(1) If the person committing an offence under this Act is a company, the company as well as every person incharge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
9. Substituted by Act No. 31 of 1995.
10. Section 17 omitted by Act No. 31 of 1995.
11. Substituted by Act No. 31 of 1995.
Central Act 2 of 1974.
Power to arrest without warrant in certain cases Power of investigation.
Central Act 2 of 1974.
Jurisdiction to try offences.
Offences by Companies.
[Act No. 16 of 1968] 9
Provided that nothing 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 exercised all due deligence to prevent the commission of such offence.
(2) Notwithstanding anything 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 that the commission of the offence 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 purposes 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.
20. 12[XXX]
21. All officers acting under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian, Penal Code.
22. No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
12. Section 20 omitted by Act No. 31 of 1995.
Officers to be public servants.
Protection of persons acting in good faith.
10 [Act No. 16 of 1968] 23 & 24. 13[XXX]