Offences by companies

The Chhattisgarh Fire and Emergency Service Act, 2018

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Statutory text

(1) Where an offence under sub-section (4) of Section 33 or sub-section (3) of section 40 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 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 that offence and shall be liable to be proceeded against and punished accordingly. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), 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 Fire Safety Auditor, such Fire Safety Auditor shall also be deemed responsible and liable and punished accordingly. (4) Notwithstanding anything contained in sub-section (1), the Fire Safety Auditor shall be liable for punishment, if it is proved that the fire safety audit report submitted by him is false. (5) In this section, "Company" means any body corporate and includes a firm or other association of individuals; and (6) "Director" in relation to a firm means a partner in the firm.

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