Lawgist41Offences by companies
(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 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 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, 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.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Incorporation of Institute
- 4 Transfer of assets, liabilities, etc., of Actuarial Society
- 5 Objects of Institute
- 6 Entry of names in register
- 7 Associates and fellows
- 8 Honorary, affiliate and student members
- 9 Certificate of practice
- 10 Members to be known as Actuaries
- 11 Disqualifications
- 12 Composition of Council of Institute
- 13 Annual general meetings
- 14 Re-election to Council
- 15 Settlement of dispute regarding election
- 16 Establishment of Tribunal
- 17 President, Vice-President and Honorary Secretary
- 18 Resignation from membership and filling up to casual vacancies
- 19 Functions of Council
- 20 Staff, remuneration and allowances
- 21 Committees of Council
- 22 Finances of Council
- 23 Register
- 24 Removal of name from register
- 25 Re-entry in register
- 26 Disciplinary Committee
- 27 Appointment of Prosecution Director
- 28 Authority, Council, Disciplinary Committee and Prosecution Director to have powers of civil court
- 29 Action by Council on disciplinary Committee’s report
- 30 Member to be afforded opportunity of being heard
- 31 Professional or other misconduct defined
- 32 Constitution of Appellate Authority
- 33 Term of Office of Members of Authority
- 34 Allowances, conditions of service of Members and procedure, etc., of Authority
- 35 Officers and other staff of Authority
- 36 Appeal to Authority
- 37 Penalty for falsely claiming to be a member, etc
- 38 Penalty for using name of Institution, awarding degrees of actuarial science, etc
- 39 Companies not to engage in actuarial practice
- 40 Unqualified person not to sign documents
- 41 Offences by companies
- 42 Sanction to prosecute
- 43 Establishment of Quality Review Board
- 44 Functions of Board
- 45 Procedure of Board
- 46 Terms and conditions of Chairperson and Members of Board
- 47 Expenditure of Board
- 48 Dissolution of Actuarial Society of India
- 49 Provisions respecting employees of dissolved society
- 50 Maintenance of more than one offices by Actuary
- 51 Reciprocity
- 52 Power of Central Government to issue directions
- 53 Protection of action taken in good faith
- 54 Members, etc., to be public servants
- 55 Power of Central Government to make rules
- 56 Power to make regulations
- 57 Power of Central Government to issue directions for making or amending regulations
- 58 Laying of rules and regulations
- 59 Power to remove difficulties
