(1) Where an offence under this Act has been committed by a Horticulture Nursery/Company, every person who at the time of offence was committed, was incharge of and was responsible to the Horticulture Nursery/Firm/Company for the conduct of the business of the said Horticulture Nursery/Firm/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 section shall render any person liable to any punishment provided in this Act, if he proves beyond doubt that the offence was committed without his knowledge or that he 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 has been commttted by a Horticulture Nursery/Firm/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 Nurseryman, Director, Manager, Secretary or any other officer of the Horticulture Nursery/Firm/Company, such Penalties.
Offences by Horticulture Nurseries, companies or firm.
[Act No.13 of 2010] 15 Nurseryman, Director, Manager, Secretary or other officer shall 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 a body corporate and includes a firm or other association of individuals;
(b) 'Director' in relation to a firm means a partner in the firm.
18. No court shall take cognizance of and try any offence punishable under this Act except on the report in writing of the facts constituting such offence made by the competent authority or any officer authorized by the Government in this behalf.
19. No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act or rules made thereunder.
20. All officers appointed under this Act and every person authorized to exercise any powers conferred or to perform any duties imposed on him by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
21. No suit, prosecution of either legal proceeding shall lie against the Government or any officer or person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
22. The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by this section and section 23, to any person or authority subordinate to them and may, in like manner, Cognizance of Offences.
Jurisdiction of Court.
Officers and persons, exercising power under this Act to be public servants.
Protection of action taken in good faith.
Delegation of powers.
16 [Act No.13 of 2010] withdraw any power so delegated. The exercise of any power delegated under this section shall be subject to such restrictions, limitations and conditions and to such control and revision by the Government.