(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 oi, 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 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 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 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.
Szc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 401 Vexatious search, seizure, etc., by Gold Control Officer.
95. Any officer exercising powers under this Ordinance or any rule or order made thereunder, who knows that there are no reasonable grounds or suspicion for so doing,—
(a) searches or causes to be searched any house, conveyance or place,
(b) searches or arrests any person,
(c) seizes any movable property on the pretence of seizing or searching for any article liable to confiscation under this Ordinance, shall, for every such offence, be punished with fine which may extend to two thousand rupees.
Failure of Gold Control Officer in duty or his connivance at the contravention of the provisions of this Ordinance.