Section 62 - Offences by companies of Prohibition of Benami Property Transactions Act

62. (1) Where a person committing contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention 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 contravention and shall be liable to be proceeded against and punished accordingly.

(2) Nothing contained in sub-section (1), shall render any person liable to punishment if he proves that the contravention took place without his knowledge.

(3) Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place 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, the director, manager, secretary or other officer shall also be deemed to be guilty of the contravention 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—

 

(i)         a firm; and

(ii)        an association of persons or a body of individuals whether incorporated or not; and

 

(b)        "director", in relation to—

 

(i)         a firm, means a partner in the firm;

(ii)        any association of persons or a body of individuals, means any member controlling the affairs thereof.]

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