Offences by companies.

1. (1) If the person committing an offence under this Act is 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. (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 be liable to be proceeded against and punished accordingly. 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. 76D. Penalty for obstructing contractor or removing mark.—If any person,—
   • (a) obstructs, or molests any person engaged or employed by the Board or any Planning Authority, or any person with whom the Board or the Planning Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
   • (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, he shall be punishable with 1[penalty which may extend to twenty five thousand rupees.]1

¹ Substituted by Act 61 of 2025 w.e.f………………………