Section 21:
Offences by companies.
21. 1
[Contravention by companies].--(1) Where 2
[a contravention of any of the provisions of this
Act or any rule, regulation, direction or order made thereunder] has been committed by a company, every
person who at the time the 3
[contravention] 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 3
[contravention] 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 2
[a contravention of any of the
provisions of this Act or any rule, regulation, direction or order made thereunder] this Act has been
committed by a company and it is proved that the 3
[contravention] 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 3
[contravention] 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.
Notes:
1.Subs. by Act 13 of 2018, s. 202, for "Offences by companies" (w.e.f. 8-3-2019).
2. Subs. by s. 202, ibid., for "an offence under this Act" (w.e.f. 8-3-2019).
3. Subs. by s. 202, ibid., for "offence" (w.e.f. 8-3-2019).