1[22A. Offences by companies.-(1) Where an offence under this Act has been committed by a company, every person (including promoters of the company) 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 (including promoters) liable to any punishment
provided in this Act, if he proves that the offence was
committed without his knowledge or that he had exercised
reasonable care 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 promoter, director, manager, secretary or other officer
of the company, such promoter, 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 or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the
firm.]
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1. Ins. by Act 3 of 2013, s. 7 (w.e.f. 1-2-2013).
1[22B. Offences by societies or trusts.-(1) Where an offence under this Act has been committed by a society or trust, every person (including the promoter of society or settlor of the trust) who at the time the offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, 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 reasonable care to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a society or trust 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 promoter, director, manager, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee 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 purpose of this section,-
(a) "society" means any body corporate registered under the Societies Registration Act, 1860 (21 of 1860) or any other State Act governing the registration of societies;
(b) "trust" means any body registered under the Indian Trusts Act, 1882 (2 of 1882) or any other State Act governing the registration of trusts;
(c) "director", in relation to a society or trust, means a
member of its governing board other than an ex officio member
representing the interests of the Central or State Government or
the appropriate statutory authority.]
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1. Ins. by Act 3 of 2013, s. 7 (w.e.f. 1-2-2013).
1[22C. Punishment for offences by companies, societies or
trusts.-Where any offence under the Act has been committed by a
company or a society or a trust, as the case may be, every
person (including promoter of company or trust or settlor of the
trust) who at the time of the offence was either in charge or
responsible for the conduct of the business shall be punishable
with imprisonment for a term which shall not be less than seven
years but which may extend to imprisonment for life and shall
also be liable with fine which shall not be less than five crore
rupees and which may extend to ten crore rupees.]
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1. Ins. by Act 3 of 2013, s. 7 (w.e.f. 1-2-2013).
(1) 1[If any person with intent to aid any terrorist or terrorist organisation or a terrorist gang contravenes] any provision of, or any rule made under the Explosives Act, 1884 (4 of 1884) or the Explosive Substances Act, 1908 (6 of 1908) or the Inflammable Substances Act, 1952 (20 of 1952) or the Arms Act, 1959 (54 of 1959), or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or 2 [chemical substance of warfare or high quality counterfeit Indian currency, he shall], notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
(2) 3 [Any person who with the intent to aid any terrorist, or a terrorist organisation or a terrorist gang], attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1) and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be construed as a reference to "imprisonment for ten years".
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1. Subs. by Act 35 of 2008, s. 9, for "If any person with intent
to aid any terrorist contravenes" (w.e.f. 31-12-2008).
2. Subs. by Act 3 of 2013, s. 8, for "chemical substance of
warfare, he shall" (w.e.f. 1-2-2013).
3. Subs. by Act 35 of 2008, s. 9, for "Any person who, with the
intent to aid any terrorist" (w.e.f. 31-12-2008).
Unlawful Activities (Prevention) Act
Section 6, 7, 8, 9 of UAPA 1967
Section 10, 11, 12, 13, 14 of UAPA 1967
Section 15 Terrorist Act, 16 Punishment
Section 17, 18, 18A, 18B of UAPA 1967
Section 19, 20, 21, 22 of UAPA 1967
Section 22A, 22B, 22C, 23 UAPA 1967
Section 28, 29, 30, 31, 32 of UAPA
Section 43A, 43B, 43C, 43D, 43E, 43F
Section 44, 45, 46 of UAPA 1967