Section 3B of The Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980
Offences by authorities and Government departments.
1[3B. Offences by authorities and Government departments.--(1) Where any offence under this Act has been committed
- (a)by any department of Government, the head of the department; or
- (b)by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority, 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 the head of the department or any person referred to in clause (b), liable to any punishment if the proves that the offence was committed without his knowledge or that exercised all due diligence to prevent the commission of such offence.
- (2)Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed by a department of government or any authority referred to in clause (b) of sub-section (1) 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, or in the case of an authority, any person other than the persons referred to in clause (b) of sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.]
Summary
- If a Government department commits an offence, the head of that department is deemed guilty.
- If an authority commits an offence, the authority and the person directly in charge of its business are deemed guilty.
- Deemed guilty persons can avoid punishment if they prove they did not know about the offence or that they worked diligently to prevent it.
- Other officers or employees can also be deemed guilty if they consented to, helped in, or neglected their duty to prevent the offence.
Practical examples
FAQ
1. Who is held responsible if a Government department violates the forest law?
The head of that Government department is deemed to be guilty of the offence.
2. Who is held responsible if an authority commits a violation?
Both the authority itself and every person who was directly in charge of and responsible to the authority for conducting its business are deemed guilty.
3. How can a department head or person in charge prove they are innocent?
They must prove either that the offence was committed without their knowledge, or that they exercised all due diligence (did everything they could) to prevent it.
4. Can subordinate officers be punished under Section 3B?
Yes, if it is proved that the offence happened with their consent, connivance (secretly helping), or neglect, those specific officers will also be deemed guilty.
Test yourself
Q1.If a Government department commits an offence under this Act, who is deemed guilty of that offence in the first instance?
Q2.Which two parties are deemed guilty when an authority commits an offence under this Act?
Q3.Under Section 3B(1), a person in charge can escape liability if they prove what?
Q4.If an officer other than the head of the department is found to have connived in an offence, what happens to them?
Q5.What is the meaning of "due diligence" as used in the defense under Section 3B?