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Section 41
Penalty Provisions
(1) In relation to whether or not someone has established or operated an industry without registering the industry in accordance with this Act, during the necessary monitoring, investigation or inspection as prescribed by the Industrial Development Office of the concerned district, if it is found that the industrial development has been established or operated without registering the industry in accordance with this Act, the Industrial Development Office of the concerned district shall The office shall prepare a report with details related to the person establishing or operating such industry and send it to the ministry through the relevant department for action and the information shall be sent to the relevant district administration office.
(2) If a report is received in accordance with sub-section (1), the ministry may give such person a maximum of three months to register the industry in accordance with this Act and bring it into operation and submit proof thereof.
(3) The Ministry may take the following action on the person who does not register the industry within the time period as per sub-section (2):-
(a) ordering the closure of any industry established or operated by such person,
(b) After determining the level of the industry, the fine will be from ten thousand to twenty-five thousand rupees if it is a small enterprise level, from twenty-five thousand to one lakh rupees if it is a domestic and small industry level, and from one lakh to three lakh rupees if it is a medium and large scale industry.
(4) If the specified details are not provided in accordance with section 12 within the specified period, the industry registration body may impose the following penalties on the following industries for each financial year:-
(a) Small enterprises at the rate of five thousand rupees,
(b) Domestic industry at the rate of ten thousand rupees,
(c) Small industries at the rate of twenty thousand rupees,
(d) To medium industries at the rate of forty thousand rupees,
(e) Large industries at the rate of seventy five thousand rupees.
(5) If the following acts are committed, the Ministry may impose the following punishment on the recommendation of the industry registration body:-
(a) Failure to grant exemptions, facilities or concessions as per this Act to industries which act contrary to section 34 or if they have already received such exemptions, facilities or concessions, the exemptions, facilities or facilities receivedor to recover the amount of the concession or to impose a penalty of an equivalent amount or both,
(b) In case of non-discharge of professional social responsibility according to Section 48, to fine an amount equal to zero point seven five percent of the annual turnover of such industry,
(c) According to sub-section (6) of section 5, if the industry registration body does not comply with the instructions given from time to time and the conditions mentioned in the industry registration certificate or if it does not comply with the conditions as per sub-section (2) of section 30, the following industries may be fined as follows:-
(1) In case of small enterprises from twenty five thousand to one lakh rupees,
(2) In case of domestic and small industries, from two lakh to five lakh rupees,
(3) in the case of medium industries from five lakhs to ten lakhs of rupees, or
(4) In case of large industries, from fifteen lakh to three lakh rupees.
(d) Even when fined as per Clause (c), in accordance with Sub-section (6) of Section 5, if the industry registration body does not comply with the instructions given from time to time and the conditions mentioned in the industry registration certificate or if it does not comply with the conditions as per Sub-section (2) of Section 30, such industry shall be fined. Can give an order to stop the operation of an industry for a period of time or can order to cancel the registration or permit of such an industry.
(e) In case of violation of this Act or any other provision of the regulations made under this Act, up to fifteen thousand rupees in the case of small enterprises, fifteen thousand to thirty thousand rupees in the case of domestic and small industries, thirty thousand to fifty thousand rupees in the case of medium industries and fifty thousand to one rupee in the case of large industries. Penalty up to one lakh rupees.
(6) Before punishing in accordance with this section, the authority authorized to punish shall give fifteen days time to the concerned industry or person to submit their cleanup and evidence.