Amendment status not verified — confirm the current text below against the official source.
Persons deemed to be publzc servants.-All persons actmg by tPC authonty of the Government OJ of any highway aut hOI lty while exc1- c1smg then powe1 s and performmg thelf dulles and functiOns under tlus Act ol the rules made the1 eunder shall be deemed to be pubhe se1 vants · w1thtn the meanmg of sectiOn 2 L of the Indian Penal Code, 1860 (Centta!Act 45 ofl860). 41 Protectwn of actzon taken m good fazth.-No suit, p1osecut10n , or other legal p1 occedmgs shall he agamst the Government or any auth011ty or any person for anything which 1s xn good faith done or Intended to be done under 01 in pm sua nee of this Act 01· 1 ules made the1 eunde~ 42 Ojjences b)' compames -(I) Whet e the person commtttmg any offence under th1c; Act IS a company, the company as well as cve1 y person who 1s 111 charge of, and responsible to the company for the conduct of 1t!> busmcss at the ume of the commission of the offence shall be deemed to be gmlty of the offence and shall be hablc to be proceeded agamst and punished accot dmgly. P1ovided that nothmg contained m the sub-sectiOn shall lender any such pe1Son hable to any pumshment, if he proves that the offence was comm1tted without h1s knowledge 01 that he had cxe1 c1sed all due diligence to prevent the commission of such offence. (2) Notwahstandmg anything con tamed in sub-sectiOn ( 1), whCic any offence under thlS Act has been committed by a company, and it is proved that the offence has been committed w1th the consent 1 132 or connivance of, or that the commtsston of the offence is a ttl ibut- able to any neglect on the pa. t of any director, manager, sec, eta; y or other offi.cet of the compa.1y, such dir.:!ctor, manager, sectetary or other officer shall be deemed to be gudty of that offence and shall be hable to be proceeded against and punished accordmgly Explanation -For the purpose of thts sectwn,- (a) 'Company' means any body corporate and mcludes a firm o, othe·· organisation or association of pelsons or a co-operative society (b) 'dtrector' in relatwn to a fi, m, means a pat·tnet· in the fb m. 43 Cogmzance of offences.-No COUJ. t shall take cogmzance of any offence pumshable uncle-.· thts Act except on a repm t m w 1ting of the facts constttutmg such offence made by a highway authonty o.· any othe .. office .. · au tho 1sed by the Gove.. nment 1n thts behalf ~.