(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 provided in this Act if he proves that the offence was committed without his knowledge or that he 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 purposes of this section-
(a) "company" means a 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.
Section 34 Offences by companies
Section 34A Offences by Government departments
Section 34AA Penalty for vexatious search or seizure
Section 35 Publication of sentences passed under this Act
Section 36 Magistrate's power to impose enhanced penalties
Section 36A Certain offences to be tried summarily
Section 36AC Offences to be cognizable and non-bailable in certain cases
Section 36AD Application of Code of Criminal Procedure, 1973 to proceedings before Special Court
Section 36AE Appeal and revision