Amendment status not verified — confirm the current text below against the official source.
Offences by companies. (1) Where any 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: 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 an 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 10 be guilty of that offence and shall be liable 1o he 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 1o a firm, means a partner in the firm, and, in relation to a Hindu undivided family, means the Karta of such family. Cognizance of offences. 16. Cognizance of offences, No court shall take cognizance of any offence punishable under this Act except upon a complaint made by the Central Government or any officer or authority authorised in writing by the Central, Government in this behalf. Power 10 exempt. 17. Power to exempt. Where the Central Government is of the opinion that it is necessary or expedient so 10 do either, in the public interest or having regard to the peculiar circumstances of any case, it may, by notification, and subject to such conditions, if any, as it may specify in the notification.- (a) exempt any establishment or category of employees, working in any establishment from the operation of all or any of the provisions of this Act; (b) exempt, in the case of extreme hardship to any employee, from crediting any amount in relation to such employee to the Additional Wages Deposit Account; 509 (¢) empower deductions from additional wages in relation 10 an employee or class of employees, at a rate lesser than the rate specified in this Act. Power to delegate. 18. Power to delegate. The Central Government may, by notification, dircet that ally power which may be exercised by it under this Act or any scheme framed under this Act shall, subject to such restrictions and conditions, if any. as it may specify in the notification, be exercised also by- (a) such officer or authority subordinate to the Central Government: or (b) such State Government or such officer or authority sub- ordinate to a State Government: or (¢} such other person or authority, as may be specified in the notification: Provided that the powers conferred by section 10) and section 24 shall not be delegated under this section. Protection against attachment,