Amendment status not verified — confirm the current text below against the official source.
Offenses by companies. - (1) Where an offence against 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 be 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence against 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 shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose 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 ----------------------------------------------------------- 1 Sec. 50(l)(a) The words “meat, trophy or uncured” substituted by Act 44 of 199 1, sec.36 2 Sec.50(l)(c) “seize any captive animal, wild animal, animal article, meat trophy or uncured trophy in the possession of any person and appearing to him to be Government property, together with any trap, tool, vehicle, vessel, or weapon used for committing any such offence and, unless; he is satisfied that such person will appear and answer any charge which may be preferred against him arrest him without warrant, and detain him. “substituted by Act 44 of 1991 sec.36. 3 Sec.50(2) “Any officer of a rank not inferior to that of an Assistant Director of Wildlife Preservation or Wildlife Warden, who, or whose subordicate, has seized any trap, tool, vehicle, vessel, or weapon under CL(c) of sub-section (1), may release the same, on the execution by the owner thereof a bond for the production of the property so released, if and when required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.” omotted by Act 44 of 1991 sec.36. 4 Sec.50.(3A) Inserted by Act 44 of 1991, sec.36. 5 Sec.50(6)(a) The words “meat or uncured trophy” substituted by Act 44 of 199 1, sec.36. 6 Sec.50(6)(b) The words” meat or uncured trophy” substituted by Act 44 of 1991, sec.36. 7 Sec.50(8) Inserted by Act 44 of 1991, sec.36. 8 Sec.50(9) Inserted by Act 44 of 1991, sec. 36. 9 Subs. by Act 28 of 1986, sec.4. for the certain words (w.e.f 20th November, 1986). 10 Sec.51(l) The words “contravenes any provision of this Act” substituted by Act 28 of 1986, sec.4. and the words “except Chapter VA” substituted by Act 44 of 1991, sec.37. The words “two years” and “two thousand rupees” substituted by Act 44 of 199 1, sec. 37. 11 Sec.51(1) The words “or altering the boundaries of”, six months”, and “five thousand rupees” occurring in the first provision substituted by Act 44 of 199 1, sec. 37. The second provision substituted by Act 44 of 1991, sec.37. 12 Sec.5I(1A) Ins by Act 28 of 1986, sec.4. (w.e.f. 20th November, 1986). 13 Sec.51 (1B) Inserted by Act 44 of 1991, sec. 37. 14 Sec.51(2) The words “uncured trophy or meat” substituted by Act 44 of 199 1, sec.37 15 Sec.51(5) Inserted by Act 44 of 1991, sec.37. 16 Sec. 54(l) The words “The State Government” substituted by Act 44 of 1991, sec.38. 17 Sec. 55 “No Court shall take cognizance of any offence against this Act except on the complaint of the Chief Wildlife Warden or such officer as the State Government may authorise in this behalf.” substituted by Act 44 of 199 1, sec. 39. 18 Sec. 55(c) came into force w.e.f. 20.4.1995 vide S.O. No. 344(E) Dt. 7.4.95 published in the Gazette of India, Extraordinary, Part II, Sec.3(ii) Dt. 18.4.95. 19 Sec.57. The words “meat or trophy and uncured trophy” substituted by Act 44 of 1991, sec.40. CHAPTER VII Miscellaneous