(1) Where an offence under this Act or the rules made thereunder, has been committed by a company, every person, who, at the time when the offence 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 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 had 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 or the rules made thereunder, 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 the offence and shall be liable to be prosecuted and punished accordingly.
Offences.
Offences by companies.
Facilitation to private placement agencies.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 28, 2025/´Éè¶ÉÉJÉ 8, ¶ÉEäò 1947 7 Power to remove difficulties.
Provisions of this Act to be in addition to any other law.
Explanation.— For the purposes of this section,–
(1) "company" means a body corporate and includes a firm or other association of persons or body of individuals, whether incorporated or not; and
(2) “director” in relation to a firm, means a partner in the firm, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.
13. No suit, prosecution or other legal proceedings shall lie against the Government, any officer or the authority of the Government or any person for anything which is done or intended to be done in good faith under this Act or the rules or orders made thereunder.
14. The provisions of this Act shall be in addition to and not in derogation of the provisions contained in any other law, for the time being in force.