1 for the purposes of Section 22. (1) Where the occupier of 2[a factory or Gur, Rab or Khandsari Sugar Manufacturing Unit] is a firm or other association of individuals 3[(not being a company)], any one or more of the partners or members thereof may be prosecuted and punished under this Act, for any offence for which the occupier of 2[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] is punishable.
Provided that the firm or association may give notice to the Collector that it has nominated one of its members to be occupier of 2[the factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit] for the purpose of 4[this sub-section] and such individual shall be deemed to be the occupier for the purpose of this sub-section until further notice cancelling his nomination is received by the Collector or until he ceases to be a partner or member of the firm or association.
(2) Where the occupier of a factory is a company or a Gur, Rab or Khandsari Sugar Manufacturing Unit is a company any one or more of the directors thereof, or, in the case of a private company, any one or more of the share-holders thereof may be prosecuted and punished under this Act for any offence for which the occupier of 2[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] is punishable:
Provided that the company may give notice to the Collector that it has nominated a director, or in the case of a private company, a share-holder to be the occupier of 2[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] for the purposes of this sub-section and such director or share holder shall be deemed to be the occupier of 2[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] for the purposes of 4[this sub-section] until further notice cancelling his nomination is received by the Collector or until he ceases to be a director or share-holder.
1 Substituted and be deemed always to have been substituted by Section 6(a) of U.P. Act no. VII of 1974 2 Substituted by Section 9 of U.P. Act no. III of 1960 with effect from 30.01.1960 3 Inserted and be deemed always to have been inserted by Section 6(b) of U.P. Act no. VII of 1974 4 Inserted and be deemed always to have been inserted by Section 6(c) of U.P. Act no. VII of 1974