Explain the provisions of 'Offences by Companies' under Section 62 of the Benami Transactions (Prohibition) Act, 1988.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
Explain the provisions of 'Offences by Companies' under Section 62 of the Benami Transactions (Prohibition) Act, 1988.

Answer & Explanation:

Section 62 of the Benami Transaction (Prohibition) Act, 1988 relates to consequences in case of offences by companies. Section 62 (1) provides that where a person committing a 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. Section 62(2) states that nothing contained in sub-section (1) of this section shall render any person liable to punishment, if he proves that the contravention took place without his knowledge. Section 62(3) provides that notwithstanding anything contained in subsection (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, such 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.

Topics: Benami Transactions (Prohibition) Act, 1988

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