(1) Where an offence under this Act has been committed by 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 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 had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding 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 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 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 a body corporate and includes a firm of other association of individuals; and
(b) “Director” in relation to a firm, means a partner in the firm.
---------------------------------------- ] 14 [The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016] Punishment for false report
23. Any person who wilfully makes a false report of the outbreak of a fire to the any member of the Uttarakhand Fire & Emergency Service authorized to receive such report shall be liable upon conviction before a magistrate to a fine not exceeding Five Thousand.
Employment of Fire Emergency Service on other duties
24. It shall be lawful to depute by the permission of State Government that Uttarakhand Fire & Emergency Service upon any rescue, salvage or other work for which its training, appliances or equipment render.
Procedure
25. The proceeding under sections 5 and 22 of this Act shall, as far as possible, be governed by the provisions of the Code of Criminal Procedure, 1973, and the offences under these sections shall be bailable and non-cognizable.
Rule making powers
26. The State Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
Bar of jurisdiction of Court
27. No court shall entertain any suit, application or other proceeding in respect of any notice or order under this Act and no such notice or other shall be called in question otherwise than by preferring an appeal under this Act.
Cognizance of prosecution
28. No court shall proceed to the trail of an offence under this Act except on the complaint of, or upon information received from, the nominated authority.
Jurisdiction 29. No court inferior to that of a Chief Judicial Magistrate shall try an offence punishable under this Act.
Protection of action taken in good faith
30. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act of any rules made there under.
Power to Remove Difficulties