(1) Where an offence under this Ordinance has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, tho company, for the conduct of the business of the company, as well as the company, shall be deemed to be gniltv of the offence and shall be liabe to be proceeded against and punished accordingly:
Offences by companies.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if hci proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the .•ommission of such offence.
(2) Notwithstanding anything conatined in subjection (1), where anv offence under this Ordinance has been commiittpd bv a comDiny and it is Droved fiat tin" offence has been committed with the consent or connivance 6 THE GAZETTE OF INDIA EXTRAORDrNARY [PAIU TJ— of, or is attributable to any neglect on the part of, any director, manager, [secretary or other officer of the company, such diretcor, manager, secretary or other officer shall be deemed to be guilty of thiat offence and sh,ill be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) "company1' 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.
CHAPTER IV MlSCtl LANEOUS
18. Save as otherwise expressly provided in this Ordinance, the provisions of the Iudian Railways Act, 1890, and the rules, orders or notifications made or issued thereunder shall, so far as may be, and subject to such modifications as may be necessary, apply to the operation and maintenance of the metro railway, as it such metro railway were a railway as defined under that Act, and the references to "railway administration" and "inspector" in that Act shall be sonktrued as references to the "metro railway administration" and "commissioner" respectively.
9 of 1890.
Application of Act 9 of 1890 and the rules etc., made thereundti to the metio railway
19. The provisions of this Ordinance or any rule made or any notification issued thereunder shall have effect notwithstanding nm/Hiitur i"̂ QMjyjĵ gJf| thf-rt-witiTi contained in any enactment other thlan this Ordinanc*«rflTany mstrumcrii Having effect by virtue of any enactment other than-fWs Ordinance.
Eflect of Ordlnatitc and rules, etc., inconsistent with other enactment".