Lawgist22Offences 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, 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 any 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 of 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 Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods
- 4 Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles
- 5 Donations of infant milk substitutes or feeding bottles or equipment of materials relating thereto
- 6 Information on containers and labels of infant milk substitutes of infant foods
- 7 Educational and other materials relating to feeding of infants to contain certain particulars
- 8 Health care system
- 9 Inducement to health worker for promoting use of infant milk substitutes, etc
- 10 Special provision relating to employees of person who produces, supplies, distributes or sells infant milk substitutes, etc
- 11 Standards of infant milk substitutes, feeding bottles or infant foods
- 12 Powers of entry and search
- 13 Power to seize infant milk substitutes, etc., or containers thereof
- 14 Confiscation
- 15 Power to give option to pay cost in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or infant food or container thereof
- 19 Appeal
- 20 Penalty
- 21 Cognizance of offences
- 22 Offences by companies
- 23 Offences to be cognizable and bailable
- 24 Protection of action taken in good faith
- 25 Application of Act 37 of 1954 not barred
- 26 Power to make rules
