The Industries (Development And Regulation) Act, 1951
1[(1) If any person contravenes or attempts to contravene or abets the contravention of: –
(i) The provisions of sub-section (1), 2[or sub-section (4)] of section 10 of sub-section (1) of section 11 or of section 11A or of sub-section (1) of section 13 3[or of 4(sub-sections (2), (2A), (2D), (2F) and (2G) of section 29B]], or
(ii) Any direction issued under section 16 or sub-section (3) of section 18B, or
(iii) Any order made under section 18G, or
(iv) Any rule the contravention of which is made punishable under this section,
He shall be punishable with imprisonment, which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, in the case of a continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for first such contravention. (2) If the person contravening with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, in case of a continuing contravention with an addition fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention. Provided that nothing contained 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 knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in subsection (2), where any offence under this Act his 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 part of, any director or 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 also be liable to be proceeded against and punished accordingly.
For the purposes of this section, –
(a) “Company” means any body corporate and includes a firm or other association individuals: and. (b) “Director” in relation to a firm means a partner in the firm.
1. Subs. by Act 26 of 1953, sec. 15, for original sub-section (1) (w.e.f. 1-10-1953).
2. Ins. by Act 67 of 1973, sec. 3 (w.e.f. 7-2-1974)
3. Ins. by Act 71 of 1956, sec. 4 (w.e.f. 1-3-1957)
4. Subs. by Act 4 of 1984, sec. 4, words (w.e.f. 12-01-1984).