The Motor Vehicles Act, 1988
199. Offences by
companies.
- 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 the business
of the company, as well as the company, shall be deemed to be
guilty of the contravention and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing in
this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
- 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
was 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
against and punished accordingly.
Explanation--For the
purposes of this section-
- "company" means any
body corporate and includes a firm or other association of individuals; and
- "director", in
relation to a firm, means a partner inthe firm.