The Export (Quality Control and Inspection) Act, 1963
12. 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 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 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 has been committed with the consent or connivance of, or is
attributable to any negligence 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 1 Ins. by Act 40 of 1984, s. 5 (w.e.f. 2.7.1984). 2
Subs. by s. 6 ibid (w.e.f. 2.7.1984). 3 Ins. by s. 7, ibid (w.e.f. 2.7.1984). 71.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 a body corporate
and includes a firm or other association of individuals; and
- "director", in relation to a
firm, means a partner in the firm.
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