Lawgist16Offences by companies
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly 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 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;
(b) "director," in relation to a firm, means a partner in the firm.
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- 1 Short title and commencement
- 2 Definitions
- 3 Liability to give relief in certain cases on principle of no fault
- 4 Duty of owner to take out insurance policies
- 5 Verification and publication of accident by Collector
- 6 Application for claim for relief
- 7 Award of relief
- 7A Establishment of Environmental Relief Fund
- 8 Provisions as to other right to claim compensation for death, etc
- 9 Power to call for information
- 10 Power of entry and inspection
- 11 Power of search and seizure
- 12 Power to give directions
- 13 Power to make application to Courts for restraining owner from handling hazardous substances
- 14 Penalty for contravention of sub-section (1) or sub-section (2) of section 4 or failure to comply with directions under section 12
- 15 Penalty for failure to comply with direction under section 9 or order under section 11 or obstructing any person in discharge of his functions under section 10 or 11
- 16 Offences by companies
- 17 Offences by Government Departments
- 18 Cognizance of offences
- 19 Power to delegate
- 20 Protection of action taken in good faith
- 21 Advisory Committee
- 22 Effect of other laws
- 23 Power to make rules
