Section 22A:
Offences by companies.
1[22A. Offences by companies.--(1) Where an offence under this Act has been committed by a
company, every person (including promoters of the company) 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 (including
promoters) liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he had exercised reasonable care 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 promoter, director, manager, secretary
or other officer of the company, such promoter, 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.]
Notes:
1. Ins. by Act 3 of 2013, s. 7 (w.e.f. 1-2-2013).