# The Dam Safety Act, 2021, Section 42: Offences by Departments of Government

- Act: The Dam Safety Act, 2021 (Act 41 of 2021)
- In force from: 2021-12-30
- Ministry: Ministry of Jal Shaktri
- Source URL: https://indiacode.ecourtsindia.com/dam-safety-act-2021/section/42/

## Text

(1) Where an offence under this Act has been committed by a Department of the Government, the head of the Department shall be deemed to be guilty of the 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 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 a Department of the Government 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, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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