Amendment status not verified — confirm the current text below against the official source.
(1) If the person committing an offence under this Regulation is a company, the company as well as every person who at the time the offence is committed was in charge of, and responsible to, the company for the conduc~o!)ts business at the time of the commission of the offence, shall be deemed to be guilty of an offence, and shall be liable to be proceeded against and punished accordingly: . ,. 15 Penalty for attempt to commit an offence under this Regulation. Penalty for making vexatious search. seizure, detention or arrest. Penalty for refusing to perform or withdraw from duty. Penalty for offence! not otherwise provided for. Presumption as to commission of offence in certain cases. Enhanced punishment after previous conviction. Power of court to implead manufacturer. etc. Commission of offence by companies. Procedure fc r launching prosecution n the case of major offences. 'roccdurc for idjudication :n case of . offences. -' .. ,.~'" . .: .. ' ~ .. 16 THE GAZETTE OF INDIA EXTRAORDINARY [PARTfi- 0.- _ I" ' Provided that where a company has ~ifJ~~.ent establishments or branch, the concerned Chief Executive and the person in-charge of such establishment, branch or unit nominated by the company as responsible for the conduct of business shall be liable for contravention in respect of such establishment, branch or unit: ). Provided further that nothing in this su~~ecdon ~atI ren~er any such person liable to any punishment if he proves that the offence was corrutitted W-»ttout his knowledge or that he exercised all due diligence to prevent the commission of su'th otfeoc;e. . , .... "-;,- , " (2) Notwithstanding anything contained in sub-section (/), where an offence under this Regulation has been corrunitted by a company and it is proved that the offence has been corrunitted with the consent or connivance ot~I'or that the commission of the' offence is attributable to any neglect on the part of any diTect~r, manager, secretary, or other officer of the. company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. i' . Exp/analion.-For the purposes of this section,- (a) "company" means any body corporate and includes a finn or other association of individuals; and .. (b) "director", inrelation to a firm, means a partner in the fum. . " .-~~ .;_ '", ,