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Home > Bare Acts > Intellectual Property Rights > Drugs and Magic Remedies (Objectionable Advertisements) Act,1954 > Offences by companies.



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Drugs and Magic Remedies (Objectionable Advertisements) Act,1954

Act No : 21

 

Section : Offences by companies.

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9. (1)Offences by companies. If the person contravening any of the provisions of this Act is 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 contravention and shall be liable to be proceeded against and punished accordingly: ---------------------------------------------------------------------- 1 Subs. by Act 42 of 1963, s. 5, for s. 8. ---------------------------------------------------------------------- 105 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 was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director manager, secretary or other officer of the company 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. 1*[9A.Offences to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898) an offence punishable under this Act shall be cognizable.]



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