(1) Where an offence under this Act 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 :
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), here any offence under this Act 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,- "company" means any body corporate and includes a firm or other association of individuals; and "director" in relation to a firm, means a partner in the firm.
Penalties Offence by companies Power to make 17. (1) The State Government may, by notification make rules to carry out the rules provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :- the additional matters which the Advisory Council shall secure under clause
(c) of sub-section (3) of Section 6;
the term of office ofr the method of filling casual vacancies among and the allowances and other remuneration, if any, payable to the members of the Advisory Council under sub-section (6) of Section 6;
the additional matters in respect of which the Tribunal shall have the powers of a Civil Court under clause (f) of sub-section (2) of Section 9; and any other matter which is required to be, or may be, prescribed or in respect of which rules may be made, under this Act.
(3) Every rule made under this Act shall be laid on the table of the Legislative Assembly.
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