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Section 27: Offences by coU!pames

The Super Clays and Minerals Mining Compnay (Private) Limited (Acquisition of Undertakings) Act, 1983 (Act 3 of 1984)State Act of Kerala · Act 3 of 1984

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was incharge of, and was respons1ble 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 shaH be liable to be p1 oceeded against and punished accordmgly: • • ProvideCi that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed w1thout his knowledge or that he had exerCised all due diligence to prevent the commission of such offence.

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(2) Notwithstanding anything contained in sub-section (1), where any offenc.e under this Act has been committed by a company and it is proved that the offence has been c01runitted with the consent or connivance of, or 1s attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such d1rector, manager, secretary or other officer shall be deemed to be guilty of that offence and shdl be liable to be proceeded against and punished accordingly.

A Explanation.-For the purposes of this section,- ' , (a) "company" mt"ans any body corporate and includes a firm or other association of individuals;

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

28. Protcctwn of actton taken in good faith-( I) No suit, prosecution, or other legal proceedmg shall he against the Govewment or any officer or other employe<: of the Government or the Custodian or the Government Company cr any officer or other person authorised by the Government, the Custodian or .the Government Company for anything which is in· good faith done or intended to be done under this Act.

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(2) . No suit or other legal proceeding shall lie against the Government or any officer or other employee of the Government or the Custodian or the Government Company or any officer or other person authorised by the Government, the Custodian or the Government Company for any damage 'caused or likely to be caused by anything which is in good faith done or intended 'to be done under this Act. . .. .

Where this provision sits

ActThe Super Clays and Minerals Mining Compnay (Private) Limited (Acquisition of Undertakings) Act, 1983 (Act 3 of 1984)
Section27
Marginal noteOffences by coU!pames
JurisdictionState of Kerala
StatusIn force as published by the source

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