(1) Where an offence under this Act has been committed by a company, every person who at time the offence was committed, was incharge of, and was responsible to the company for 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 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 he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed by a company and it is provided 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 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) “company” means a 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.
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 he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed by a company and it is provided 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 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) “company” means a 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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More sections of this act
Section 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Prohibition against destruction of fish by explosive.Section 4 · Prohibition against destruction of fish by poisoning of waterSection 5 · Power to make rules to protect fish.Section 6 · Declaring waters as sanctuaries, trout waters, reserved waters and protected waters.Section 7 · Absolute prohibition against fishing sanctuaries.Section 8 · Powers to regulate, restrict or prohibit certain fishing activities and habitat therein within trout waters, reserved waters and protected waters.India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.