Amendment status not verified — confirm the current text below against the official source.
Offences by companies.—(1) Where the person who contravenes any of the provisions of this Act, rules or regulations made thereunder is a company, every person, who, at the time of such contravention 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 liable for such contravention 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 contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. (2) Notwithstanding anything contained in sub-section (1), where the contravention of the provisions of this Act, rules or regulations has been done by a company and it is proved that such contravention 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 contravention and shall be liable to be proceeded against and punished accordingly. This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ 39 Explanation.—For the purpose of this section,— (a) “company” means a body corporate and include a firm or other association of individuals; and (b) “director” in relation to a firm means a partner in the firm.