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60.
Offences
by Companies
(1)
Where an offence under the 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), where an offence under
the 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 a body corporate and includes a firm, association or persons
or body of individuals whether incorporated or not; and
(b)
‘Director’ in relation to a firm means a partner in the firm, and in
relation to any association of persons or body of individuals, means any member
controlling the affairs thereof
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