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NCT Delhi - Section

Section 20 in DELHI COMMON EFFLUENT TREATMENT PLANTS ACT, 2000

20. Contravention etc. by companies

(1)Where a contravention of any of the provisions of this Act or failureto comply with any order or direction given under this Act has been made by acompany, every person who at the time the contravention or failure was madewas in charge of and was responsible to the company for the conduct of liebusiness of the company, as well as the company shall be deemed to be guilty ofthe contravention or failure, as the case may be, and shall be liable to beproceeded against the imposition of penalty accordingly:Provided that nothing contained in this sub-clause shall render any suchperson liable to any penalty, if he proves that such contravention or failure, as thecase may be, was made without his knowledge or that he exercised all duediligence to prevent the making of such contravention or failure, as the case maybe.
(2)Notwithstanding anything contained in sub-clause (1), where acontravention or failure under this Act has been made by a company and it isproved that such contravention or failure has been made with the consent orconnivance of, or is attributable to any neglect on the part of any DirectorManager, Secretary, or other officer of the company, such Director or Manger,Secretary, or other officer shall also be deemed to be guilty of that contraventionor failure, as the case may be and shall be liable to be proceeded against andimposed penalty accordingly.Explanation – For purposes of this clause
(a)“company” means any body corporate, and includes a firm or other
association of individuals;
(b)“director”, in relation to a firm, means a partner in the firm.