(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 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:
Provided that nothing 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
58. Section 43-A with marginal heading inserted by Act No.6 of 2008.
Power to seal unauthorised construction/ development or premises.
Offences by companies.
56 [Act No. 1 of 1975] knowledge or that he exercised all due diligence 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 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 purpose of this section—
(a) "company" means a 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.
45. All fines realised in connection with prosecutions under this Act shall be paid to the Authority or, as the case may be, the local authority concerned.