(1) Where an offence under this Act has been committed by a company, the company as well as every person in charge of;
and responsible to, the company for the conduct of its business at the time of the commission of the offence 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 provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence.
(2) Not withstanding anything contained in sub-section (3) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence in 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation . – For the purpose 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 partner in the firm.
1 After section 8 of the principal Act, a new subsection 8A has been inserted vide amendment dated 06.08.2008, published iin the M.P.Gazette (Extra-ordinery) no. 473 dated 6th August 2008.
Offence by Companies 14
10. Penalty for serving in an unlicensed an unregistered nursing home or clinical establishment.– Any person who knowingly serves in nursing home or clinical establishment which is not duly registered and licensed under this Act or which is used for unsocial or immoral purposes, shall be punishable with fine which may extend to 1five thousand rupees.
CHAPTER - IV Miscellaneous
11. Offences under the Act to be 2non- cognizable .& All Offences under this Act shall be 3non-cognizable.
12. Not with standing anything contained in the Code of Criminal Procedure, 1899 (V of 1899) no court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.