33Offences 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 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.
Download our fully-offline, High speed android app.- Click here
- 27 Assumption of liability
- 28 Management to continue to vest in the Custodian until alternative arrangements are made
- 29 Act to override all other enactments
- 30 Contracts to cease to have effect unless ratified by National Textile Corporation
- 31 Transfer of assets, etc., to be void in certain cases
- 32 Penalties
- 33 Offences by companies
- 34 Protection of action taken in good faith
- 35 Textile companies not to be wound up by the court
- 36 Delegation of powers
- 37 Power to make rules
- 38 Power to remove difficulties
- 39 Declaration as to the policy of the State
- 40 Repeal and savings
- 41 Validation