Delhi Municipal Corporation Act — Section 466

466. Offences by companies.—(1) Where an offence under this Act has been committed by a company, every person who, at the time of 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 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 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 it is proved 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 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 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,

1[466A. Certain offences to be cognizable.—The Code of Criminal Procedure, 1973 (2 of 1974),

shall apply to,—

(a) an offence under sub-section (5) of section 313 or section 332 or sub-section (1) of section

333 or sub-section (1) of section 334 or section 343 or section 344 or section 345 or section 347;

(b) an offence under sub-section (1) of section 317 or sub-section (1) of section 320 or sub- section (1) of section 321 or sub-section (1) of section 325 or section 339 in relation to any street which is a public street,

as if it were a cognizable offence—

(i) for the purposes of investigation of such offence; and

(ii) for the purposes of all matters other than—

(1) matters referred to in section 42 of that Code, and

(2) arrest of a person, except on the complaint of, or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be appointed by the Administrator:

Provided that no offence of the contravention of any condition subject of which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the Commissioner which is compoundable on payment of an amount under the bye-laws relating to buildings made under this Act.]

2[467. Prosecutions.—Save as otherwise provided in this Act, no court shall proceed to the trial of

any offence,—

(a) under sub-section (5) of section 313 or section 332 or sub-section (1) of section 333 or

sub-section (1) of section 334 or section 343 or section 344 or section 345 or section 347 except on the complaint of or upon information received from, such officer of the Corporation, not being below the rank of a Deputy Commissioner, as may be appointed by the Administrator;