(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) 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 that the commission of offence is attributable to any neglect on the part of any managing agent, secretaries and treasurers, directors, managers or other officer of the company, such managing agents, secretaries and treasurers, director, manager or other officer of the company 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 any 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.
Protection of action
20. No proceeding or order purporting to be taken or made under this Act shall be called in question in any court and no civil or criminal proceeding shall be instituted against any person for anything done or intended to be done in good faith under this Act.
80 [The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975] [Section 21-23] Power to make rules