90. Offences by
companies. - (1) Where
an offense under this Act has been committed by a company, every person who at
the time the offense was committed, was in charge of, and was responsible 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 offense and shall be liable to be
proceeded against and punished accordingly:
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 (1), 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 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
accordingly.
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, means a
partner in the firm.
91. Punishment for
fraudulently availing any benefit meant for persons with benchmark
disabilities. - Whoever,
fraudulently avails or attempts to avail any benefit meant for persons with
benchmark disabilities, shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend to one lakh rupees or
with both.
92. Punishment for
offences of atrocities. - Whoever,-
(a) intentionally insults or intimidates with intent to
humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability
with intent to dishonour him or outrage the modesty of a woman with disability;
(c) having the actual charge or control over a person with
disability voluntarily or knowingly denies food or fluids to him or her;
(d) being in a position to dominate the will of a child or
woman with disability and uses that position to exploit her sexually;
(e) voluntarily injures, damages or interferes with the use
of any limb or sense or any supporting device of a person with disability;
(f) performs, conducts or directs any medical procedure to
be performed on a woman with disability which leads to or is likely to lead to
termination of pregnancy without her express consent except in cases where
medical procedure for termination of pregnancy is done in severe cases of
disability and with the opinion of a registered medical practitioner and also
with the consent of the guardian of the woman with disability,
shall be punishable
with imprisonment for a term which shall not be less than six months but which
may extend to five years and with fine.
93. Punishment for
failure to furnish information. - Whoever, fails to produce any book, account or other
documents or to furnish any statement, information or particulars which, under
this Act or any order, or direction made or given thereunder, is duty bound to
produce or furnish or to answer any question put in pursuance of the provisions
of this Act or of any order, or direction made or given thereunder, shall be
punishable with fine which may extend to twenty-five thousand rupees in respect
of each offence, and in case of continued failure or refusal, with further fine
which may extend to one thousand rupees for each day, of continued failure or
refusal after the date of original order imposing punishment of fine.
94. Previous
sanction of appropriate Government. - No Court shall take cognizance of an offence alleged
to have been committed by an employee of the appropriate Government under this
Chapter, except with the previous sanction of the appropriate Government or a
complaint is filed by an officer authorized by it in this behalf.
95. Alternative
punishments. - Where an
act or omission constitutes an offence punishable under this Act and also under
any other Central or State Act, then, notwithstanding anything contained in any
other law for the time being in force, the offender found guilty of such
offence shall be liable to punishment only under such Act as provides for
punishment which is greater in degree.