Motor Vehicles Act Section 199 — Offences by companies
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) states that when a company commits an offence under this Act, the company itself, along with every person who was in charge of and responsible for the company's business at the time of the offence, is considered guilty of the violation. Such persons can be proceeded against and punished for the offence. However, a person in charge can avoid punishment if they prove that the offence happened without their knowledge, or that they exercised all due diligence to prevent it.
Sub-section (2) adds that even if a person is not in charge of the company's business, if the offence was committed with the consent or connivance of, or due to the neglect of, any director, manager, secretary, or other officer of the company, that officer is also considered guilty of the offence and can be proceeded against and punished. This applies regardless of what sub-section (1) says.
The explanation clarifies the terms used in this section. Under clause (a), "company" means any body corporate and also includes a firm or other association of individuals. Under clause (b), "director" in relation to a firm means a partner in that firm.
Official Text
(1) Where an offence under this Act 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 contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing 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 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 by a company, and it is proved that the offence was 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 or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.