Airports Economic Regulatory Authority of India Act, 2008
41. Offences by
Government Departments. -
1.
Where
an offence under this Act has been committed by any Department of Government or
any of its undertakings, the Head of the Department or its undertakings shall
be deemed to be guilty of an offence and shall be liable to be proceeded
against and punished accordingly unless 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 any Department of Government or its undertakings 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 officer, other than the Head of
the Department, or its undertakings, such officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.