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Section 43: Offence by companies

The Uttar Rpadesh Area Development Act, 1976State Act of Uttar Pradesh · Act 51 of 1976

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge 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:

Provided that nothing contained 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 diligence to prevent the commission of such offence.

(2) Not with standing anything contained in sub-section (1) where any 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 officer shall also the 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) 'Director' in relation to a firm, means a partner in the firm; and

(b) 'company' means any body corporate and includes a firm or other association of Individuals.

Where this provision sits

ActThe Uttar Rpadesh Area Development Act, 1976
Section43
Marginal noteOffence by companies
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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