(2) No court shall, in adjudicating any matter or executing any decree or order, recognise 'any custom or usage imposing any disability on any person on the ground of "untouchability".
Offences by companies. 14. (1) If the person committing an offence under this Act is 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, 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the con- sent of any director or 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.
Offences under the Act to be cognizable and compoundable. 15. Notwithstanding anything contained in the Code of Criminal Procedure, 18985 of 1898—
- (a) every offence under this Act shall be cognizable; and
- (b) every such offence may, with the permission of the court, be compounded.
Act to override other laws. 16. Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any court or other authority.
Repeal. 17. The enactments specified in the Schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein.
THE SCHEDULE
(See section 17)
1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act 19 of 1949).
