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The Lotteries (Regulation) Act, 1998

9.  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 incharge 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 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  was  committed  without  his knowledge or  that  he  had 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 has been committed with the consent or  connivance  of,  or is attributable to, any neglect on the p  art  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 the 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  in  the  firm.

Lotteries (Regulation) Act, 1998 Back

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