(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the cornpany 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 the proceeded against and be punishable accordingly: ,
Provided that nothing contained in this sub-section shall render any such person liable to any puishment provided in this Act, if he proves that the offence\IY~s" committed without his lmowledge or that he exercised aI/ due diligence to prevent tne:" , 'IIcommission of such offence. i' 'i', 1\ [:'
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act 1185 been committed by a company and it is proved that the offence has been cornmltted with the consent of or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or any other officer of the company, such director, manager or other officer 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 assocation of individuals; and 47 Penalty for obstructing contractor or removing mark.
Sanction of
(b) "director" in relation to a firm, means a partner in the firm.
108. If any person-
(a) obstructs. or molests any person engaged or employed by the Board orthe Authority or any person with whom the Board orthe Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or rsqulrsd to do under this Act, or
(b) removes any mark set up for the purpose of indicating a.ny level or direction necessary for the execution of works authorised under this Act, he shall be punishable with fines which may extend to five hundred rupees or with imprisonment for a term which may extend to two months or with both.
prosecution. 109. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or the Authority concerned or any officer authorised by the Board or the Authority. as the case may be, in this behalf.
Compounding of offences.
Cognizance of offence.
Right to appear by recognised agent. .
Jurisdiction of courts.
. Fine when realised tobe paid to the concerne d Authority.
Members and officers to be public servants.