(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 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.
Offences by companies.
329 The West Bengal Maritime Board Act, 2000.
[West Ben. Act (Chapter XII—Miscellaneous.—Sections 80, 81.)
CHAPTER XII Miscellaneous Recovery of damage caused to dock, wharf, quay, etc.
State Minor Ports Cosultative Committee.
80. If, through the negligence of any person having the guidance or command of any vessel or of any of mariners or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board, the amount of such damage shall, on the application of the Board, be recoverable together with the cost of such recovery by distress and sale under a Magistrate's warrant of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel:
Provided that no Magistrate shall issue such warrant until the master of the vessel has been duly summoned to appear before him and, if he so appears, until he has been heard:
Provided further that no such warrant shall be issued if the vessel was at the time under the orders of a duly authorised employee of the Board and the damage caused was attributable to the order, act, or improper omission of such employee.