Amendment status not verified — confirm the current text below against the official source.
(1) Where an offence under this Act has been committed by a company, every person who, al llie time lhe offence was committed, was in charge of, and was responsible lo, llie company for the conduct of lhe business of the company, as well as (he company, shall be deemed io be guilty of the offence and shall be liable (o be proceeded against and punished accordingly: Provided thai nothing contained in lhis sub-seclion shall render any such person liable lo any punishment provided in this ACL if he proves that (he offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Nol withstanding anything contained in sub-section (1), where an offence under this Act has been commilied by a company and it is proved thai the offence has been committed with the consent or connivance of, or is attributable lo any neglect on the part of, any director, manager, secretary or other officer oflhe company, such director, manager, secretary or other officer shall ulso 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 corporaic, and includes a firm or olher association of individuals: and (b) "director" in relation to a firm means a partner in lhe firm, LIX or 1980.] The Kolkata Municipal Corporation Act, 1980. 879 (Part IX.—Powers, Procedures, Offences and Penalties.— Chapter XXXVII.—Offences and penalties.—Section 619.) 2 of 1974. '619A. :(1) The Code of Criminal Procedure, 1973 shall apply io— Certain offences io (1) an offcnce under sub-secilon (5) of scclion 365 or section be 392 or sub-section (1) of scclion 393 or sub-section (1) of coSniz;iti,c seciion 394 or section 400 or seciion 401 or scction 402, and (2) an offence under sub-section (1) of scclion 369 or sub-section (1) of seciion 371 or sub-seclion (1) of scclion 377 in relation lo any sireel which is a public street, as if it were a cognizable offence— (a) Tor lhe purpose of investigation of such offence; and (b) for the purposes of all mailers other lhan— (i) the mailers referred lo in section 42 of lhat Code, and (ii) lhe arrest of a person, except on the complaint of, or upon information received from, lhc Municipal . Commissioner or any person authorised by him by general or special order in this behalf: Provided that no offence of lhc contravention of any condition subjeci to which sanciion was accorded for ihe ereclion of any building or lhe execution or any work shall be cognizable, if such contravention rclales io any deviation from any plan of such ereclion or execution sanctioned by the Municipal Commissioner which is compoundable on payment of an amouni under lhe rules and regulation relating lo buildings made under this Acl. 2(2) No court inferior io that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall Uy any offence punishable under lhis Acl. :(3) Except as otherwise provided in sub-scclion (1), no court shall lake cognizance of any offence punishable under this Aci or of the abatement of any such offence— (a) save on its own knowledge of the offence or police report of (he facts which consficute Ihe offence, or (b) save on complaint made by the person aggrieved by the offence or the parent or olher relative or such person or any recognised welfare institution or any recognised professional institution or organisation of engineers, architects or technocrats. 'Scction 619A was inserted toys. 22 oflhe Calculla Municipal Corparju'nn (Amendment) Act. 1988 (Wcsl Den. Acl XXi of 1988). 'Scclion 6I'M was renumbered as sub-seclion (I) of ilinl section anil uflcr sub-scclion (I) a? so renumbered, sub-scclions (2) and (3) were inserted by s. 25 of lhc Calculla Municipal Corporalion (Amendment) Acl, 1996 (Wcsl Ben. Aei VI of 1996). 335 The Kolkata Municipul Corporalion Aci, 1980. Power of State Government la notify indention to extend Act to other ureas. [Wesl Ben. Act (Part IX.—Powers, Procedures, Offences and Penalties.— Chapier XXXVI!.—Offences and penalties.—Sections 620, 621.— Chapter XXXVIII.—Supple/neural Provisions,—A. Extension of Act lo other areas and inclusion or exclusion of areas within or from Kolkata.—Section 622.) Explanation.—For the purposes of Lhis sub-section, "recognised wclTnrc institution" or "recognised professional institution or organisation of engineers, architects or technocrats" shall mean a welfare instution or, as the case may be, a professional institution or organisation of engineers, architects or technocrats, rccogniscd by the Central Government or (he State Government. Prosecutions. 620. Save as otherwise provided in Ihis Act, no court shall proceed lo the trial of any offence punishable by or under this Act cxcept on the complaint of, or upon information received from, the Municipal Commissioner or any person authorised by him by general or special order in this behalf. Compounding 621. (I) The Municipal Commissioner or any person authorised by or offerees. him by general or special order in this behalf may, either before or after the institution of any proceedings, compound any offence punishable by or under Ihis Act: Provided that no offence, which is committed by failure to comply . with any notice, order or requisition issued by or on behalf of the Corporation or of any of the municipal authorities reFerred to in section 3, shall be compounded unless such notice, order or requisition has been complied with in so far as such compliance is possible. (2) Where an offence has been compounded, lhe offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. CHAPTER XXXVIII Supplemental Provisions A. Extension of Act to other areas and inclusion or exclusion of areas within or from '[Kolkata].