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Chapter-3 Offences and Punishment

  1. Offences and punishment: (1) In cases where a person does any of the following acts, he or she shall be deemed to have committed the offence under this Act:

(a)        Taking the social security allowance by lying the description,

(b)        Taking the social security allowance contrary to this Act or the Rules framed under this Act,

(c)        Misusing the social security allowance received by any person or using it against his or her interest, by his or her guardian, curator or caretaker or other person,

(d)       Misusing of the social security allowance by the official who distributes the social security allowance,

(e)        Submitting a false description or making a false recommendation.

(2)        In cases where a person commits any of the offences referred to in clauses (a), (b), (c) and (e) of sub-section (1), the person shall be liable to a fine that is equal to the claimed amount, after recovering the amount taken by him or her who commits such offence.

(3) In cases where a person commits the offence referred to in clause (d) or makes a false recommendation under clause (e) of sub-section (1), the concerned official shall be punished under the prevailing law.

  1. To make complaint: Any person may make a complaint on the offence under this Act to the Judicial Committee of the concerned Local Level.
  2. To try cases: (1) The Judicial Committee of the Local Level concerned shall try and settle the cases other than that referred to in clause (d) of sub-section (1) of Section 21 under this Act.

(2) The Judicial Committee shall try and settle the case referred to in sub-section (1)) within one hundred and twenty days from the date of its filing.

(3) Notwithstanding anything contained in sub-sections (1) and (2), in cases where a complaint related to the offence referred to in clause (d) of sub-section (1) of Section 21 is made, such a complaint shall be sent to the body concerned for necessary action.

  1. Appeal: A person who is not satisfied with the decision made by the Judicial Committee pursuant to Section 23 may make an appeal to the District Court within thirty-five days from the date of receipt of information of such decision.
  2. Punish imposable under the prevailing law: In cases where any act deemed to be an offence under this Act is also deemed to be an offence under the prevailing law, nothing contained in this Act shall be deemed to bar from instituting and proceeding the case under the prevailing law on such an offence.