Act Number: 41

Act Name: The Carriage by Road Act, 2007

Year: 2007

Enactment Date: 2007-09-29

Long Title: An Act to provide for the regulation of common carriers, limiting their liability and declaration of value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental thereto.

Ministry: Ministry of Road Transport and Highways

Department:

Section 18: Punishment for contravention in relation to non-registration, carrying goods of dangerous or hazardous nature, or prohibited goods.
    (1) Whoever contravenes the provisions of section 3, section 13 or a notification issued under section 14 shall be punishable for the first offence with fine which may extend to five thousand rupees, and for the second or subsequent offence with fine which may extend to ten thousand rupees.
     (2) If the person committing an offence under this Act is 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 had exercised all due diligence to prevent the commission of such offence.
     (3) 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 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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