Section 90 of The Rights of Persons with Disabilities Act, 2016.
- (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 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 had 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 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, 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.
Summary
- This section explains who is responsible when a company breaks this law.
- The company itself and the person in charge at the time of the crime are both considered guilty.
- A person can avoid punishment if they prove they did not know about the crime.
- A person is also safe if they show they tried their best to prevent the crime from happening.
- Directors or managers are guilty if they helped the crime happen or were very careless.
- The term company includes firms and other groups of people.
Practical examples
FAQ
1. Who is held guilty if a corporation violates Section 90 of The Rights of Persons with Disabilities Act, 2016?
Under Section 90 of The Rights of Persons with Disabilities Act, 2016, both the company and the person in charge of the business at the time are deemed guilty.
2. How can a manager defend themselves under Section 90 of The Rights of Persons with Disabilities Act, 2016?
A person can avoid liability under Section 90 of The Rights of Persons with Disabilities Act, 2016, by proving the offence happened without their knowledge or that they exercised due diligence to prevent it.
3. What does the word director mean for a firm under Section 90 of The Rights of Persons with Disabilities Act, 2016?
In the context of a firm, Section 90 of The Rights of Persons with Disabilities Act, 2016, defines a director as a partner in that firm.
Test yourself
Q1.Under Section 90 of The Rights of Persons with Disabilities Act, 2016, if a company commits an offence, who besides the company is deemed guilty?
Q2.To avoid punishment under Section 90 of The Rights of Persons with Disabilities Act, 2016, what must a responsible person prove?
Q3.According to the explanation in Section 90 of The Rights of Persons with Disabilities Act, 2016, what does the term company include?
Q4.Under Section 90 of The Rights of Persons with Disabilities Act, 2016, when is a director or manager specifically liable even if they weren't the primary person in charge?