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.