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Section 12: Offences by companies.

The Bombay Essential Commodities and Cattle (Control) Act, 1958.State Act of Maharashtra · Act 62 of 1958

(1) If the person contravening an order made or deemed to be made under section 4 is a company, every person who, at the time the contravention was committed, was in charge of, and 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 contravention 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 contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(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 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 a 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.

Where this provision sits

ActThe Bombay Essential Commodities and Cattle (Control) Act, 1958.
Section12
Marginal noteOffences by companies.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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