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State of Gujarat - Section

Section 17 in The Gujarat Electricity Supply Undertakings (Acquisition) Act, 1969

17. Offences by companies or associations.

(1)Where a person committing any offence punishable under this Act, is a company as defined in the Companies Act, 1956 (I of 1956) or a firm or other association or body of persons, whether incorporated or not, every person who, at the time the offence was committed was in charge of, and was responsible to the company, firm, or association., or body of persons, as the case may be, for the conduct of its business as well as the company, firm or association or body of persons, as the case may be shall be deemed to he 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 if he proves that the offence took place without his knowledge or that he exercised all due deligence to prevent such offence.
(2)Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company or a firm 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 officer of the, company as defined in sub- section (30) of section 2 of the Companies Act, 1956 (I of 1956) or of any partner in the firm, such officer or partner, as the case may be shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.