The National Green Tribunal Act, 2010
27. Offences by
companies. –
1.
Where
any offence under this Act has been committed by a company, every person who,
at the time the offence was committed, was directly 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 provided in this Act, 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 the company and it is proved that the offence has been 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,-
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.