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Section 1

Sub. By Sec. 2 (i) of the U.P. Act no. 33 of 2021 .

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1. Sub. By Sec. 2 (i) of the U.P. Act no. 33 of 2021 . Offences by companies Protection for action taken in good faith Rule-making power Repeal and saving U. P. Ordinance no. 20 of 1977 Provided that the Court may for any adequate and special reasons to be recorded impose a 1 [penalty of less than rupees fifty thousand]. (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the 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. Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of offence is attributable to any neglect on the part of any managing agent, secretaries and treasurers, director, manager, or other officer of the company, such managing agent, secretaries and treasurers, director, manager or other officer of the company treasurers, director, manager or other officer of the company 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 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. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported or intended to be done in pursuance of the provisions of this Act or any rule or order made thereunder. The State Government may, by notification, make rules for carrying out the purposes of this Act. (1) The Uttar Pradesh Industrial Peace (Timely Payment of Wages) Ordinance, 1977 is hereby repealed. Notwithstanding such repeal, anything done or any action taken under the aforesaid Ordinance shall be deemed to have been done or taken under this Act as if the provisions of this Act were in force at all material times.