(1) Where an offence 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:
Forfeiture.
Compounding of offences.
Offences by companies.
8 [Act No.28 of 1997]
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, 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 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 gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company 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.
15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 the offences punishable under sections 3 and 4 shall be deemed to be cognizable offences within the meaning of that Code.
16. No court shall take cognizance of any offence punishable under this Act except on a complaint filed, in the twin cities of Hyderabad and Secunderabad, Visakhapatnam and Vijayawada by the Commissioner of Police or by any Police Officer not below the rank of an Inspector of Police authorised by him in this behalf and elsewhere by the District Collector or any Officer not below Certain offences to be cognizable.
Central Act 2 of 1974.
Cognizance of offences.
[Act No.28 of 1997] 9 the rank of a Mandal Revenue Officer authorised by him in this behalf.
17. No suit, prosecution or other legal proceeding shall lie against the Government the authority any local authority or any public servant or person, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule made thereunder.
18. Where a person is prosecuted for committing an offence under section 4, the burden of proving that he has the written consent referred to in that section shall be on him.
19. The Government may, from time to time, issue such directions not inconsistent with the provisions of this Act or the rules made thereunder as they may think fit, setting out the principles which shall guide the authority in discharging its duties under this Act.
20. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or contract or decree or order of a Court or other authority.