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LIABILITIES OF DIRECTORS & OTHER OFFICERS. LIABILITIES OF DIRECTORS THE COMPANIES ACT, 1956 THE FACTORIES ACT, 1948 THE PAYMENT OF BONUS ACT, 1965 THE.

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Presentation on theme: "LIABILITIES OF DIRECTORS & OTHER OFFICERS. LIABILITIES OF DIRECTORS THE COMPANIES ACT, 1956 THE FACTORIES ACT, 1948 THE PAYMENT OF BONUS ACT, 1965 THE."— Presentation transcript:

1 LIABILITIES OF DIRECTORS & OTHER OFFICERS

2 LIABILITIES OF DIRECTORS THE COMPANIES ACT, 1956 THE FACTORIES ACT, 1948 THE PAYMENT OF BONUS ACT, 1965 THE INDUSTRIAL DISPUTES ACT, 1947 THE PAYMENT OF GRATUITY ACT, 1972 WATER (PREVENTION AND CONTROL OF POLLUTION ACT), 1974 AIR (PREVENTION AND CONTROL OF POLLUTION ACT), 1981 ENVIRONMENT (PROTECTION) ACT, 1986 PUBLIC LIABILITY INSURANCE ACT, 1991

3 THE COMPANIES ACT 1956

4 SectionNature of OffenceLiability 62Civil Liability for mis-statement in Prospectus Compensation to every person who have subscribed for shares in good faith 63Criminal Liability for mis- statement in Prospectus Imprisonment for a term which may extend to TWO years or with fine which may extent to Rs. 1,00,000 or both 68Penalty for fradulently inducing persons to invest money. Imprisonment which may extend to FIVE years or fine which may extend to Rs. 1, 00,000 or both. 269Appointment and payment of remuneration to Managing Director/Whole time directors should be according to Schedule If contravened (a)Fine of Rs.1,00,000. (b)Refund of salaries,

5 SectionNature of OffenceLiability XIII of the Acf or with the prior approval of the Central Government Commission and other perquisites. Contravention of (a) and (b) above. Imprisonment which may extend to THREE Years and fine of Rs.500 every day during which the default continues. 279For holding office of Director in more than 15 Companies Fine extending to Rs. 50,000 for each companies after the first fifteen companies 283For holding office of Director knowing that he is disqualified to hold such office Fine extending to Rs. 5000 everyday he functions as a Director.

6 SectionNature of OffenceLiability 292AConstitution and Convening the meetings of Audit Committee Imprisonment which may extend to ONE year or fine which may extend to Rs.50,000 or with both. 293AProhibitions and Restrictions regarding political contributions. Imprisonment which may extend to THREE years and Fine. 295Loans to Directors without the approval of the Central Government. Fine which may extend to Rs.50000 or with simple imprisonment for a term which may extend to SIX Months. 299Disclosure of Interest by Directors Fine which may extend to Rs. 50000. 300Interested Directors not to participate in the meeting and vote in the proceedings. Fine which may extend to Rs.50000/-

7 SectionNature of OffenceLiability 372AIntercorporate Loans and Investments Imprisonment which may extend to TWO Years or fine which may extend to Rs.50000/- 629AContravention of Provisions of this Act for which penalty is not provided elsewhere in the Act Fine which may extend to Rs.5000. Continuing Offence Fine of Rs.500 everyday after the first day in which the default continues.

8 THE FACTORIES ACT 1948 (OCCUPIER AND MANAGER)

9 SectionNature of OffenceLiability Proviso to Section 92 Contravention of provisions of Chapter VI (Safety of Employees) and Section 87 (Dangerous Operations) which has resulted in an accident causing death or serious bodily injury Accident causing death Fine shall not be less than Rs.25000/- Accident causing serious bodily injury Fine shall not be less than Rs.5000/- 92General ContraventionImprisonment extending to TWO years or fine upto Rs.1,00,000 or both. Continuing Offence Rs.1000 every day during which the default continues.

10 SectionNature of OffenceLiability 94Enhanced penalty after previous conviction under Section 92 Imprisonment extending to THREE years and fine NOT less than Rs.10000 but a maximum of Rs.200000 or with both. 2 nd proviso to Section 94 Enhanced penalty after previous conviction under proviso to Section 92 In case of accident causing death – Fine not less than Rs.35000/- In case of accident causing serious bodily injury – Fine not less than Rs.10000/- Section 95Penalty for obstructing inspector: (a) Wilfully obstructs the inspector in discharge of his function. Imprionment for a term which may extend to 6 months or with fine which may extend to Rs.10000 or with both.

11 SectionNature of OffenceLiability (b) Failure to produce any registers/documents. (c) Concealing or preventing any worker in a factory from appearing before or being examined by an Inspector 96Wrongful disclosure of results of analysis under Section 91 Imprionment extending to SIX months or with fine extending to Rs.10000/- or with both. 96AContravention of Sections 41-B, 41-C and 41-H Imprisonment extending to SEVEN years and fine upto Rs.200000. Continuing Offence: Rs. 5000 everyday after conviction for the first failure or contravention.

12 PAYMENT OF BONUS ACT 1965

13 SectionNature of OffenceLiability 28Contravention of provisions of the Act and Rules or to comply with the requisitions made under the Act. Imprisonment extending to SIX months or with fine extending to Rs.1000/- or with both.

14 THE INDUSTRIAL DISPUTES ACT 1947

15 SectionNature of OffenceLiability 26Penalty for illegal strikes and lockouts. Imprisonment extending to ONE month and a fine extending to Rs.1000/- or with both. 27Penalty for instigationImprisonment for a term extending to SIX months or fine extending to Rs.1000/- or with both. 29Penalty for giving Financial aid to illegal strikes or lock-outs Imprisonment for a term extending to SIX months or fine extending to Rs.1000/- or both. 29Penalty for breach of settlement or award. Imprisonment for a term extending to SIX months or fine or both. Continuing offence: Rs.200 during everyday after first conviction.

16 SectionNature of OffenceLiability 30Penalty for giving confidential Information Imprisonment for a term of SIX months or with a fine extending to Rs.1000/- or with both. 30APenalty for closure without notice Imprisonment for a term extending to SIX months or with fine which may extend to Rs.5000/- or with both. 31Contravention of Section 33 --------------------------------------- Other contraventions: Imprisonment for a term extending to SIX months or with a fine extending to Rs.1000/- or with both. ----------------------------------- Fine extending to Rs.1000/-

17 PAYMENT OF GRATUITY ACT 1972

18 SectionNature of OffenceLiability 9(1)For knowingly making any false statement or false representation Imprisonment extending to SIX months or fine extending to Rs.10000/- or with both. 9(2)Contravention or default in complying with the provisions of this Act or any Rules or Order made there under. Imprisonment for not less than THREE months but may extend to ONE year, or with a fine not less than Rs.10000/- but which may extend to Rs.20000/- or with both. Proviso to Section 9(2) Penalty for non-payment of Gratuity payable under this Act Imprisonment for a period not less than SIX months but which may extend to TWO years. (Court has power to lessen the term of imprisonment or imposition of time.

19 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

20 SectionNature of OffenceLiability 42Destroying, removing, defacing of any notice or post/stake fixed in the ground by the Pollution Control Board Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both. Obstructing any person acting under the directions of the Pollution Control Board in performing his functions Damaging any works or property belonging to the Pollution Control Board. Failure to furnish any information required by the Pollution Control Board. Failure to intimate the occurrence of any accident or other unforseen act or event to the PCB or other authorities.

21 SectionNature of OffenceLiability 42Knowingly or wilfully providing any false statements in respect of which any information required to be provided under this Act. Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both. Knowingly or wilfully providing any false statements for obtaining consent order under this Act. Knowingly or wilfully alters or interferes any monitoring device so as to prevent it from monitoring correctly for obtaining consent order under this Act.

22 SectionNature of OffenceLiability 43Section 32(1)(c) – Order issued for immediately restraining or prohibiting from discharging any poisonous, noxious and polluting matter into the stream or well or from making insanitary use of the stream or well. Imprisonment not less than ONE year and SIX months but may extend to FIVE years and with Fine. Continuing Offence: Rs.5000 for everyday during which the default continues after the first conviction. For continued failure beyond a period of ONE year after the date of conviction, Imprisonment for not less than TWO years but may extend upto SEVEN years. Section 33(2) - Orders issued by the Court for restraining apprehended pollution of water in streams or wells. Section 33A – Any directions issued by the Pollution Control Board.

23 SectionNature of OffenceLiability 41Failure to comply with the directions under Section 20(2) or Section 20(3) Imprisonment for a term which may extend to THREE months or fine which may extend to Rs.10000 or with both. Continuing Offence: Rs.5000/- everyday during continuance of default after first conviction. 43Contravention of provisions of Section 24 – Prohibition of use of stream, well for disposal of polluting matter. Imprisonment for a term which shall not be less than ONE year and SIX months but may extend to SIX years with fine.

24 SectionNature of OffenceLiability 44Contravention of Section 25 Failure to obtain previous consent of PCB for establishment of any industry or bringing into use any new or altered outlet for discharge of sewage or make any new discharge of sewage. Imprisonment for a term which shall not be less than ONE year and SIX months but may extend to SIX years with fine. 45Second and Subsequent offence under Section 44 Imprisonment for a term not less than TWO years but which may extend to SEVEN years with fine. 45AOther penalties not provided elsewhere in the Act. Imprisonment which may extend to THREE months or with a fine which may extend to Rs.10000/- or both. In case of continuing offence, Fine Rs.5000/- for everday after first conviction

25 AIR(PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

26 SectionNature of OffenceLiability 37Failure to comply with the provisions of Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both. Section 21 – To obtain consent of the PCB to establish or operate any industrial plant. Section 22 – Emission of air pollutants in excess of the standards laid down by PCB. Section 31A – Any directions given by PCB. 39Other penalties not provided elsewhere in the Act Imprisonment which may extend to THREE months or with a fine which may extend to Rs.10000/- or both. In case of continuing offence, Fine Rs.5000/- for everday after first conviction

27 SectionNature of OffenceLiability 38Destroying, removing, defacing of any notice or post/stake fixed in the ground by the Pollution Control Board Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both. Obstructing any person acting under the directions of the Pollution Control Board in performing his functions Damaging any works or property belonging to the Pollution Control Board. Failure to furnish any information required by the Pollution Control Board. Failure to intimate the occurrence of any accident or other unforseen act or event to the PCB or other authorities.

28 SectionNature of OffenceLiability 38Knowingly or wilfully providing any false statements in respect of which any information required to be provided under this Act. Imprisonment for a term which may extend to THREE months or with a fine which may extend to Rs.10000/- or with both. Knowingly or wilfully providing any false statements for obtaining consent order under this Act. Knowingly or wilfully alters or interferes any monitoring device so as to prevent it from monitoring correctly for obtaining consent order under this Act.

29 ENVIRONMENT(PROTECTION) ACT

30 SectionNature of OffenceLiability 15Penalty for contravention of the Provisions of the Act and the rules, orders and directors Imprisonment for a term which may extend to FIVE years or with fine which may extend to Rs.100000/- In case of continuing default, Rs.5000 everyday after the conviction from the first failure. If failure continues beyond ONE year after the date of conviction, Imprisonment for a term which may extend to SEVEN years.

31 PUBLIC LIABILITY INSURANCE ACT, 1991

32 SectionNature of OffenceLiability 14Penalty for contravention ofImprisonment for a term of not less than ONE year and SIX months but may extend to SIX years or with a fine which shall not be less than Rs.100000/- or with both. In case of second and subsequent default, Imprisonment for a term not less than TWO years but may extend to SEVEn years and with a fine not less than Rs.100000/- Section 4(1) – To take insurance policies for handling hazardous process Section 4(2) – TO renew the insurance policy from time to time before the expiry of the period of validity. Section 4(2A) - Insurance taken/renewed shall not be less than the paid-up capital and more than the amount exceeding Rs.50 Crores. Section 4(2C) - Payment towards environmental relief fund. Sec 12 - Compliance of Direction of the Central Government Sec 12

33 THANK YOU!


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