Section 28 in The West Bengal Mining Settlements (Health And Welfare) Act, 1964
28. Offences by companies. -
(1)If the person committing an offence punishable under this Act is a company, every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that in the case of an offence punishable with fine the company shall also be liable to be proceeded against and punished.(2)Notwithstanding anything contained in sub-section (1), where an offence punishable 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, not being a person deemed under sub-section (I) to be guilty of the offence, such director, manager, secretary or other officer shall be deemed to be guilty of abetment of such offence and shall be liable to be proceeded against and punished in the same manner as the person deemed under subsection (1) to be guilty of the offence.Explanation.- For the purposes of this section-(a)"company" means any body corporate and includes a firm or other association of individuals, and(b)"director" includes a share-holder and also-(i)in relation to a firm, a partner in the firm, and(ii)in relation to an association of individuals, a member of the association.
