Penalties and procedure.

(1) Any person found guilty of an offence under this Act shall, on conviction, be punishable with imprisonment for a term which may extend to three years and shali also be Iiabic to fine. (2) Where an offence under this Act has been commirred by a company, every incharge of, or responsible to, the company for the conducl of its business at the time of the commission of the offence shall be liable to the proceded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person Iiable to any punishment i F he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding any thing contained in sub-section (Z), where an offence under this Act has been committed by a company and it is proved r hat the offence has been committed with the consent or connivance of or that the commission of the offence is athbutable to any neglect on the part of, a director, manager, secretary or orher officer of the company, such director, manager, secrerary or other officer shall also be proceeded against and punished accordingly. Explariatifln.-For the purposes of thjs section,- (a) "company" means any 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. [(4) The offences under this Act shall be cognizable and non-bai lable.] (5) Any magishate or bench of magistrates empowered for the rime being to try in a summary manner the offences specified in sub-section ( I ) of section 260 of the Code -of Criminal Peocedurc , 1973 may, if such rnagisuate or bench of magistrates thing(s) fit, on an application made, in this behalf, by the complainant, try any offence under [his Act in accordance with the provisions conrained in sections 262 to 265 of the said Code.