Commission of offence by companies
Section 31 of Bihar Prohibition and Excise Act, 2016 deals with commission of offence by companies. If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of offence, and shall be liable to be proceeded aga
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of offence, and shall be liable to be proceeded against and punished accordingly.
Provided that where a company has different establishment or branches or different units in any establishment or branch, the concerned Chief Executive and the person in charge of such establishment, branch, unit nominated by the company as responsible for the conduct of business shall be liable for contravention in respect of such establishment, branch or unit:
Provided further that nothing 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 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence 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 be liable to be proceeded against and punished accordingly.
(3) This section shall not apply to such companies where the majority shareholding is held by Central or any State Government or such companies as the Board may exempt.
Explanation- For the purpose of this section -"company" means any body corporate and includes a firm or other association of individuals; and "director", in relation to the firm, means a partner in the firm.
Section 31, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).
Questions about Section 31
What does Section 31 of the Bihar Prohibition and Excise Act deal with?
Section 31 of the Bihar Prohibition and Excise Act is headed "Commission of offence by companies". If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of offence, and shall be liable to be proceeded aga
How do I find court cases under Section 31 of the Bihar Prohibition and Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Prohibition and Excise Act 31, section 31 Bihar Prohibition and Excise Act, section 31 of the Bihar Prohibition and Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Bihar Prohibition and Excise Act enacted?
Bihar Prohibition and Excise Act was enacted in 2016 as Act 20 of 2016. India Code records no commencement date for it. It is in force as at the date shown on this page.
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