Amendment status not verified — confirm the current text below against the official source.
('1 ) Where an offence under this Act has been comrnitted by a company , every person who at the time, when the off ence tJas 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 !iable to be proceeded against and punished accordingly: ccE Provided that, nothing contained in this sub- section shall render any such person liable to any punishment under this Act il he proves that the otfence was committed without his knowledge or that he 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 thatthe 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 officerof the company, such director, manager, secretary or other officer shall also be deemed to be guilty ol that otfence and shall be liable to be proceeded against and punished accordingly. Explanation, - For the purposes of this section,- (a) 'tompany" means a body corporate and includes firm association of persons or body ol individuals whether incorporated or not. (b) "directof', in relation to firm, means a partner in the lirm, and in relation to any associatlon of persons or body of individuals, means any member controlling the affairs thereof .