(1) Where an offence under this Act has been committed by a company, every person, who at the time when 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 excercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) above where any 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 officer of the company, such officer of the company shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
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Explanation :- For the purpose of this section :-
(a) “Company” means any body corporate and includes a firm, Cooperative Society or other Association of Individuals, Non- Governmental Organisations.
(b) “Officer of the Company” means Managing Director, Director, Managing Agent, Secretary, Treasurer or Manager of the Company and includes the office bearers of a firm or Co-operative Society or other association of individuals and Non-Governmental Organisation.
Power to recover damages.
19. Where any person makes default in payment of any contribution to the Fund under this Act, or the Scheme, the Board may recover from him damages, not exceeding twenty five percent of the amount of arrear as they may think fit to impose.
Protection for acts done in good faith.
20. No suit or other legal proceedings shall be filed against any Director of the Board or any other person in respect of anything, which is in good faith done or intended to be done under this Act, or under the Scheme.
Direction by the Government.