32. Offences by
companies-
(1)
If
the person committing
an offence under this Act, is a company, every persons who,
at the time the offence was committed was in charge of, and
was responsible to, the company
for the conduct of 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 such punishment provided in this Act if
he proves that the offence
was committed without
his knowledge or that he exercised all the diligence to
prevent the commission of such offence.
(2)
Notwithstanding anything contained in
subsection (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 negligence 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.