41.
(1) A prospectus inviting persons to subscribe for shares in, or debentures of, a company and including statement purporting to be made by an expert shall not be issued unless
| | (a) such expert has given and has not, before delivery of a copy of the prospectus for registration, withdrawn his written consent to the issue thereof with the statement included in the form and context in which it is included ; and | | |
| | (b) a statement that such expert has given and has not withdrawn his consent as referred to in paragraph (a), appears in the prospectus. | | |
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(2) Where any prospectus is issued in contravention of the provisions of this section, the company and every person who is knowingly a party to the issue thereof shall be guilty of an offence and shall be liable to a fine not exceeding five thousand rupees. |
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(3) In this section, the expression "expert" includes an engineer, a valuer, auditor, an accountant and any other person whose profession gives authority to a statement made by him. |
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