(1) Where an offence under this Act is committed by 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 exercise 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 committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any director, manager secretary or other officer 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 anybody, corporate and includes a firm or other association of individuals; and
(b) “Director” in relation to a firm means a partner or proprietor in the firm.
Revision 19. (1) Notwithstanding anything contained in any Uttarakhand law, the Government may, either suo moto or on an application made to it in this behalf, call for the record of any proceeding before any Competent Authority or the State Empowered Committee or a District Empowered Committee and examine the propriety of the proceedings or orders passed therein so as to ensure that the orders are not against public policy nor against the provisions of law and make therein such orders as it may think fit within one year of issuance of the orders being so revised in cases of rejection of the application for permissions and within three months in cases of grant of permissions.
(2) The orders passed by the Government under this section shall be final and shall be binding on all concerned.
Protection of action taken in good faith
20. No suit, prosecution or legal proceedings shall lie against the Chairperson or other members of State Empowered Committee or District Empowered Committee or any employee of the Government Act under the direction of such committee in respect of anything which, in good faith, is done or intended to be done under this Act or any rules made thereunder.
Confidentiality 21. No agency or authority of the Government or, any local authority, including any functionaries thereunder, shall disclose to any other investor or to a person not duly authorized, any information forming the intellectual property of the investor without the consent of such investor :
Provided that all information in respect of the terms and conditions of the investment is made in the State and the facilities, if any, provided to the investor by the Government or any of its agencies or authorities, or by any local authority, shall be notified by the Government for information of the public.
Transitional Provisions
22. The provisions of this Act shall apply to all investment proposals that have been under consideration of the Government or any of its agencies, authorities or undertakings on the date of commencement of this Act, if the concerned investor so opts by submitting an application to the Nodal Agency in the prescribed form and manner.
Act to override other laws
23. Save as otherwise provided in this Act, the provisions of this Act shall have overriding effect, notwithstanding anything inconsistent therewith contained in any other Uttarakhand law, for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law.
Power to remove difficulty