Bare ActsThe Assam Land Grabbing (Prohibition) Act, 2010

Section 6

Companies

Amendment status not verified — confirm the current text below against the official source.

Companies. (3) Whoever contravences the provisions of sub-section (1) or sub-section (2) shall be guilty of an offence punishable under this Act and on conviction, be punished with imprisonment for a term not less than two years, which may extend to five years and with fine which may extend to twenty five thousand rupees. Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing ,- (a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the puipose of sale or allotment, any land grabbed; (b) instigates or incites any person to commit land grabbing; (c) uses any land grabbed or causes or permits knowingly to be used, for purpose connected with sale or allotment; or (d) causes or procures or attempts to procure any person to do any of the above mentioned acts shall, on conviction be punished with imprisonment for a term not less than two years which may extend to five years and with fine which may extend to twenty five thousand rupees. (1) If the person committing an offence under this Act, is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: e 1 4 Special Tribunal THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER JM O ll -----2547 Provided that nothing 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 exercised all due deligence to prevent the commission of such offence. (2 ) N otw it hst andin g a nyth in g conta in ed in sub-section (1) above, w h e re a n y o ffe n c e u n d e r th is A c t h a s b e e n c o m m itte d b y a com pany an d it is pro ved th at th e off ence has be en com m itte d w ith th e conse nt or conniv ance of , or th at th e c o m m issio n o f th e o ffe n c e is a ttrib u ta b le to a n y n e g le c t on th e p a rt o f a n y direc to r, m an ager, se cre ta ry o r o th e r of fice r, o f th e co m pany, su ch direc to r, m an ager, secre ta ry or offic er sh all al so be deem ed be guilty o f t hat off ence and sh all be liable to be p ro ce eded a gain st a nd punis hed ac co rd in gly . Expla nation :- For th e purp ose o f this se ct io n - (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.

Section 6 – The Assam Land Grabbing (Prohibition) Act, 2010 | DailyLaw.ai