(1) Where an offence under this Act or any rule or order made thereunder 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 such person liable to any punishment if he proves that
the offence was committed without his knowledge or that he had
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 or any rule or order made
thereunder 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.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm, society, trade union or other association of individuals; and
(b) "director", in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a member of the governing body of such society, trade union or other association of individuals.
Foreign Contribution Regulation Act 2010
Section 32 Revision of orders by Central Government
Section 33 Making of false statement, declaration or delivering false accounts
Section 34 Penalty for article or currency or security obtained in contravention of section 10
Section 35 Punishment for contravention of any provision of the Act
Section 37 Penalty for offences where no separate punishment has been provided
Section 38 Prohibition of acceptance of foreign contribution
Section 39 Offences by companies
Section 40 Bar on prosecution of offences under the Act
Section 41 Composition of certain offences
Section 42 Power to call for information or document
Section 43 Investigation into cases under the Act
Section 44 Returns by prescribed authority to Central Government
Section 45 Protection of action taken in good faith
Section 46 Power of Central Government to give directions
Section 47 Delegation of powers
Section 48 Power to make rules
Section 49 Orders and rules to be laid before Parliament
Section 50 Power to exempt in certain cases
Section 51 Act not to apply to certain Government transactions
Section 52 Application of other laws not barred