(1) Where a person committing contravention of any of the provisions of this Act or of any rule made thereunder is a company, every person who, at the time the contravention 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 contravention and shall be liable to penalty:
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 17, 2017 17 The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.
(Chapter IV—Contravention and Penalty—Sections 32, 33.)
General provision relating to penalties.
Compensation in case of injury or death of the service recipients.
Provided that nothing contained in this sub-section shall render any such person liable to any penalty if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place 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 to be guilty of that contravention and shall be liable to penalty.
Explanation.—For the purposes of this section,—
(a) "company" includes a firm or society; and
(b) "director" in relation to a firm means a partner in the firm.