Offences by companies

Section 65 of the G.m University Act, 2022 deals with offences by companies. Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a MENT OF KARN ARNATAKA company, every person who at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of business of the company, as

(1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a MENT OF KARN ARNATAKA company, every person who at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of 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 if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of the such offence.

(2) Notwithstanding anything contained in sub-section (1), where any such offence 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 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, trust, firm, society" means respectively a company defined under the Companies Act, 1956 (Act No.1 of 1956), trust defined under the Indian Trust Act, 1882 (Act No.2 of 1882), firm defined in the Indian Partnership Act, 1932 (Act No.9 of 1932), Society defined in the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or other association of individuals; and (b) "director" in relation to :- (i) a company means the director as defined in sub-section (13) of section 2 of the Companies Act, 1956 and partner means a partner in the firm;

(ii) a society, a trust or other association of individuals, means the person who is entrusted under the relevant provisions of the Act or rules of the society, trust or other association with management of the affairs of the society, trust or other association, as the case may be.

Section 65, The G.m University Act, 2022 (Act 19 of 2023).