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(1) Where a person committing a contravention
of any of the provisions of this Act or of any rule,
direction or order made thereunder is a company, every
person who, at the time the contravention was committed,
was in charge of, and was responsible to, the company
for the conduct of business of the company as well as
the company, shall be guilty of the contravention 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 punishment if
he proves that the contravention took place without
his knowledge or that he exercised all due diligence
to prevent such contravention.
(2) Notwithstanding anything contained in sub-section
(1), where a contravention of any of the provisions
of this Act or of any rule, direction or order made
thereunder has been committed by a company and it is
proved that the contravention has taken place 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 also be deemed to be
guilty of the contravention and shall be liable to be
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 to a firm, means a partner
in the firm.
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