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Section 11: OJ!tnUst. by companies

The Kerala Lime-Shells (Control) Act, 1957 (No.18 of 1958)State Act of Kerala · Act 18 of 1958

( l) If the person contra.vemng the provisions of tins Act 1s a. company, every peraon, who, at the time the cont.1'AventJOn \\'a !S committed was m charge of and \\o&S responsible to Lhc eompnny for the conduct of the busmess of the company as "c11 as the company, shall be deemed to be guilty of the contr.l.ventJOn and shall be liable to be proceeded agamst and punished accordmgly:

ProvJded that nothing contained JD th1s sub-section shall render any such person hable to any pumshment if he proves that the con­ tr~\ventton took place \\ 1thout Ins knowledge or that he exercised atr due diligence to prevent such contravent10n.

(2) Notwithstandidg anything contamed in sub-sect:ton (l L where an offence under th1s Act has been comm1tted by a company and it 1s proved that the offence has been committed with tha consent or <'onn1vance of. or ts attnbutable to any neglect on the pal't 'Of any dtrector, manager, secretary or other officer of the company, such d trector, manager, secretary or other officer shall also be deemed to be gu1lty of tl1nt offence and shall be hable t.o be proceeded agamst and pumshcd accordmgly.

ExplaMtron.-For the purposes of th1s eection-

(a) "company" means any body corporate, and mcludes a firm OJ' other a:ssot'iation of indlvldtlals, nnd

(b) "director" , m relatton to a firm, means 1\. partner m the firm 12 Offences under the Act to bt cognisa-ble.- Not"'1th standmg anything contamed in the Code of Crimmal Procedure, 1898 (Central Act V of 1898) a.IJ offences under tlus Act sha.ll be cogmsable ..

Where this provision sits

ActThe Kerala Lime-Shells (Control) Act, 1957 (No.18 of 1958)
Section11
Marginal noteOJ!tnUst. by companies
JurisdictionState of Kerala
StatusIn force as published by the source

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