Lawgist26Offences by companies
(1) Where any offence, punishable 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 punishable 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 Short title, extent and commencement
- 2 Definitions
- 3 Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics
- 3A Prohibition of sex selection
- 3B Prohibition on sale of ultrasound machine, etc., to persons, laboratories, etc., not registered under the Act
- 4 Regulation of pre-natal diagnostic techniques
- 5 Written consent of pregnant woman and prohibition of communicating the sex of foetus
- 6 Determination of sex prohibited
- 7 Constitution of Central Supervisory Board
- 8 Term of office of members
- 9 Meetings of the Board
- 10 Vacancies, etc., not to invalidate proceedings of the Board
- 11 Temporary association of persons with the Board for particular purposes
- 12 Appointment of officers and other employees of the Board
- 13 Authentication of orders and other instruments of the Board
- 14 Disqualifications for appointment as member
- 15 Eligibility of member for reappointment
- 16 Functions of the Board
- 16A Constitution of State Supervisory Board and Union territory Supervisory Board
- 17 Appropriate Authority and Advisory Committee
- 17A Powers of Appropriate Authorities
- 18 Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics
- 19 Certificate of registration
- 20 Cancellation or suspension of registration
- 21 Appeal
- 22 Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention
- 23 Offences and penalties
- 24 Presumption in the case of conduct of pre-natal diagnostic techniques
- 25 Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided
- 26 Offences by companies
- 27 Offence to be cognizable, non-bailable and non-compoundable
- 28 Cognizance of offences
- 29 Maintenance of records
- 30 Power to search and seize records, etc
- 31 Protection of action taken in good faith
- 31A Removal of difficulties
- 32 Power to make rules
- 33 Power to make regulations
- 34 Rules and regulations to be laid before Parliament
