| 69.  Offences by companies. (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, or 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 under this Act 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), 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, manager, secretary or other officer of  the company, such director, manager, secretary or 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 purpose of this section,— (a)  ''company'' means any body corporate and includes a firm, or other association of  individuals; and (b)  ''director'' in releation to a firm, means a partner in the firm. |