Amendment status not verified — confirm the current text below against the official source.
(1) If the person committing an offence Companies. under this Act is a Company, every person, who at the time the offence was committed was in-charge of, and was responsible to, the company for the ccnduct of the bminess of the cempany as well as the compar..y, shall be deemed to be guilty c.f the offence, and shall be liable to be proceeded ag"-inst c.nd punished accc·rdingly : Provided that nothing containrd in this section shall render any such perl'ion liable to any punishment 8.-t THE ASSAM GAZETTE. EXTRAORDtNARY JAN. 9,- 1937 Emerpncy f.::· of -~ Director. provided in this Act, if he proves that the offence was committed without his knowledge, or that he ex~cised all due diligence to prevent the commission of the offence. · (2) Notwithstanding an) thing contained in sub-section (1) where an offence under. this Act, has been committed by a company, and it proved that the offence had 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; mana- ger, secretary or other officer shall also be deemed to be proceeded against and punished aecordingly. EXPLANATION.-For the purpc>sesofthis section,- ( a) 'Company' means a body corporate and includes a firm or other· association of in- dividuals; and . (b) 'director' in relation to a firm means a partner in the firm.