Bare ActsThe Gujarat Agricultural Produce Markets Act, 1963

Section 40

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

(1) Where an offence under this Act has been committed by a com- pany, every person who at the time the offence was committee, was in charge of, and was responsible to, the company for the conduct of the business of the com- pany, 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 provided in this Act 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. Penalty for making or recovering unauthorised trade allowance. Payment of amount of fines to market committee. Penalty for failure to furnish information etc. Offences by companies. 1964 : Guj. XX] Gujarat Agricultural Produce Markets Act, 1963 25 (2) Notwithstanding anything contained in sub-section (1), where an of- fence 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 also be deemed to be guilty of the offence and be liable to be proceeded against and punished accord- ingly. Explanation.—For the purpose of this section,— (a) “company” means a body corporate, and includes a firm or other asso- ciation of individuals; and {b) “director” in relation to a firm means a partner in the firm.

Section 40 – The Gujarat Agricultural Produce Markets Act, 1963 | DailyLaw.ai