DM Act 56Chapter X · Offences and Penalties
Section 56 · Failure of officer in duty or his connivance at the contravention of the provisions of this Act
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1[1] Any officer, on whom any duty has been imposed by or under this Act and who ceases or
refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the
express written permission of his official superior or has other lawful excuse for so doing, be punishable
with imprisonment for a term which may extend to one year or with fine.
1[(2) Notwithstanding any action under sub-section (1), it shall be lawful for the State Government on its own or on the directions given by the Central Government to take such disciplinary action under the relevant rules, against any officer who ceases or refuses to perform or withdraws himself from the duties of his office or on grounds of insubordination or dereliction of duty during a disaster:
Provided that the action taken by the State Government shall not be inconsistent with the directions given by the Central Government.]
1[(2) Notwithstanding any action under sub-section (1), it shall be lawful for the State Government on its own or on the directions given by the Central Government to take such disciplinary action under the relevant rules, against any officer who ceases or refuses to perform or withdraws himself from the duties of his office or on grounds of insubordination or dereliction of duty during a disaster:
Provided that the action taken by the State Government shall not be inconsistent with the directions given by the Central Government.]
The offence at a glance
- Maximum punishment
- 1 year
- Fine
- Fine — no statutory ceiling, the court decides
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Derived from the First Schedule Part II rule — not listed section by section
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