Amendment status not verified — confirm the current text below against the official source.
No prosecution shall be sanction for S . l l . h h . prosecution. ect10n . wit out t e previous Director. instituted under sanction of the Offences 14-. (1) Where a person committing any offence, ~~nc,or~t~~a- punishable under this Act ' or any rule or order made thereunder is a Company or '1.n Association or a body of persons, whether incorporated or not every Director, Manager, Secretary, Agent or other officer or person concerned with the Management thereof, shall, unless he proved that the offence was committed without his knowledge or that he exercised all due deligence to prevent its commis1ion, be deemed to be guilty of such offence. Offences by companies:- (2) Where an offence under this Act has been committed by a company registered under the Com- panies Act, 1956 every person who, at the time of offence was committed, was incharge of, and was responsible to the company for the conduct of the business of the company as well as the compariy, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing in this sub-section 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. THE ASSAM GAZETTE, EXTRAORDINARY, AUG. 25, 1990 689 (3) Notwithstanding anything in sub-section ~l), where an offence under this Act has been commit- ted by a company and it is proved that the offence has been committed with the consent or conni- vance of or is attributable to any neglect on the part of any Director, Manager, Secretary o.r other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be pro- ceeded against and punished accordingly. EXPLANATION For the purpose of this Section :- (a) ''Company" means anybody corporate and includes a firm or other association of individu- als and- (b) "Director" in relation to a firm means a partner in the firm. Suspension 15 (1) The Director if satisfied that any person or cancella- · t!on of holding a licence under this Act, has contravened 1 icence. the provisions of this Act or the rules made there- under or any other terms and conditions of the licence may, without prejudice to any punishment under Section 11, after giving the person concerned an opportunity of being heard, suspend or cancel the licence granted to such person. (2) Any person aggrieved by the order of sus- pension or cancellation of licences, may appeal to the Government within such time and such manner, as may be prescribed, and the decision of the Go- vernment on such appeal shall be final. Protection of l6 (1) N · · th d' Government . o smt, prosecution or o er procee mgs officers and.shall lie against ~ny officer or servant of the Go- servanta- vernment for any act done or purporting to be done under thts Act without the previous sanction of the Government. -690__'!!!.E ASSAM q__AZETTE, EXTRAORDINARY, AUG, 25, 1990 (2) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceedings, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act. Exemption.