Bare ActsThe Kerala Coir Workers Welfare Fund Act,1987 (Act 34 of 1987)

Section 16

Directors y” Board etc, to be

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

Directors y” Board etc, to be. publzc servants —-l£vcry Director of the Board, the Chief Executive Officer and other officers and members 01 the staff ofthe Board appointed under sub-sectrtin (1) ofsectron 9 shall be deemed to be a public servant within .the meaning of section 21 of the Indian 'Penal Code (Central Act 45 of 1860). ' . l7 Penalty -—(1) Whoever, for the purpose of avordrng any payment to be made by himself under this Act or under the scheme or ofenabling‘any other person to avord such payment knowrngly makes or causes to be made any false statement or false representation, shall be punishable with imprison- ment for a term which may extend to three months, or wrth fine \Vthh may extend to five hundred rupees, or with both , (2) Whoever contravenes or makes default in complying With any of the provisions of this'Act or of the scheme shall, if no other penalty is else- where provided by or under this Act for\Such contravention or non-compliance, be punishable with imprisonment for a term which may extend to two months or with fine which may extend to four hundred rupees, or with both. , .(3) No court‘inferior to that of a Judicial Magistrate of the Fu‘st Class shall try any offence punishable under this Act. ~10 (4) No court shall take cognizance of any ofi'ence punishable under this Act except on a ieport in writing of the facts constituting such ofl'ence made With prev1ous sanction of the Chief Executive Oflicer. l8. Offincrr by Companion—(l) Where an offence under 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 ofl‘ence 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 had exercised all due diligence to prevent the commission of such ofi'encc. (2) Notw1thstand'mg anything contained in sub-section (1), where any offence under this Act has been committed by a company andit is proved that the ofl‘ence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any officer of the company, such officer of the company shall 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, co-opei alive soc1ety 01 other assoc1ation of indwiduals ; (1)) “office: of the company” means the Managing Director, Director, Managing Agent, Secretary, Tieasurer or Manager of the company and includes the ollice bearer. of a flim, co-Operative society or other association of individuals.

Section 16 – The Kerala Coir Workers Welfare Fund Act,1987 (Act 34 of 1987) | DailyLaw.ai