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Section 13: Offences by companies

The Himachal Pradesh Roadside Land Control Act, 1968State Act of Himachal Pradesh · Act 21 of 1969

(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 if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968 9

(2) Notwithstanding anything contained in sub-section (I), where au 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 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 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 anybody corporate and includes a firm or other association of individuals, and

(b) "director" in relation to a firm means a partner in the firm.

Where this provision sits

ActThe Himachal Pradesh Roadside Land Control Act, 1968
Section13
Marginal noteOffences by companies
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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