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State of Kerala - Section

Section 42 in Kerala Highway Protection Act, 1999

42. Offences by companies.

(1)Where the person committing any offence finder this Act is a company, the company as well as every person who is in charge of', and responsible to the company for the conduct of its business at the time of the commissioning 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 nothing contained in the sub-section shall render any such person liable to any, punishment, if lie 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 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 be deemed to be guilty of that offence and shall he 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 organisation or association of persons or a co-operative society.
(b)'director' in relation to a firm, means a partner in the firm.