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Home Bare Acts Phrase: section 202 of criminal procedure code to indicate that respondent was incharge of and was responsible to the company for the conduct of the business of the company or that the cheques in dispute were issued at his instance

Coir Industry Act, 1953 Section 21

Title : Offences by Companies

State : Central

Year : 1953

.....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. (2) Notwithstanding anything contained in sub-section (1) where an offence under section 12 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-- (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.

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Income Tax Act, 1961 Section 278B

Title : Offences by Companies

State : Central

Year : 1961

.....punished accordingly. 1[(3) Where an offence under this Act has been committed by a person, being a company, and the punishment for such offence is imprisonment and fine, then, without prejudice to the provisions contained in sub-section (1) or subsection (2), such company shall be punished with fine and every person, referred to in sub-section (1), or the director, manager, secretary or other officer of the company referred to in sub-section (2), shall be liable to be proceeded against and punished in accordance with the provisions of this Act.] Explanation : For the purposes of this section, - (a) "company" means a body corporate, and includes - (i) a firm ; and (ii) an association of persons or a body of individuals whether incorporated or not; and (b) "director", in relation to - (i) a firm, means a partner in the firm ; (ii) any association of persons or a body of individuals, means any member controlling the affairs thereof. ______________________________ 1. Inserted by the Finance (No. 2) Act, 2004, with effect from 1st October, 2004.

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Lotteries (Regulation) Act, 1998 Section 9

Title : Offences by Companies

State : Central

Year : 1998

.....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 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 the 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.

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EMPLOYEES' STATE INSURANCE ACT, 1948 Section 86A

Title : Offences by companies

State : Central

Year : 1948

.....contained in this sub-section shall render any 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. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or 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,-- (i) "company" means any body corporate and includes a firm and other associations of individuals; and (ii) "director" in relation to-- (a) a company, other than a firm, means the managing director or a whole-time director; (b) a firm means a partner in the firm.] ____________________ 1. Ins. by Act 29 of 1989, sec. 38 (w.e.f. 20-10-1989).

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Beedi and Cigar Workers (Conditions of Employment) Act, 1966 Section 34

Title : Offences by Companies

State : Central

Year : 1966

..... 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 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 connviance 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 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, and other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.

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Karnataka Urban Water Supply and Drainage Board Act, 1973 Section 49

Title : Offences by Companies

State : Karnataka

Year : 1973

.....: 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 exercised all due diligence to prevent the commission of the 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 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 a 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.

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Birds & Company Limited Acquistion & Transfer of Undertakings & Other Properties Act, 1980 Section 26

Title : Offences by Companies

State : Central

Year : 1980

.....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 any 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.For the purpose 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.

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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 24

Title : Offences by Companies

State : Central

Year : 1984

.....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 any 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 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 includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 30

Title : Offences by Companies

State : Central

Year : 1984

.....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 any 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purpose 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.

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Indian Iron and Steel Company Acquisition of Shares Act 1976 Section 15

Title : Offences by Companies

State : Central

Year : 1976

.....shall be liable to be proceeded against be 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 any offence under this Act 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, 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,-- (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.

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