Offences to be cognizable

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), all offences under this Act shall be cognizable. (1) Where an offence under this Act has been committed by a company, every person who at the time of commission of such offence 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 such offence and shall be liable to be proceeded against and be punished: 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 member of the management or any employee of the company, such person (s) shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished under Section 15. Explanation- For the purpose of this Section- (a) "Company" means any body corporate and includes a firm, sole-proprietorship or any association of individuals dealing with business of acids.