Amendment status not verified — confirm the current text below against the official source.
1962 12 The Rajasthan Electricity (Duty) Act, 1962 (1) In section 9,- (i) in sub-section (1), for the existing expression “,on conviction before a Magistrate, to a fine not exceeding two hundred rupees:”, the expression “to a penalty not exceeding five hundred rupees.” shall be substituted; (ii) in sub-section (1), the existing proviso shall be deleted; (iii) in sub-section (2), for the existing expression “, on conviction before a Magistrate, to a fine not exceeding Rs. 1000/-.”, the expression “to a penalty not exceeding two thousand rupees.” shall be substituted; (iv) in sub-section (2), the existing proviso shall be deleted; (v) after the existing sub-section (2) so amended, the following new sub-sections shall be added, 7 namely:- “(3) Where any contravention as specified in sub-section (1) and (2) is committed by a company, every officer who at the time of commission 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 responsible for commission of 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 provided in this Act if he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in sub-section (3), where any contravention specified in sub-section (1) and (2) has been committed by a company and it is proved that the 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 responsible of that contravention and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purpose of sub- sections (3) and (4),- (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. (5) Penalty under this section may be imposed by the Commissioner or any officer authorised in this behalf by the State Government. (6) No penalty under this section shall be imposed unless a reasonable opportunity of being heard is afforded to the person concerned.”. 8 (2) The existing section 9A shall be deleted.