Where any. person‘liablo to. pay» contribution under section 4 is adjudicatedineolvent orwin me where such personiis-arcompany, an order for winding up is made, the amount due from such person under the scheme shall, where the liability therefor has accrued before the-order of adjudication unwinding up is‘marle; be deemed .to he'included amongthe- debts which‘ under sectiornifi of the Insolvency Act, 1955 (2 of 1956) or under section 530 of the ‘7 ‘\ 205 Gompm1ies>Aot-,.1956: (Gentml Antlll of 1956) are to.be paid-in priority to. allroflmn dEbteinl the: dishibntioniof- the- property of: the insolvent: on the assets: ofl the company; being wound. up; as: the: case may be.
19. Penalty: (31$ Whoever for the purpose of' avmding any paymentx tmba madmbyyhimselfxmnlm this Act or under the scheme or fonmabling: any other person) toiaxvoid: such payment lmowingly makescn causes to.be.made any.£a.lseistabemention false representation sh'alI‘be‘ punishable with imprisonment for a term which. may extend to three months or with fine which may extend to one thousand-rupees; or'w-itii-lioth.
(2): Whoever contrayenesoz: makes default in complying.with any of‘the provisions. of thi's.A'ct-.on tithe: scheme shall, if. no»other penalty is elsewhere. provided by or 'under this Act for such contravention Wmomcomplizmoe; be punishable with imprisonment for-a‘ term which may extend tO‘ three months or with fine which may'e'xtend ' to‘ one thousand rupees,. or with hoth‘.
(3) No court shall take cognisance of any. offence punishable under this Act except on a report in writing of the facts constituting manoflmceemadmwidnuie-meouw sanction of the Board, by the Humorrofifimmwon'hytthv Managing” Director of the Kerala $211123 Cmamnzfive Fademtien fam'FisheriesI Development or- by- such officer of the Bomflmt’DbpantmantJ off Fisheries not beIOW'the-rank ofiAssistanLDinecton of. Fisheries,.a.s may‘ be specified in this behalf by the Board.
20. Oflanoas'bly Gampaniesa~fllbl If! the person committing! an offence under this.Aot.is:aJ company, every officer of‘ the company who is. in. default as well as the cornpany,- shalt be deemed! to: be guilty of the offénce and shall‘be liablettobc proceeded against and punished accordingly:
' RroWdedltliatf in) any proceeding" against an officer of the company in\ respect ofazn ofi‘énce‘ undér' this [tot it‘ appears to the court hearing the case that the offénce‘ iS' not attributable to the negligence; default; Breach of'duty;.misfeasance or breach of trust emmnittedxbyy tho' ofiicembntx that! he hasr acted honestly and reasonably and thathavinga reganiitb’all’ the circumstances of'tlie canajnduding, those connected. with. his‘ appohltment, he ought fairly, to be. excused; the. count. may: relieve him either wholly' or partly,.fromi his-.liability on such terms~as= it may think fit.
(2) Notwithstanding anything contained in' sub-section (it), where an offence under. this Act has been. committed. by a company and‘ it" is‘proved that' the offence- hasbeen committedwithi the consent‘ Wmmi‘vance of; or is attributable to any wilful negligence,