(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 an 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 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.
20. If any officer of the State Government or of a local body permits or neglects doing, or wilfully fails to do, any act whereby an offence under this Act is committed, he shall, notwithstanding anything contained in the service law applicable to him for the time being in force, be deemed to have committed under such service law misconduct in discharge of his official duties and be subjected to the disciplinary proceedings and penalties accordingly.
21. No suit, prosecution or other legal proceeding shall lie against the Authority or any Member, officer or employee thereof or the State Government or any officer or employee thereof for anything, or any damage caused or likely to be caused by anything, which is in good faith done or intended to be done under this Act or the rules made thereunder.
22. The provisions of this Act shall have effect notwithstanding anything contained in any law for the time being in force or in any contract, express or implied, or in any instrument having effect by virtue of any law or in any custom or usage.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2006 Power to make rules.
Power to remove difficulties.
The East Kolkata Wetlands (Conservation and Management) Act, 2006.
(Sections 23-25.)