(1) Without prejudice to any penalty imposed by the adjudicating officer under section 70, whoever––
(a) commits a breach or violation referred to in sub-section (1) of section 70 which is likely to pose a grave threat or risk to public or environment; or knowingly or repeatedly commits any such breach or violation;
(b) carries out any of the activities without a licence or safety authorisation for which a licence or safety authorisation is required under this Act;
Punishment for offences.
36 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 36 Offences by companies.
Offences by Government Departments.
(c) violates safeguards or security requirements under this Act;
(d) fails to comply with the provisions of section 15;
(e) fails to deposit the amount under section 68; or
(f) fails to pay the penalty imposed by the adjudicating officer under section 70, shall be deemed to be an offence under this Act and be punishable with imprisonment for a term which may extend to five years or with fine or with both.
(2) Whoever obstructs any authority or officer in the exercise of their powers under this Act or knowingly makes any false declaration or statement in any return or reports submitted to the Central Government or the Board shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(3) Whoever abets or attempts or conspires to commit any offence specified in sub-section (1) or sub-section (2), shall be liable to the same punishment as they apply to such offences.
(4) Whoever takes part in or commits or abets or incites the unauthorised removal or use of source material or fissile material or radioactive material or discloses any restricted information shall be punishable for a term which may extend to ten years of rigorous imprisonment or with fine or with both.
(5) Where an offence under this section relates to a factory, mine or any facility, then the occupier, owner or the employer of such factory, mine or facility, at the time the offence was committed, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such occupier, owner or employer 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.