(1) _Where an offence under this Act has bee'n, committed by a, company, eyerv person· who at the time the offence was committed was in charge of, and was responsible · to, the company for .tl)e conduct of the .business of the company, as . ' 948 THE ASSAM GAZETTE. EXTRAORDINARY , DEC. 8, !S88 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 provided in this Act ir he . . proves that the offence was coJ:nmitted without his. know-.
ledge 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 that the offence has been committed with the consent or connivance of, or is attributable to anv neglect on the part of any director, manager, secretary or other officer of the company, such . director, m·anager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and puni shed. accord~ngly.
· Explanation :- For the purpose of this sec ...
tion ,-· ·
(a) cccompany" means a body corporate, and includes a firm or other association of .
· persons or body of individuals, and ~ . .
" ... "_.{;~-~~ .,,. .,.·~_ .. :f;,~'&i ·· (b) <( director" in relation to a firm . mear1~ a partner in the firm.
Protection 15. No suit or 9ther .proceeding shall lie against · of · · adi~n the State Government or any officer of the State taken tn G f th' ·h. h . . d f 'tl. good faith. overnment or any 1ng w IC IS In goo ru. rl · Power to make rules.
done or intended io be done in pursuance of this Act or any rules made thereunder.