Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
87. Offences by companies.
1. 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, shall be deemed to
be guilty of the offence 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 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 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,—
a.
“company” means any body corporate and includes a firm or other
association of individuals and a Requiring Body; and
b.
“director”, in relation to a firm, means a partner in the firm.