Section 9 in The Jammu and Kashmir Control of Building Operations Act, 1988
9. Penalties.
(1)Any person who undertakes or carries out the development of any site or erect or re-erects any building or makes or extends any excavation or lays out any means of access to a road without the permission referred to in section 4 or in contravention of any condition subject to which such permission has been granted [or obstructs the authority under section 8] [Inserted by Act, VI of 1997, Section 4.] shall be punishable with fine which may extend to ten thousand rupees and in the case of continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.(2)Any person who obstructs the entry of a person authorised under section 6 to enter into or upon any building or land or molests such person alter such entry shall be punishable with fine which may extend to one thousand rupees.(3)If the person committing an offence under this Act, is a company, every person who at the time the offence 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 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 provided in this Act, if he proves that the offence was committed without his know ledge or that he exercised all due diligence to prevent the commission of such offence.(4)Notwithstanding anything contained in sub-section (3) where an offence under this Act, has been committed by a company 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 director, or 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 and shall be liable to be proceeded against and punished accordingly.Explanation. - For the purpose of this section-(a)"company" means a body corporate and includes a firm or other association of individuals ;(b)"director" in relation to a firm means a partner in the firm.
