Payment and Settlement Systems Act, 2007
27. Offences by
companies. -
1.
Where
a person committing a contravention of any of the provisions of this Act or any
regulation, direction or order made thereunder is a company, every person who,
at the time of the contravention, was in-charge of, and was responsible to, the
company for the conduct of business of the company, as well as the company,
shall be guilty of the 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 punishment if he proves that
the contravention took place without his knowledge or that he exercised all due
diligence to prevent such contravention.
2.
Notwithstanding
anything contained in sub-section (1), where a contravention of any of the
provisions of this Act or of any regulation, direction or order made thereunder
has been committed by a company and it is proved that the contravention has
taken place 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 the contravention and shall be liable to be proceeded
against and punished accordingly.
Explanation.- For the
purposes of this section,-
a. "company"
means any 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.