(1) If the person committing an offence punishable under this Act is a company, every person in charge of and responsible to the companyfor the conduct of its nusiness at the time of the commission of the offence shall he deemed to be guilty of the offence and shall be liable to he proceeded against and punished accordingly
Provided that in the case of an offence punishable with fine the company shall also be liable to be proceeded against and punishe i otwithstauding anything contained in sub-section
(1), where an offence punishable 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 the offence is attributable to any neglect on. the part of, any director, manager, secretary or other officer of the company, not being. a person deemed under sub-section (1) to he guilty of the offence, such director, manager, secretary or other officer shall be deemed to be guilty of abetment of such offence and shall be liable to be proceeded against and punished in the same manner as the person deemed under sub-section (1) to be guilty of the offence.
Explanotion.—For the purposes of this section—
(a) "company" means any body corporate and includes a firm or other association of individuals, and <b) "director" includes a share-holder and also—
(1) in relation to a firm, a partner in 'the firm, and
(ii) in relation to an association of individuals, a member of the association.
The West Bengal Mining SettLaments (Health and Welfare) 1 Act, 1964.
XXV of INC] (Chapter 171.—Miscellaneeits.—Sections 29-44.)
CHAPTER VII.
scEmsnicons.
29. No act or proceedings of a Board, and no act of any of its officers, shall be called in question merely on the ground of the existence of any vacancy in, or defect iii the constitution of, the Board or any defect in the appointment of such officer.
tiayhtg.
30. The provisions of this Act shall have effect Aot to notwithstanding anything to the contrary contained in any override other law for the time being in force or any instrument other laws.
made thereunder. etc.
31. All Health Officers and all Sanitary Inspectors and such other officers and servants of a Board as the State Government may specify by order made in dal, behalf shall he deemed to be public servants within the Act 46 of meaning of gertion 21 of the Indian Penal code.
1880.
32. No suit or other legal proceedings shall lie against any person for anything done or intended to he done in good faith under this Act or The rules, by-laws or regulations made thereunder.
Health °Moore, Sanitary Inverters and other otncen and servants of the Board to be public aervante.
Protection to persona acting In rood faith.
33. No person shall he liable for any breach of Protection contract if such breach he due to an order from a Board fl__Pe.rions under this Act or the rules, by-laws or regulations made oorida.g thereunder.