Section 4
(1) If the person committing an offence under this Act, is a company, the company as well as every person in charge of and resthe commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
4. (1) If the person committing an offence under this Act, is a company, the company as well as every person in charge of and resthe commission of the offence 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.
Offences by companies
(2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence 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. Complaint on behalf of the State Government 5. No prosecution for an offence punishable under this Act shall be instituted except on a complaint by or on the authority of the State Government. Repeal of U.P. Ordinance No. 19 of 1972 6. The Uttar Pradesh Unauthorised Medical Educational Institutions (Prevention) Ordinance, 1972, is hereby repealed.
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