law: Prevention of Food Adulteration Act, 1954
  17.   Offences
  
  by companies. -
  
  (1) Where an offence
  
  under this Act has been committed by a company-
  (a) (i)
  
  The person, if any, has been nominated under sub-section (2)to be in charge of,
  
  and responsible to the company for the conduct of the business of the company
  
  (hereafter in this section referred to as the person responsible), or
   (ii)
  
  Where no person has been so nominated, 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; and
  (b) 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 and that he exercised all due diligence to prevent the
  
  commission of such offence.
  (2) Any
  
  company may, by order in writing, authorize any of its directors or managers
  
  (such manager being employed mainly in a managerial or supervisory capacity) to
  
  exercise all such powers and take all such steps as may be necessary or
  
  expedient to prevent the commission by the company of any offence under this
  
  Act and may give notice to the Local (Health) Authority, in such form and in
  
  such manner as may be prescribed, that it has nominated such director or
  
  manager as the person responsible, along with the written consent of such
  
  director or manager for being so nominated.
  Explanation- Where a company has 
  
  different establishments or branches or different units in any establishment or 
  
  branch, different persons may be nominated under this sub-section in relation to 
  
  different establishments or branches or units and the person nominated in 
  
  relation to any establishment, branch or unit shall be deemed to be the person 
  
  responsible in respect of such establishment, branch or unit.
  (3) The person
  
  nominated under sub-section (2) shall, until-
  (i)
  
  Further notice canceling such nomination is received from the company by the
  
  Local (Health) Authority; or
  (ii) He
  
  ceases to be a director or, as the case may be, manager of the company: or
  (iii) He
  
  makes a request in writing to the Local (Health) Authority, under intimation to
  
  the company, to cancel the nomination which request shall be complied with by
  
  the Local (Health) Authority, whichever is the earliest, continue to be the
  
  person responsible:
  Provided that where such person
  
  ceases to be a director or, as the case may be, manager of the company, he
  
  shall intimate the fact of' such cesser to the Local (Health) Authority:
  Provided further that where
  
  such person makes a request under Cl. (iii) the Local (Health) Authority shall
  
  not cancel such nomination with effect from a date earlier than the date on
  
  which the request is made.
  (4) Notwithstanding
  
  anything contained in the foregoing sub-sections, where an 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 is attributable to, any neglect
  
  on the part of, any director, manager, secretary or other officer of the
  
  company not being a person nominated under subsection (2), 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:
  (b) "Director", in
  
  relation to a firm, means a partner in the firm; and
  (c) "Manager" in
  
  relation to a company engaged in hotel industry, includes the person in charge
  
  of the catering department of any hotel managed or run by it.
  1. Subs. by Act 34 of
  
  1976.  Sec. 14, for Sec. 17 (w.e.f. 1st April 1976).