Penalty if the foreman is a company

Miscellaneous

Penalty if the foreman is a company. —(1) If the foreman contravening any of the provisions of this Act is a company, every person who, at the time the contravention was committed, was in charge of and as 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 contravention 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 punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

1. (2) Notwithstanding anything contained in sub-section (1), where such contravention has been committed by a company and it is proved that such contravention 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, such director, manager, secretary or other officer, as the case may be, shall also be deemed to be guilty of that contravention and shall be liable to be proceeded against accordingly. Explanation. —For the purposes of this 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.