Building and Other Construction Workers’ Welfare Cess Act,1996
13. OFFENCES BY COMPANIES. –
(1) Where the 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 offence and shall be liable to the proceeded against and punished accordingly :
Provide 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of connivance of, or is attributable to any neglect on the part, 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 purpose of this section.-
(a) “company”, means anybody corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm means a partner in the firm.
Building and Other Construction Workers’ Welfare Cess Act,1996
