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Applicability of Section 126(6) on 124

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As per Section 124 ,FINE will be levied on non representation or on failure of submission of statistics as demanded..
Now further,in 126(6) it is said if there is fixed sum or fixed % of PENALTY in this act then above provisions i.e 126(1) to 126(5) will not apply to it..

Query: Will this 126(6) be applied to 124 ?... because in 124 also there is no fixed amount or fixed % of fine...
Replies (4)
Yes....
Basically penalty u/s 126 will not levied where penalty is imposed under any other section of the Act
Thank you for replying sir...But query is why 126(6) be applied to 124 because 126(6) has specifically used "penalty" and 124 is all about fine...
Dear
Section 126 will invoke only when the other provision of Section prescribing penalty is not covered.
In my opinion, General disciplinary for penalty also apply to fine where subjective opinion involved to determine penalty or fine.


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