(1) If in respect of an application for a patent any person fails to comply with any direction issued or deemed to have been issued under sub-section (1) of section 78B,—
(a) the application for the patent shall be deemed to have been abandoned;
(b) such person shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(2) If the person committing an offence under sub-section
(1) Is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence 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 exercised all due diligence to prevent the commission of such offence.
Contravention of directions under section 78B.
426 THE GAZETTE OF MDIA EXTRAORDINARY [PART II—Sac. 1]
(3) Notwithstanding anything contained in sub-section (2), where an offence under sub-section (1) has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any njeglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Eocplanation.—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.'.
ZAKIR HUSAIN, President.
V. N. BHATIA, Secy, to the Govt, of India.
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