(1) If the person committing an offence under this Act or any rules made thereunder is 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, 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, if he proves that the offence was committed without his knowledge or 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 Act has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 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;
(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, if he proves that the offence was committed without his knowledge or 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 Act has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 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;
(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, extent and commencement.Section 2 · Declaration as to expediency of Union Control.Section 3 · Definitions.Section 4 · Prospecting or mining operations to be under licence or lease.Section 4A · Termination of prospecting licences, exploration licences or mining leases.Section 4B · Conditions for efficiency in production.Section 5 · Restrictions on the grant of mineral concession.Section 6 · Maximum area for which mineral concession may be granted.India Code, Government of India. Text fetched 25 Oct 2026. Source metadata reports last modification: 2025-09-26. Check the linked official text and subsequent notifications when applying a provision.