(a) On whom an enlistment notice has been served under this Act and in respect of whom no postponement certificate is in force or no application or appeal for postponement of national service is pending, fails or omits to render the service which he is required by such notice to render, or
(b) Having commenced to render national service, leaves that service without obtaining a discharge under section 17,he shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees. (2) Any person who-
(a) In giving any information for the purposes of this Act, knowingly or recklessly makes a statement which is false in material particulars or which he does not believe to be true, or
(b) (i) With the intention of deceiving, forges or uses or lends or allows to be used for any person any certificate issued under this Act, or
(ii) Makes, or has in his possession, any document so closely resembling any certificate so issued as to be calculated to deceive, shall be punished with imprisonment for a term not exceeding three years, or with fine not exceeding one thousand rupees, or with both.
Any qualified person who contravenes any provision of the Act for the contravention of which no penalty is separately specified in this Act, shall be punished with fine which may extend to five hundred rupees:
Provided that in any proceedings for an offence punishable under this section, it shall be a defence for the accused to prove that he was prevented from complying with the provisions of this Act by circumstances beyond his control.
(1) Where any provision of this Act or of any order made there under is contravened by a company, every person who at the time the contravention was made 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 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, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed and it is proved that the offence has been committed with the consent or connivance, 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 be deemed to be guilty of that offence 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.
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