Lawgist9COffences by companies
1[9C. Offences by companies.--(1) Whenever 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 t6 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 and 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 32 of 1978, s. 13.
- 1 Short titl
- 2 Commencement
- 3 Repealed
- 4 Definitions
- 5 Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives
- 5A Persons already in business in respect of certain explosives to carry on such business without licence for a certain period
- 6 Power for Central Government to prohibit the manufacture, possession or importation of specially dangerous explosives
- 6A Prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other person
- 6B Grant of licence
- 6C Refusal of licences
- 6D Licensing authority competent to impose conditions in addition to prescribed condition
- 6E Variation, suspension and revocation of licences
- 6F Appeal
- 7 Power to make rules conferring powers of inspection, search, seizure, detention and removal
- 8 Notice of accidents
- 9 Inquiry into accidents
- 9A Inquiry into more serious accident
- 9B Punishment for certain offence
- 9C Offences by companies
- 10 Forfeiture of explosives
- 11 Distress of aircraft or vesse
- 12 Abetment and attempts
- 13 Power to arrest without warrant persons committing dangerous offences
- 14 Saving and power to exempt
- 15 Saving of Arms Act, 1959
- 16 Saving as to liability under other law
- 17 Extension of definition of “explosive” to other explosive substances
- 17A Power to delegat
- 18 Procedure for making, publication and confirmation of rules
