CourtMesh

Section 11

The Uttar Pradesh Advertisements Tax Act, 1981State Act of Uttarakhand · Act 16 of 1981

(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 container 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 section 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 managing agent, secretary, treasurer, director, manager or other officer of the company, such managing agent, secretary, treasurer, director, manager 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 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.

Sanction of prosecution

12. No prosecution for any, offence punishable under this Act shall be instituted except With the previous sanction of the District Magistrate.

Compounding of offences

Where this provision sits

ActThe Uttar Pradesh Advertisements Tax Act, 1981
Section11
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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