(1) If the person contravening the provisions of this Act is a company,
every person who, at the time the contravention 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 contravention 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 if he proves that the contravention took
place without his knowledge or that he exercised all due diligence to prevent
such contravention.
(2) Notwithstanding anything in sub-section (1), where any 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 that the
commission of the offence 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.
Section 6 • The Gujarat Land Grabbing (Prohibition) Act, 2020.
Section 6. Offences by companies.
gujarat-land-grabbing-prohibition-act-2020-sec-6.json
•
Section 6
{
"act_title": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
"act_slug": "gujarat-land-grabbing-prohibition-act-2020",
"section_label": "Section",
"section": {
"number": "6",
"title": "Section 6. Offences by companies.",
"chapter": null,
"content": "(1) If the person contravening the provisions of this Act is a company,\r\nevery person who, at the time the contravention was committed, was in\r\ncharge of, and was responsible to, the company for the conduct of the\r\nbusiness of the company as well as the company, shall be deemed to be guilty\r\nof the contravention and shall be liable to be proceeded against and\r\npunished accordingly:\r\nProvided that nothing contained in this sub-section shall render any\r\nsuch person liable to any punishment if he proves that the contravention took\r\nplace without his knowledge or that he exercised all due diligence to prevent\r\nsuch contravention.\r\n(2) Notwithstanding anything in sub-section (1), where any offence under\r\nthis Act has been committed by a company and it is proved that the offence\r\nhas been committed with the consent or connivance of, or that the\r\ncommission of the offence is attributable to any neglect on the part of any\r\ndirector, manager, secretary or other officer of the company, such director,\r\nmanager, secretary or other officer shall also be deemed to be guilty of that\r\noffence and shall be liable to be proceeded against and punished accordingly.",
"footnote": "Explanation:— For the purposes of this section:-\r\n(a) \"Company\" means anybody corporate and includes firm or other\r\nassociation of individuals; and\r\n(b) \"Director\" in relation to a firm, means a partner in the firm.",
"is_definition": false,
"sort_order": 14
},
"prev_section": "5",
"next_section": "7"
}