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Section 43 – The Tea Act,1953

The Tea Act,1953

Section 43. Offences by companies

(1) If the person committing an offence under this act, or the rules thereunder is a company every person, who at the time the contravention was committed was in charge of an 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 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 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 or the rules thereunder 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 part of any director or 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 any body corporate and includes a firm or other association of individuals; and

(b) ” Director” in relation to a firm means a partner in the firm.

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The Tea Act,1953

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