12. Any person who"
(1)
| | (a) carries on the business of air transportation in contravention of section 9; | | |
| | (b) resists or obstructs the Director-General of Civil Aviation or any person authorized by him in the exercise by such Director-General or such person, of the powers conferred on him by section 11; | | |
| | (c) fails to maintain any such records as he is required to maintain under section 9(5) ; | | |
| | (d) fails to furnish any such return, information or explanation as ha is required to furnish under section 9(5) ; | | |
| | (e) knowingly makes any false or incorrect statement in any such record, return, information or explanation; | | |
| | (f) fails to comply with any other provision of this Part of this Act or any regulation made thereunder, | | |
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(2) When an offence under this Part of this Act is committed by a body of persons, then
| | (a) if that body of persons is a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of that body corporate ; or | | |
| | (b) if that body of persons is a firm, every person who at the time of the commission of the offence was a partner of that firm, | | |
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(3) Every person who is guilty of an offence under this Act, shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a period not exceeding one year or to both such fine and imprisonment. |
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(4) Where any person carrying on business of air transportation under the authority of a licence issued under sub section (1) of section 9 is convicted by a court of competent jurisdiction of any offence under this Part of this Act and no appeal against such conviction is preferred or the conviction is confirmed in appeal, the Director-General of Civil Aviation may without notice revoke such licence under this subsection and such revocation shall be final and conclusive and shall not be called in question in any court or tribunal. |
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