Bare ActsThe Gujarat Money Lenders Act 2011

Section 46

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

(1) If the person committing an offence under this Act is a Hindu Undivided Family, the person resporsible for the management of business of such family shall be deemed to be guilty of zuch contravention. (2) Where an offence under this Act or rules made thereunder 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 tle offence, a.nd shall be liable to be proceeded against and punished accordingly: ' hovided 1[31 asthing 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 conmitted without his knowledge, or that he exercised all due diligence to prevent the commission of the offence. (3) Notwithstanding anydring contained in sub-section (2), where an offence under this .A's1 has been committed by a company and it is proved that the offence has been committed wjth the consent or connivance of, or is attributable to any neglect on the part of, any director, gt:nager or other officer, such director, manager or officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. [201] : Guj.'14 - .H i:_..H 24 Offences by corporations. I 2011 : Guj. 14 I The Gujoat Money-Lenders Act, 20ll Explanatian.- For the purpose ofthis section- (a) "company" means a body coryorate and ircludes any flrm or other association of individuals, and (b) "director,', in relation to a firm, means a partner in the firm. 4T.Notwithstanding anythigg contained in the Code of Criminal 2 ol1ea. Procedure, 1973, offences punishable- (a) under section 40, (b) under section 42 for contaveDiag the provision of section 5- shall be cognizable. (b) in other cases, twice the amount ofsuch fine prescribed under the respective sections: Provided that an offence with respect to which a proceeding is pending before the Court shall not be compoundable: Provided firther that the offences punishabls un6.r sections 42 and 43 of this Act shall not be compoundable. 48.No corxt shall tdce cognizance of an1 offence other {nan offencss cogruso.e or certaitr reteNe to 'lf,\ secdon 41 excelt sn{n {ne preilous sonctron of tne Regrsrar. oiiences nit\ sanctron . . 49. (1) The Registar Generar or any other officer authorized bv hi* t" :::lt:: this behalt, mav accep! ftom the person who has committ;;;*"b; ;#H:"#".t""j suspected of having committed any offence under this Act, by way oi comnounding of such offence_ ^ ("1u lT of money equal to the maximum amount prescribed as fine under this Ac! if the offence is committed for the fust time; and 25 Certaitr offences to be cognizable ";.i;''. , ii:' . ^

Section 46 – The Gujarat Money Lenders Act 2011 | DailyLaw.ai