Lawgist23Offences 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, 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 any punishment provided in this Act, 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 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 the 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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- 15 Penalty for neglect or refusal to supply particulars
- 16 Penalty for making false statement
- 17 Penalty for mutilation or defacement of information schedule
- 18 Penalty for obstruction of employees
- 19 Penalty for other offences
- 20 Penalty for failure to carry out duties and functions by employees
- 21 Penalty for impersonation of employee
- 22 General penalty
- 23 Offences by companies
- 24 Cognizance of offences
- 25 Sanction for prosecution for offence
- 26 Power of court to try cases summarily
