(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, 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:
Offences by companies.
Provided that nothing contained in this subjection shall render any ruch 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 any offence under this Ordinance has been coirtmitted by a company and it la 1530 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II— 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 to be guilty of that offence 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-
19. No suit, prosecution or other legal proceeding shall lie against the Central Government or the successor Government company or any of its officers or other employees for anything which is in good faith done or intended to be done under this Ordinance.
Protection of action taken in good faith.
20. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence against this Ordinance except on a complaint, in writing, made by the Central Government or any officer authorised in this behalf by that Government.
Cognizance of offences.
2 of 1974.
21. Every officer of the Central Government and every officer or other employee of the successor Government company shall be indemnified by the Central Government or the successor Government company, as the case may be, against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Ordinance except such as have been caused by his own wilful act or default.
Indemnity.
22. If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order, not inconsistent with the provisions of this Ordinance, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the appointed day.
Power to remove difficulties.