Section 38: Offences by companies .-(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:

Q: What does Section 38 of The Metro Railways (Construction of Works) Act, 1978 (TMRCWA) deal with?

Section 38 TMRCWA pertains to "Offences by companies .-(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:". It is part of the The Metro Railways (Construction of Works) Act, 1978, a legislation enacted by the Parliament of India. Section 38 of The Metro Railways (Construction of Works) Act, 1978 (TMRCWA) prescribes offences by companies .-(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:. As verified on 19 May 2026.

Q: Is Section 38 TMRCWA still in force?

Yes, Section 38 of the The Metro Railways (Construction of Works) Act, 1978 is currently in force across the Republic of India.

Q: What is धारा 38 TMRCWA?

धारा 38 TMRCWA is the Devanagari Hindi reference for Section 38 of the The Metro Railways (Construction of Works) Act, 1978. Section 38 of The Metro Railways (Construction of Works) Act, 1978 (TMRCWA) prescribes offences by companies .-(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:. As verified on 19 May 2026.

Q: What is Dhara 38 TMRCWA?

Dhara 38 TMRCWA is the Roman Hindi reference for Section 38 of the The Metro Railways (Construction of Works) Act, 1978. "Dhara" means "Section" in Hindi. Section 38 of The Metro Railways (Construction of Works) Act, 1978 (TMRCWA) prescribes offences by companies .-(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:. As verified on 19 May 2026.

Q: How to cite Section 38 of The Metro Railways (Construction of Works) Act, 1978?

Cite as: "Section 38, The Metro Railways (Construction of Works) Act, 1978 (TMRCWA)" in legal briefs. For academic writing, use the BlueBook format: The Metro Railways (Construction of Works) Act, 1978, § 38 (India).

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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)

Notwithstanding anything contained in sub-section (1), where any 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 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 firm, means a partner in the firm.