(1) 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:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where anyoffence 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 negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly or other association of individuals; and
Explanation.—'For the purposes of this section,—
(a) "company" means amy body corporate and includes a firm or other association of individuals: and
(b) "director" in relation to a firm, means a partner in the firm.
Offences by companies.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PIHT IT— Cognizance of offences.
18. No court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing made by such officer, not below the rank, of a Group 'A' officer of the Central Government as the State Government may, by notification in the Official Gazette, specify in this behalf.
CHAPTER V MISCELLANEOUS Power to prohibit transmission of certain programmes in public interest.
19. Where an officer, not below the rank of a Group 'A' officer of the Central Government authorised by the State Government in this behalf, thinks it necessary or expedient so to do in the public interest, he may, by order, prohibit any cable operator from transmitting or retransmitting any paticular programme if it is likely io promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities or which is p-.ejudicial to the maintenance of harmony between different religions, racial, language or regional groups or castes or communities and which disturbs or is likely to disturb the public tranquillity .
Power to prohibit operation of cable television network in public interest,
20. Where the Central Government thinks it necessary or expedient so to do in the public interest, it may prohibit the operation of any cable television network in such areas as it may, by notification in the Official Gazette, specify in this behalf- Application of other laws not barred.
21. The provisions of this Ordinance shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940, the Pharmacy Act, 1948, the Emblems, and Names (Prevention of Improper Use) Act.
1950, the Drugs (Control) Act, 1950, the Cinematograph Act, 1952, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Prevention of Food Adulteration Act, 1954, the Prize Competitions Act. 1955, the Copyright Act, 1957, the Trade and Merchandise Marks Act, 1958, the Indecent Representation of Women (Prohibition) Act, 1986 and the Consumer Protection Act, 1986.
23 of 1940.
8 of 1948.
12 of 1950.
26 of 1950.
37 of 1952.
21 of 1954.
3.7 of 1954.
42 of 1955- 14 of 1957.
43 of 1958 00 of 1986.
6fl of 1986.
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