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Motor Vehicles Act, 1988


199. Offences  by companies. 

  1. Where an offence under this Act has been  committed by  a company, every person  who at  the time the offence was  committed, was  in charge of, and was responsible to, the company, for  the conduct  of the  business of the company, as well as the company,  shall be  deemed to  be guilty  of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that  nothing in  this sub-section shall render any such person liable  to any  punishment provided  in this  Act, if he proves that the  offence was  committed without  his  knowledge  or  that  he exercised all due diligence to prevent the commission of such offence.

  1. Notwithstanding  anything contained in sub-section (1), where an offence  under this  Act has been committed by a company, and it is proved that  the offence  was 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 company,  such director, manager, secretary  or other officer shall also be deemed to be guilty of that  offence and  shall be  liable to  be  proceeded  against  and punished accordingly.

Explanation--For the purposes of this section-

  1. "company"  means any  body corporate and includes a firm or other association of individuals; and

  2. "director",  in relation  to a  firm, means a partner inthe firm.



Motor Vehicles Act, 1988 Back




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