(1) Where an offence under tills Ordinance has been committed by a company, every person who at the time 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 provided in this Ordinance if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an 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 lo, any neglect 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 the offence and shall be liable to he proceeded against and punished accordingly.
Explanation.— For the purposes of this section, *
(a) "company" means any body corporate and includes a finn or other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
SEC. 1] THE QA2ETTE OF INDIA EXTRAORDINARY 13 31- (1) Where nn offence under 111 is Ordinance has been commilled by any Department of Government, the Head of the Deportment shall be deemed to be guilty of the offence and shall be liable to be proceeded ngnmst and punished accordingly unless lie proves that the ofTence wns committed without his know ledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (IJ, where nn oHence undti tiiis Ordinance tins been committed by a Department ofGovemmeni mid it is piovcd that the offence hns been committed with consent or connivance of, or is nttributnble to nny neglect on the part of, nny officer, other than the Head of the Department, Mich officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Offences by Government Departments.
27 of 1957.
43 of 1961.
32. Notwithstanding anything contained in the Wealth-tax Act, 1957, the Incometax Act, 1961, or any other enactment for the time being in force relating to (ax on wealth, income, profits or gains, the Authority shall not be liable to pay wealth-tax, income-tox or any other tax in respect of their wealth, income, profit-; or gains derived Exemption from (ax on wculth and income.
33. 1 lie Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Ordinance (except (he power to settle dispute under Chapter IV and to make regulation under sectjon 3<5) ns it may deem necessary.
Delegation.
31. (I) No court shall take cogni/nnce of any offence punishnble under ihis Ordinance or the rules or regulations made thereunder mve on a complaint mode by the Authority.
(2)Nacoui1 inferior to that of a Chief Metropolitan Magistrate or a Chief Judicial Magistrate of the first class shall try any offence punishable under this Ordinance.
Cognizance of ol fence1;.