Section 48:
Contravention by companies.
(1) Where a person committing contravention of any of the
provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company,
every person who, at the time the contravention was committed, 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 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 any
punishment if he proves that the contravention was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such contravention.
(2) Notwithstanding anything contained in sub-section (1), where a contravention of any of the
provisions of this Act or of any rule, regulation, order made or direction issued thereunder has been
committed by a company and it is proved that the contravention has taken place with the consent or
connivance of, or is attributable to any neglect 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 contravention and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means a 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.