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Section 19, Whistle Blowers Protection Act 2014: Offences By Companies

The contents of Section 19 (Offences by companies) under Chapter VI (Offences and Penalties) of the Whistle Blowers Protection Act, 2014, is reproduced as under:—

“(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 has 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 the offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—for the purposes of this section,—
 (a) "Company" means anybody corporate and includes a firm or other association of individuals; and
 (b) "director", in relation to a firm, means a partner in the firm.”







This page was last updated on 31st December, 2017.

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