Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Central Act V of 1898,) it shall be lawful for any magistrate of the first-class specially ….21
21.
empowered by the Government in this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convincted of an offence which under this Act is punishable with fine exceeding two thousand rupees.
33. Offices by Companies: 1. If the person committing an offence under this Act 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.
2. Notwithstanding anything contained in sub-section 1, where an 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, of the company, such Director Manager, Secy. or other officer, Manager, Secretary to other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation: For the purposes of the section, a “Company” means any body corporate, and included a firm or other association of individuals; and ….22
22.
b. “Director” in relation to a firm, means a partner in the firm.