Section 78E in The West Bengal Primary Education Act, 1973
78E. Liability to prosecution.
(1)Where an offence under clause (a), clause (b) or clause (c) of sub-section (1) of section 78D has been committed by an owner of a coal-bearing land or an offence under clause (d), clause (e) or clause (f) of sub-section (1) of that section has been committed by an owner of a tea estate, as the case may be, every person who, at the time the offence was committed, was in-charge of such coal-bearing land or tea estate, as the case may be, and was responsible to such owner, for the conduct of the business of such coal-bearing land or tea estate, as the case may be, as well as the owner, shall he deemed to be guilty of the offence and shall be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided under section 78D, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.(2)Notwithstanding anything contained in sub-section (1), where an offence under section 78D has been committed by an owner of a coal-bearing land or tea estate, as the case may be, 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 coal-bearing land or tea estate, as the case may be, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.]
