Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act : OFFENCES BY

Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act,1980

Act No : 67

Section : OFFENCES BY COMPANIES

SECTION 26: OFFENCES BY COMPANIES

(1) Where an offence punishable 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 he 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 in prevent the commission 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.