Bare ActsThe Kerala Handloom Workers Welfare Cess Act 2007

Section 16

Offence by co?npanies

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

Offence by co?npanies.—(i) Where an offence under this Act has been committed by a è-ornpany, every person who, at the time when the óffeEe was committed, was in chirge of and was responsible to the company for the conduct of the businss of the company, as well as the. company, shall be deemed to be -guilty nc of the offee and shall be liable to be jrocceded agthst and punished accordingly Provided thit cnothing contained m this sib-section shall render any such ,person liable to ant punishment if he proses that the offence was committed; without his knowledge or that he had exercised all due diligence to prevent the • commission of sch offence. . • .... , 18 (2) Notwithstanding anythihgcdutained in sub -sàttibfI}tfiei n 'offèe under thi's Act has been _wlih ike cosetoè &ne of, .jz-L-.' or s 'attributable to any neglect on: 1St part of any director, ma4geir,pecretary or other officer of the Company, suci' director, manzgeç secretary &ret officer shall also be deemed tQ be guiltygf that offence and shill be tiabld to be proceed agamst and punished accordmy : I Explanation —For the pth-posd of this section,— ' 'company' means any body corporate and includes a firthR* other; association of individuals; and l&OrI in relation t(N firm, means a partner in the firm 17..• Bar of jurisdictidnjof ('lvii- Couns.—No Civil Courts shill hate jurisdiction to settle. decidetor 'deal with any, question r to determine any- matter wEich is by or under this Act or the rules required to be settled, kcided or dealt with or to be determined by-the Government or any authority.- or-Officer appointed under this Act. Power to make nzles.4(1) . The Government may by notification in the Gazette, thake rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the forêoing power, uch: rules may provide for all or any of the following matters, namely:- (a) the manner in which asiJ the time within ' hich cess shall be kvied and collected under section 3; b partcuhrs of the registers kind rcords to be zeintaincd by a dealer undd section 5: - the manner and time ithin which a return zhowina the sale proceeds of th pre'vtous financial year shall be furnished by a dealer to the MsessiiigOfficer under section' 6; d) the manner in a appe4 may be, filed and the ckbc. paid und* section 12, ' (e) the power which rn* be cxercised-.by aii As&esszd,.. 'any.other'ofticer under clause (c)b9etion 1 344 ' r the form and thHIj&fwjthm wicbnhnofcdl1&t'Lxag is to be famished unda sectrnnJ4 • any oth&r inftáflhiclj has io'b&hY.brucriâ'tk.;4 • • - - • '. I • -, S 4 - 19 ( Every rule sidocndet this Act shall be laid, as soon as after;it iiinsde, before the I2gilative Assembly, while it is in sessi&z Si totsi periodbttfourteen days's'hkch,niaY be conipriseâ.in one session rin'tro ,- successive sessions, md if, béfort the expiry of the sessiott)n which it is sojaid dr tle stäion j rnedj atiyfol1owiflg, , the Legislatie Msembly maket in[y modification iii the rule or decides that the nil8 should not be made, the rule shall thereaftet' have effeci' only jnsucl3 modified form or be of no effect, as The case may be; so however, that •ay such modificatiOn or annulment shall be withottt prejuaice to the validity of anything previously done under that rule. - 19. Repeal and savirg.—(l) The Kerala [mi1com Workers' \Vclfaro Cess Oniitaiicc, 2007 (7 of 2007) is hereby itpca:d I (2) Notwithstanding such repeal, anything done or any action taken under th said Ordinance shill he deemed to bye been done or takcñ jzdtr this Act. I' .1 Ii - - ''- ' 'I. •I -;-€_• I- ,,- •• I • "}i . oi -T71 r , ¶ : I ' r - I ' - d •1 • •i144 - J-. ',- - a •- ' i. •r. 3 t..*; 1 • • - • - .•.-

Section 16 – The Kerala Handloom Workers Welfare Cess Act 2007 | DailyLaw.ai