Offences by companies

(1) Where an offence under this Act 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. Explanation — For the purpose 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. (1) The Council may, if it considers it so to do, and after giving due notice to the person concerned and enquiring into his objections, if any, order that any entry in the State Register which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about, be cancelled or amended. (2) The Council may direct the removal altogether, or for a specified period from the State Register the name of any registered nurse, midwife, auxiliary nurse-midwife or health visitor for the same reasons for which registration may be prohibited by the Council under section 17. (3) The Council may direct that any name removed under sub-section (2) shall be restored subject to such conditions, if any, which the Council may deem fit to impose.