(1) Where an offence under this Ordinance has been committed by a company, every person who, at the t ime the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as wel l as the-eonr pany, 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 h e proves that the offence was committed without his knowledge or tha t 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 Ordinance has been committed by a company and it is proved that t h e offence has been committed wi th the consent or connivance of, or is a t t r ibutable to any neglect on the par t of, any director, manager, secretary or other officer of the company, such director, manager , secretary or other officer shall also be deemed to be guil ty of tha t 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 Pi uteelion of action taken under the Ordinance Penalty.
Offences by companies SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 419
(b) "director'' in relation to a firm means a partner in the firm.
22. The provisions of this Ordinance shall have effect notwith- E standing anything inconsistent therewith contained in any other ^ law for the tane being in force. w