Section 3
Subs. by Act 36 of 1967, s. 8, for "three years" (w.e.f. 30-12-1967).
3. Subs. by Act 36 of 1967, s. 8, for "three years" (w.e.f. 30-12-1967).
Provided that nothing contained in this sub-section shall render any such person liable to any
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised
punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
all due diligence to prevent such contravention. Provided that nothing contained in this sub-section shall render any such person liable to any
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised
punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has
(2) Notwithstanding anything contained in sub-section (/), 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
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
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
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.
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has
(2) Notwithstanding anything contained in sub-section (/), 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
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
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
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.
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation
Explanation .
. ―
.—F For the purposes of this section,―
For the purposes of this section,— Explanation.―For the purposes of this section,―
Explanation.—For the purposes of this section,—
(a)
(a) "
" company
"company" " means any body corporate, and includes a firm or other association of
means any body corporate, and includes a firm or other association of individuals; and
individuals; and (a) "company" means any body corporate, and includes a firm or other association of
(a) "company" means any body corporate, and includes a firm or other association of individuals; and
individuals; and
(b)
(b) "
"d director
director" "
" in relation to a firm means a partner in the firm.
in relation to a firm means a partner in the firm. (b) "director" in relation to a firm means a partner in the firm.
(b) "director" in relation to a firm means a partner in the firm.