission of any offence agaimt th is Act or any rule or tcgulation mad^ thereunder ; and
(ii) to assist the member or any officer or other employee of the Authority in the lawful excrcise of any power vesting in such mcmber, officer or other employee under this Act or any rulc or regulation made thereunder.