{"act":{"id":"dadra-nagar-haveli-daman-diu-labour-welfare-fund","short_title":"The Dadra and Nagar Haveli and Daman and Diu Labour Welfare Fund Act 1986","long_title":null,"act_number":"4","act_year":1986,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Dadra and Nagar Haveli and Daman and Diu","unit":"section","section_count":42,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/6cb9fe95-5dd0-41d2-942b-5c995e22444e.pdf","url":"https://indiacode.ecourtsindia.com/dadra-nagar-haveli-daman-diu-labour-welfare-fund/"},"unit":"section","section":{"number":"28","heading":"Offences by companies","text":"(1) If the person committing an offence under this Act is 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 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 the 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 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 a 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.","html":"<p>(1) If the person committing an offence under this Act is 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 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 the 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 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 a 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.</p>","words":220,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/dadra-nagar-haveli-daman-diu-labour-welfare-fund/section/28/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/6cb9fe95-5dd0-41d2-942b-5c995e22444e.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/89e6f840-d63d-4d0f-a26a-d03a4097e26f/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}