Lawgist28Offences by companies
(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, or 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 under this Act if he proves that the offence was committed without his knowledge or that he 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 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 purpose 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 Regulation of export trade in antiquities and art treasures
- 4 Application of Act 52 of 1962
- 5 Antiquities to be sold only under a licence
- 6 Appointment of licensing officers
- 7 Application for licence
- 8 Grant of licence
- 9 Renewal of licence
- 10 Maintenance of records, photographs and registers by licensees
- 11 Revocation, suspension and amendment of licences
- 12 Persons whose licences have been revoked may sell antiquities to other licensees
- 13 Power of Central Government to carry on the business of selling antiquities to the exclusion of others
- 14 Registration of antiquities
- 15 Appointment of registering officers
- 16 Application for registration and grant of certificate of registration
- 17 Transfer of ownership, etc., of antiquities to be intimated to the registering officer
- 18 Provisions of sections 14, 16 and 17 not to apply in certain cases
- 19 Power of Central Government to compulsorily acquire antiquities and art treasures
- 20 Payment of compensation for antiquities and art treasures compulsorily acquired under section 19
- 21 Appeals against decisions of licensing officers and registering officers
- 22 Appeals against awards of arbitrators
- 23 Powers of entry, search, seizure, etc
- 24 Power to determine whether or not an article, etc., is antiquity or art treasure
- 25 Penalty
- 26 Cognizance of offences
- 27 Magistrate’s power to impose enhanced penalties
- 28 Offences by companies
- 29 Protection of action taken in good faith
- 30 Application of other laws not barred
- 31 Power to make rules
- 32 Repeal
- 33 Amendment of Act 24 of 1958
