Offences by management, organization, companies or others

11. Offences by management, organization, companies or others (1) When an offence under this Act is committed by any management or institution or limited liability partnership or service provider contracted or ordered for examination and others, every person who at the time the offence was committed was in charge of the business of the management or institution or limited liability partnership or service provider contracted or ordered for the examination and others, or was responsible for the conduct of the business of the management or institution or limited liability partnership or other, as well as the service provider contracted or ordered for the examination by the management or institution or limited liability partnership or other, shall also be deemed to be guilty of the offence and shall himself be liable to be prosecuted against and punished accordingly: Provided that nothing contained in this sub-section shall render such person liable to any punishment under this Act, if he proves that the offence was committed without his knowledge and that he exercised due care and diligence to prevent the commission of the offence. (2) Management, institutions and individuals who circulate and publish wrong, misleading and false information and complaints in relation to examinations and question papers and answer keys related to examinations, shall be deemed guilty of crime and shall be liable to be prosecuted against and punished accordingly. (3) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed by any management or institution or limited liability partnership or other and it is proved that the offence was committed by the management or institution or limited liability partnership with the consent or connivance of, or any negligence on the part of, any director, partner, manager, secretary or other officer of the partnership or service provider or other, such director, partner, manager, secretary or other officer shall be deemed to be guilty of the offence and shall be liable to be prosecuted and punished accordingly. (4) Where an offence under this Act is committed by a company engaged in the conduct of any competitive examination, every person who at the time when 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 prosecuted against and punished accordingly. Explanation - for the purpose of this section "Company" means anybody/corporate and includes a firm or other association of the individual.