Lawgist39AOffences by companies
1[39A. Offences by companies.--(1) If the person committing any offence under this Act is a company, every person who, at the time the offence 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 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 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 or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.]
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1. Ins. by Act 50 of 1954, s. 19 (w.e.f. 1-8-1955).
- 1 Short title, extent and duration
- 2 Declaration as to expediency of Union control
- 3 Definitions
- 4 Constitution of the Board
- 5 Incorporation of the Board
- 6 Vesting of property in the Board
- 6A Consultation with the Board
- 7 Committees, staff and agents
- 8 Salary and allowances of Chairman
- 8A Vice-Chairman
- 9 Chief Coffee Marketing Officer, Secretary and other Staff
- 10 Dissolution of the Board
- 11 [Repealed.]
- 12 [Repealed.]
- 13 [Repealed.]
- 14 Registration of owners of coffee estates
- 15 Power of State Government to make rules
- 16 Fixation of prices for sale of coffee
- 17 Sale of coffee in excess of free sale quota
- 18 Sale of coffee, how made
- 19 [Repealed.]
- 20 Export of coffee
- 21 Re-import of coffee exported from India
- 22 Free sale quota
- 23 Returns to be made by registered owners
- 24 Licences for sale of uncured coffee
- 25 Surplus coffee and surplus pool
- 26 Sales of coffee by the Board
- 27 Coffee to be cured in licensed curing establishments
- 28 Licensing of curing establishments
- 29 Information to be supplied to the Board in connection with curing
- 30 Separate funds to be maintained by the Board
- 31 General fund
- 32 Pool fund
- 32A Power of the Board to make donation to the Gandhi National Memorial Fund
- 33 Power to borrow
- 34 Payments to registered owners
- 35 Failure to register
- 36 Contraventions of sections 16, 17 and 18
- 37 Unlicensed curing establishment
- 37A Contravention of section 23(1)
- 38 False returns
- 38A Contravention of section 25
- 38B Powers to seize coffee withheld from inclusion in surplus pool
- 39 Obstruction
- 39A Offences by companies
- 40 Cognizance of offences
- 41 [Repealed.]
- 42 Control by the Central Government
- 43 Appeals to the Central Government
- 44 Inspection of records
- 45 Accounts of the Board
- 46 Inspection of records of the Board and obtaining of copies
- 47 Contracts
- 47A Bar of legal proceedings
- 48 Power of the Central Government to make rules
- 49 Repeal of Act 14 of 1935
- 50 [Repealed.]
