section 77
Offences by body corporate
The Guwahati Satellite City Development Authority Act, 2026General202690 sections
Statutory text
- (1) If the person committing an offence under this Act is a company, every person who, at the time of offence was committed, was in-charge of, and was responsible to, the company for the conduct of its business 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 exercised all due diligence to prevent its commission.
- (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 officers of the company, such director manager, secretary or other officers shall be liable to be proceeded against and punished accordingly.
- (3) The provisions of sub-section (1) and sub-section (2) shall apply in the case of offences committed by other body corporate, including but not limited to limited liability partnership firms, as may be recognized under law for the time being in force. Explanation. — For the purpose 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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