Lawgist126BOffences by companies
(1) Where an offence under sub-section (2) of section 126A 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 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 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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- 125 Promoting enmity between classes in connection with election
- 125A Penalty for filing false affidavit, et
- 126 Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
- 126A Restriction on publication and dissemination of result of exit polls, etc
- 126B Offences by companies
- 127 Disturbances at election meetings
- 127A Restrictions on the printing of pamphlets, posters, etc
- 128 Maintenance of Secrecy of voting
- 129 Officers, etc., at elections not to act for candidates or to influence voting
- 130 Prohibition of canvassing in or near polling stations
- 131 Penalty for disorderly conduct in or near polling stations
- 132 Penalty for misconduct at the polling station
- 132A Penalty for failure to observe procedure for voting
- 133 Penalty for illegal hiring or procuring of conveyance at elections
- 134 Breaches of official duty in connection with elections
- 134A Penalty for Government servants for acting as election agent, polling agent or counting agen
- 134B Prohibition of going armed to or near a polling station
- 135 Removal of ballot papers from polling station to be an offence
- 135A Offence of booth capturing
- 135B Grant of paid holiday to employees on the day of pol
- 135C Liquor not to be sold, given or distributed on polling da
- 136 Other offences and penalties therefor
- 137 Omitted.
- 138 Repealed.
