CourtMesh

Section 12: Offences by companies

The Rajasthan Requisitioning of Goods Vehicles Act, 1969State Act of Rajasthan · Act 18 of 1969

If the person contravening an order made under section 3 or section 7 or provision of 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:

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Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act 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, managing agent, secretary, treasurer or other officer of the company, such director, manager, managing agent, secretary, treasurer 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 any 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.

13. Protection of action taken in good faith- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

(2) No suit, prosecution or other legal proceedings shall be against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

1 [13A. Exemption - Notwithstanding anything contained in the Motor Vehicle Act, 1939 (Central Act 4 of 1939) or the rules made there under or in any law for the time being in force, it shall be lawful to use a goods vehicle requisitioned under section 3 for the purposes of transport of persons.]

14. Bar to jurisdiction- No civil court shall have jurisdiction in respect of any matter which the Government or arbitrator is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

15. Power to make Rules- (1) The Government may make Rules for carrying out the purposes of this Act.

1 Inserted by Rajasthan Act No. 7 of 1981.

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(2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive session and, if, before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

Where this provision sits

ActThe Rajasthan Requisitioning of Goods Vehicles Act, 1969
Section12
Marginal noteOffences by companies
JurisdictionState of Rajasthan
StatusIn force as published by the source

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