Emigration Act, 1983
25. Offences by companies .-
(1) Where an offence under this Act has been
committed by a company, every person who, at the time of 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 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.
Notwithstanding anything contained in
sub-section (1) where any offence s 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 is attributable or any neglect on the part of any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall 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
firm, means a partner in the firm.