Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 47 – The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974

 

 

47. 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 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 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.

 

(2) 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 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,—

 

(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.

 

COMMENTS

(i) Defence under sub-section (1)

 

The accused may prove that—

 

(a) the offence was committed without his knowledge, or

 

(b) he exercised all due diligence to prevent the commission of the offence.

 

Defence under sub-section (2)

 

The accused may prove that the offence has been committed without—

 

(a) his consent or connivance, or

 

(b) any neglect on his part.

 

(ii) The non-obstante clause with which a section (or sub-section) starts should be given its due meaning; Rashid Khan alias Rashid v. State of Rajasthan, (1994) 3 Crimes 313 (Raj).

 

 

Previous | Next

 

The Water (Prevention and Control of Pollution) Act, 1974

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh