The Oil Industry (Development) Act, 1974

[Exemption from liability to pay income-tax.] Omitted by the Finance Act, 2002 (20 of 2002), s. 159 (w.e.f. 1-4-2003).

    23.¹[Punishments].---Any person who,---

        (a) being required under this Act to produce any books, accounts or records or furnish any information, fails to produce such books, accounts or records or fails to furnish such information or furnishes information which is false, and which he either knows or believes to be false, or does not believe to be true ²[shall be liable to penalty which may extend to five crore rupees]; or

        (b) obstructs any member or any officer or other employee of the Board or any person authorized in this behalf by the Central Government or by the Board in the exercise of any power conferred or in the discharge of any duty imposed on him by or under this Act, shall be ³[deemed to have committed an offence under section 221 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

    ¹[24. Adjudication of penalties.--- For the purpose of adjudicating penalties under clause (a) of section 23, the Central Government shall appoint an officer not below the rank of Joint Secretary to the Government of India as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

    Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.]

¹[25. Offence or contravention by companies.---Where an offence or a contravention under this Act has been committed by a company, every person who, at the time the offence or the contravention 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 offence or liable for the contravention 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 or penalty, if he proves that the offence or the contravention was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence or the contravention.

(2) Notwithstanding anything contained in sub-section (1), where an offence or a contravention under this Act has been committed by a company and it is proved that the offence or the contravention 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 or liable for that contravention 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.]

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the term of office and other conditions of service of members, the manner of filling vacancies among and the procedure to be followed in the discharge of their functions;

(b) the powers which may be exercised and the duties which shall be performed by the Secretary to the Board;

(c) the circumstances in which and the authority by which a member may be removed;

(d) the holding of minimum number of meetings of the Board every year;

(e) the convening of meetings of the Board and of its committees, the procedure to be followed at the meetings of the Board and of its committees for the conduct of business and the number of members which shall form quorum at a meeting;

(f) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government;

(g) the powers of the Board, its Chairman and other members, Secretary and committees of the Board with respect to the incurring of expenditure;

(h) the conditions subject to which the Board may incur expenditure outside India;

(i) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned;

(j) the form and manner in which the accounts should be kept by the Board;

(k) the custody and investment of the funds of the Board;

(l) the conditions to be observed by the Board in borrowing money;

(m) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board;

(n) the delegation to the Chairman, Secretary or members or officers of the Board of any of the powers and duties of the Board under this Act;

(o) the additional measures for the promotion of which the Board may render assistance;

¹[(oa) the manner of holding an inquiry and imposing penalties under section 24;]

(p) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-section (2) of section 29;

(q) the fees which the Board may charge for any assistance or services rendered by it under this Act;

(r) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board;

(s) any other matter which is to be or may be prescribed or provided for by rules under this Act.

(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament. while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

¹[23A. Certain persons to be public servants.---Member, officer or any other employee of the Board empowered by the Central Government, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).]

¹[24A. Appeal.---(1) Every appeal against the order of the adjudicating officer under section 24, shall lie with the Appellate Tribunal referred to in section 30 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006) and the provisions contained in sections 33, 34, 35 and 36 of that Act, shall, mutatis mutandis apply, in relation to every such appeal.

(2) The provisions contained in section 37 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006) shall mutatis mutandis apply, in relation to every appeal against the order of the Appellate Tribunal referred to in sub-section (1).]