General provisions regarding penalties
42. (1) When any money-lender or any servant or agent of, or any person responsible for the management of the money-lending business of, a money-lender knowingly and wilfully commits, authorises or permits any default in complying with, or any contravention of, any provision of this Act, if the money-lender or such servant, agent or person is-
(a) an individual, such individual, or
(b) an undivided Hindu joint family, any member of such family who is knowingly and wilfully a party to such default or contravention, or
(c) a body corporate, any director or officer of such body who is knowingly and wilfully a party to such default or contravention, or
(d) an unincorporated body, any member of such body who is knowingly and wilfully a party to such default or contravention.
shall, where a specific penalty has been provided in this Act, be punishable under the provisions of this Act providing such penalty, and where no such specific penalty has been provided, be punishable on conviction-
(i) for the first offence, with fine which may extend to two hundred Taka,
(ii) for the second offence, with fine which may extend to five hundred Taka, and
(iii) for any subsequent offence, with rigorous imprisonment which may extend to three months and shall also be liable to fine.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898
, an offence punishable under sub-section (1) shall be cognizable and bailable.