The Oil Industry (Development) Act, 1974
25. 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 1. Ins. by Act 29 of 1977, s. 37 (retrospectively). 207.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 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-
- "company" means any 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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