Lawgist34Offences 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 incharge of, and was responsible to, the company for 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 provided in 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 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, and 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 Industrial premises to be licensed
- 4 Licences
- 5 Appeals
- 6 Inspectors
- 7 Powers of Inspectors
- 7A Inspector not to disclose the source of any complaint, etc
- 8 Cleanliness
- 9 Ventilation
- 10 Overcrowding
- 11 Drinking water
- 12 Latrines and urinals
- 13 Washing facilities
- 14 Creches
- 15 First aid
- 16 Canteens
- 17 Working hours
- 18 Wages for overtime work
- 19 Interval for rest
- 20 Spread over
- 21 Weekly holidays
- 22 Notice of periods of work
- 23 Hours of work to correspond with notice under section 22
- 24 Prohibition of employment of children
- 25 Prohibition of employment of women or young persons during certain hours
- 26 Annual leave with wages
- 27 Wages during leave period
- 28 Application of the Payment of Wages Act, 1936 to industrial premises
- 29 Special provisions
- 30 Onus as to age
- 31 Notice of dismissal
- 32 Penalty for obstructing Inspector
- 33 General penalty for offence
- 34 Offences by companies
- 35 Indemnity
- 36 Cognizance of offences
- 37 Application of the Industrial Employment (Standing Orders) Act, 1946 and the Maternity Benefit Act, 1961
- 38 Certain provisions not to apply to industrial premises
- 39 Application of the Industrial Disputes Act, 1947
- 40 Effect of laws and agreements inconsistent with this Act
- 41 Power to exempt
- 42 Powers of Central Government to give directions
- 43 Act not to apply to self-employed persons in private dwelling houses
- 44 Power to make rules
