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Section 22

The Uttarakhand River Valley (Development and Management) Act, 2005State Act of Uttarakhand · Act 6 of 2005

(1) Provisions contained in any other Act, Rules or regulation made or notification issued by the Government which are inconsistent with the provisions of this Act and as applicable to the area of the River Valley shall cease to apply from coming into force of the Act.

(2) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other Act, law, custom, usage or contract.

(3) Save as otherwise provided in sub-section (1) the provisions of this Act shall be in addition to and not in derogation of any other Act.

Chapter-VII Offences and penalties etc.

Offences 23. (1) Any person or director in relation to a firm who at the time when the offence was committed was incharge of and was responsible for the affairs of the company or for the conduct of the business of the company who undertakes or carried out major development on the land in contravention of the Master Plan or Sectoral Plan as mentioned in section 10 and 11 or contravenes the provisions of section 21 of this act shall be punishable with fine which may extend to twenty thousand rupees and in case of continuing offences with further fine which may extend to one thousand rupees for everyday during which such offence continues or three times the assessed value of construction so raises, which ever is greater. Provided further if any material is seized from the offender the same shall stands forfeited in favour of the Authority.

(2) Any person who obstructs the entry of a person Authorized under section 16 to entry into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months or fine of one thousand rupees or both.

(3) Whosoever-

(a) Whoever destroys, pullsdown, makes injuries or defaces any piller, post or stake fixed in the ground or any notice or other matter putup, inscribed or placed by or under the directions of the Authority; or

(b) Damages any works, property, belonging to the Authority; or

(c) Fails to furnish to the Authority or any other officer of the Authority any information required by the Authority or such officer for the purpose of this Act; or

(d) For the purpose of obtaining any permission or NOC under section 21 of the Act makes a statement which is false in any material particular or in any way pollutes the River Valley or otherwise contravenes the provisions of this Act shall be punishable with imprisonment for a term which may extend to one months or with fine which may extend to five thousand rupees or both.

Explanation- in this section director in relation to a firm also means a partner of the firm.

Jurisdiction of court

24. No court inferior to that of Judicial magistrate of first class shall try offence punishable under this Act.

Cognizance of offences

25. No court shall take cognizance of any offence under this Act except on a complaint in writing made under the signature of an officer duly authorized by the Authority in this behalf.

Sanction of prosecution

26. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Chief Executive Officer or such other officer of the Authority not below the rank of Additional Chief Executive officer.

Fines when realized to be paid to the Authority

27. All fines realized in connection with the prosecutions under this Act shall be paid and credited to the fund of the Authority.

Compounding of offences

Where this provision sits

ActThe Uttarakhand River Valley (Development and Management) Act, 2005
Section22
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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