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CHAPTER VI
PENALTIES AND APPEALS

19. Penalty,.---(1) The Authority may, by order, direct any person or undertaking to pay to the Federal Government by way of penalty such sum not exceeding one lakh of rupees as may be specified in the order if, after giving the person or undertaking concerned an opportunity of being heard, it determines that such person or undertaking--

(a) has failed to comply with any order of the Authority made under this Ordinance, or has willfully failed to register as required by the provisions of this Ordinance, or

(b) has furnished any information or made any statement to the Authority which he knows or has reason to believe to be false in material particular.

(2) If any such failure as-is referred to in clause (a) of that subsection is a continuing one, the Authority may in the manner provided for in subsection (1) also direct that the person or undertaking guilty of such failure shall pay by way of penalty to the
Federal Government a further sum which may extend to ten thousand rupees for every day after the first.

(3) A penalty imposed under subsection (1) or subsection (2) shall be recoverable as an arrears of land revenue.

20. Appeal to the High Court
.---Any person aggrieved by an order of the Authority under section 11 or section 19 may, within sixty days of the receipt of such order, appeal against it to the High Court on any of the following grounds, namely:--

(a) that the order is contrary to law or to some usage having the force of law;

(b) that the order has failed to determine some material issue of law or usage having the force of law;

(c) that there has been a substantial error or defect in following the procedure provided in this Ordinance which may possibly have produced error or defect in the order upon the merits.

21. Power to call for information relating to undertakings.---Notwithstanding anything contained in any other law for the time being in force, the Authority may, by general or special order, call upon any person for the time being responsible for the conduct of the affairs of an undertaking to furnish periodically or as and when required any information concerning the activities of the undertaking, including information relating to its organization, business, trade practices, management and connection with any other undertaking which the Authority may consider necessary or useful for the purposes of this Ordinance.

22. Compensation not payable.---No person shall be entitled to or be paid any compensation or damages for any loss or injury suffered by him on account of the termination of any agreement or employment or the divestment of any share or property in pursuance of any order made under this Ordinance.

23. Indemnity.---No suit, prosecution or other legal proceeding shall lie against the Authority or any officer or servant of the Authority for anything in good faith done or intended to be done under this Ordinance or any rule or order made thereunder.

24. Power to make hales.---The Authority may make and publish rules regarding procedures, fees and all other matters for carrying out the purposes of this Ordinance.

25. Ordinance not to apply to certain undertaking.---This Ordinance shall not, unless the Federal Government by notification in the official Gazette otherwise directs, apply--

(a) to an undertaking which is owned by the Federal Government or a Provincial Government, or

(b) to an undertaking which is owned by a body corporate established by the Government by law or whose Chief Executive is appointed by or with the approval of the Federal Government or by a Provincial Government, or

(c) to anything done by any person or undertaking in pursuance of any order of the Federal Government or a Provincial Government, or

(d) to anything done by a Trade Union, or its members for carrying out its purposes.


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