Act Number: 17

Act Name: The Whistle Blowers Protection Act, 2014

Year: 2014

Enactment Date: 2014-05-09

Long Title: An Act to establish a mechanism to receive complaints relating to isclosure on any allegation of corruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimisation of the person making such complaint and for matters connected therewith and incidental thereto.

Ministry: Ministry of Personnel, Public Grievances and Pensions

Department: Department of Personnel and Training

Section 19: Offences by companies.
    (1) 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 provided in this Act, if he proves that the offence was committed without his knowledge or that he has 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 anybody 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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