(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 due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and if 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,—
(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.
Protection 9. No suit, prosecution or other legal proceeding shll lie against of action the State Government or an officer or other employee serving in good faith. connection with the affairs of the undertaking of the Company for taken in anything which is in good faith done or intended to be done under this Act.
Employees to continue in office.