State Act

The Nagaland Health Care Estts. Act, 1997

17 (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 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 had exercised all due diligence to prevent the commission of such offence. (2) Nothwithstanding anything contained in sub-section (1) where an offence under this Act has been committed with 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 the offence and shall be liable to be proceeded against accordingly. Explanation: (a) For the purpose of this section, Company means a body corporate and includes a firm or other association of individuals; and (b) “Director” in relation to a firm mean partner in the firm.