Bare ActsThe Kerala Irrigation and Water Conservation Act, 2003

Section 77

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

Offences by companies —(1) 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 business of the company 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 if he proves that the offence was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence (2) Notwithstanding anything contained in sub-section (1) where an offence 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 that offence and shall be liable to be proceeded 4 against and punished accordingly. Explanation —for the purposes of this section,— (a) “company” means any body corporate and includes a firm or • other association of persons or a co-operative society, (b) “director” in relation to a firm means a partner in the firm. CHAPTER XIV MISCELLANEOUS 78 Application of the provisions of the Act to minor irrigation works — The Government may at the request of a local authority or otherwise, by notification, declare that any of the provisions of this Act or of the rules made thereunder, shall be extended to and be in force in respect of any minor irrigation work constructed or maintained by the local authority, subject to such alteration or modifications not affecting the substance, as may be necessary or proper for the purpose of adopting them to the work concerned.

Section 77 – The Kerala Irrigation and Water Conservation Act, 2003 | DailyLaw.ai