Bare ActsThe ODISHA MARITIME BOARD ACT, 2020

Section 104

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

(1) If the person committing an offence under this Act is a company, every person, who, at the time when the offence was committed was in charge of, and was responsible to the company for its conduct of business, 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: 65 Provided that nothing contained in this sub-section shall render any such person liable to such punishment under this Act, 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 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 that the commission of the offence is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation,— For the purposes of this section— (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm. CHAPTER XI MISCELLANEOUS Constitution of State Ports Consultative Committee.

Section 104 – The ODISHA MARITIME BOARD ACT, 2020 | DailyLaw.ai