(1) The State Government may confer, on an Executive Magistrate, the powers oH a Judicial Magistrate of the first class or of the second class for the trial of offences under this Ordinance; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the Code of Criminal Procedure, 1973, to be a Judicial Magistrate of the first class, or of the second class, as the case may be.
2 of 1974.
Offences to be tried by Executive Magistrates.
(2) An offence under this Ordinance may be tried summarily by a Magistrate.
%%. Every offence under this Ordinance shall be cognizable and bailable.
Cognizance of Offences.
Offences by com-
23. (I) Where an offence under this Ordinance has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of,, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub-section (I), where any offence under this Ordinance has been committed by a company 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 director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other association of individuals: and
(b) "director", in relation to a firm, means a Dartner in the firm.
CHAPTER VII MISCELLANEOUS
24. No suit, prosecution or other legal proceeding shall lie against any State Government or any officer of the State Government or any member of the Vigilance Committee for anything which is in good faith done or intended to be done under this Ordinance.
Protection of action taken in good faith.
25. No civil court shall have jurisdiction in respect of any matter to which any provision of this Ordinance applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Ordinance.
Jurisdiction of civil courts barred.
690 THl; GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]