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(a)
identifying the conditions of a licence or permit issued by the
Commission or certain provisions of regulations the violations of which
will constitute offence and imposition of a penalty of imprisonment for a
term not exceeding 2 (two) years or fine not exceeding 2 (two) lac taka or
both for such offence ;
(b)
specifying the compensation, which may extend to 2 (two) lac taka, to be
paid to a person affected by the violation of regulations or the conditions
of a licence or permit issued by the Commission, and the procedure for
realization of such compensation.
76.
Offence by company.- (1) If the person contravening a provision contained in or
made under this Act is a company, every owner, director, manager, secretary or other
officer or employee or representative of the company shall be deemed to have violated
that provision, unless he proves that the violation took place beyond his knowledge or
that he took all possible steps within his capacity to prevent the violation.
Explanation.- In this section (a)
“company” means any company, statutory body, partnership,
society or association of persons;
(b)
“director” includes a partner, or a member of a board of director,
by whatever name called.
(2)
Notwithstanding the provisions of the Criminal Procedure Code, where an
offence under this Act or regulations is committed by a company, the Court of Sessions,
having jurisdiction over the place at which the registered office, or the head office of the
company is situated or, if the company does not have such an office, the place from
which its activities are generally regulated, or the place at which the offence has been
committed or the concerned offender of the company is available shall be the court of
competent jurisdiction.
77.
Jurisdiction of courts relating to cognizance and trial of offences.- (1)
Notwithstanding the provisions of the Criminal Procedure Code, no court inferior to a
Court of Sessions shall be competent to hold the trial of an offence under this Act or
regulations.
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