Section 41 of The Airports Economic Regulatory Authority of India Act, 2008 in hindi
- (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.
Summary
- When a government department commits an offence, the Head of the Department is held legally responsible.
- The Head of the Department can avoid punishment if they prove they had no knowledge of the offence or took all necessary steps to prevent it.
- If it is proven that a lower-ranking officer consented to, helped with, or neglected to stop the offence, that officer is also held guilty.
Practical examples
FAQ
1. Who is automatically blamed if a government department breaks the law?
The Head of the Department is deemed guilty.
2. Can the Head of the Department clear their name?
Yes, by proving they did not know about the offence or that they exercised all due diligence to stop it.
3. What happens to a junior officer who helps break the rules?
They will also be deemed guilty and punished if the offence involved their consent, connivance, or neglect.
Test yourself
Q1.Under Section 41 of The Airports Economic Regulatory Authority of India Act, 2008, who is initially deemed guilty if an offence is committed by a Government Department?
Q2.Under Section 41 of The Airports Economic Regulatory Authority of India Act, 2008, how can the Head of the Department avoid punishment?
Q3.Under Section 41 of The Airports Economic Regulatory Authority of India Act, 2008, what is required to hold an officer other than the Head of the Department guilty?
Q4.How do the defences for individuals in Section 41 (Government Departments) of The Airports Economic Regulatory Authority of India Act, 2008 compare to those in Section 40 (Companies)?