Lawgist44Contravention by companies
(1) Where a person committing contravention of any of the provisions of this Act or of any rule made thereunder is a company, every person who, at the time the contravention 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 contravention and shall be liable to fine:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place 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 contravention and shall be liable to fine.
Explanation.--For the purpose of this section,--
(a) "company" means a 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, application and commencement
- 2 Definitions
- 3 Establishment of National Council
- 4 Disqualifications for appointment as member
- 5 Functions of National Council
- 6 Power to seek advice or assistance
- 7 National Council to follow consultative process
- 8 State Council of clinical establishments
- 9 Providing information to National Council
- 10 Authority for registration
- 11 Registration for clinical establishments
- 12 Condition for registration
- 13 Classification of clinical establishments
- 14 Application for provisional certificate of registration
- 15 Provisional certificate
- 16 No inquiry prior to provisional registration
- 17 Validity of provisional registration
- 18 Display of certificate of registration
- 19 Duplicate certificate
- 20 Certificate to be non-transferable
- 21 Publication of expiry of registration
- 22 Renewal of registration
- 23 Time limit for provisional registration
- 24 Application for permanent registration
- 25 Verification of application
- 26 Display of information for filing objections
- 27 Communication of objections
- 28 Standards for permanent registration
- 29 Allowing or disallowing of registration
- 30 Certificate of permanent registration
- 31 Fresh application for permanent registration
- 32 Cancellation of registration
- 33 Inspection of registered clinical establishments
- 34 Power to enter
- 35 Levy of fee by State Government Appeal
- 36 Appeal
- 37 Register of clinical establishments
- 38 Maintenance of State Register of clinical establishments
- 39 Maintenance of National Register of clinical establishments
- 40 Penalty
- 41 Monetary penalty for non-registration
- 42 Disobedience of direction, obstruction and refusal of information
- 43 Penalty for minor deficiencies
- 44 Contravention by companies
- 45 Offences by Government Departments
- 46 Recovery of fine
- 47 Protection of action taken in good faith
- 48 Furnishing of returns, etc
- 49 Power to give directions
- 50 Employees of the authority, etc., to be public servants
- 51 Power to remove difficulties
- 52 Power of Central Government to make rules
- 53 Laying of rules
- 54 Power of State Government to make rules
- 55 Laying of rules
- 56 Savings
