Essential Commodities Act,1955
Act No : 10
Section :
Offences by Companies.
10. Offences by Companies. (1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention --------------------------------------------------------------------- 1 Ins. by Act 25 of 1966, s. 4. 2 Subs. by Act 36 of 1967, s. 7 for "three years". 3 Ins. by s. 7, ibid. 4 Subs. by s. 8, ibid., for "three years". 5 Ins. by Act 34 of 1984, s. 2 (w.e.f. 1-7-1984). 6 Added by Act 18 of 1981, s. 8 for fifteen years (w.e.f. 1-9- 1982). 7 Subs. and ins. by Act 42 of 1986, s. 3. 48A 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: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (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; and (b) "director" in relation to a firm means a partner in the firm.
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