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Section 49: Offence by companies

The Goa Information Technology Development Act, 2007State Act of Goa · Act 10 of 2007

(1) Whenever an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, or 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 under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), 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 is attributable to any neglect on the part of, any director, manager, secretary or other officer, they shall also 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 partner in the firm.

6 [50. Penalty for obstruction.— (1) Any person who obstructs the entry of a person authorised under section 35 or any person with whom the Corporation has entered into a contract for the performance and execution of any act by such person, to enter into -18- or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction by a competent Court, be punished with fine which may extend upto fifty thousand rupees.

(2) If any person removes any mark setup for the purpose of indicating any level, boundary line or direction necessary to the execution of works authorized under this Act, he shall, on conviction, be punished with fine which may extend upto fifty thousand rupees.]

Where this provision sits

ActThe Goa Information Technology Development Act, 2007
Section49
Marginal noteOffence by companies
JurisdictionState of Goa
StatusIn force as published by the source

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