# The Drugs and Cosmetics Act and Rules, Section 34: Offences by companies

- Act: The Drugs and Cosmetics Act and Rules (Act 23 of 1940)
- Source URL: https://indiacode.ecourtsindia.com/drugs-cosmetics-act-rules/section/34/

## Text

(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: 1. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983). 2. Ins. by s. 35, ibid. (w.e.f. 1-2-1968). 3. Subs. by s. 35, ibid., for cl. (f) (w.e.f. 1-2-1968). 4. Subs. by Act 11 of 1955, s. 16, for Chapter V. 5- Ins. by Act 35 of 1960, s. 11 (w.e.f. 16-3-1961). 6. S. 33A re-numbered as s. 33P by Act 13 of 1964, s. 27 (w.e.f. 15-9-1964). Drugs and Cosmetics Act, 1940 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. 1[34A. Offences by Government Departments .- Where an offence under Chapter 1V or Chapter 1VA has been committed by any department of Government, such authority as is specified by the Central Government to be in charge of manufacture, sale or distribution of drugs or where no authority is specified, the head of the department, 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 section shall render any such authority or person liable to any punishment provided in Chapter 1V or Chapter 1VA, as the case may be, if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence.] 2[34AA. Penalty for vexatious search or seizure .- Any Inspector exercising powers under this Act or the rules made thereunder, who,- (a) without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or (b) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or arNes CAUperde shall be punishable with fine which may extend to one wherehaving reason to believe (d) commits, as such Inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty,

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