Section 8:
Offences by companies.
(1) Where a person committing a contravention or default referred to in
section 6 or section 7 is a company, every person who, at the time the contravention or default 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 or default 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 or default was committed without his knowledge or that he had exercised
all due diligence to prevent the contravention or default.
(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 same was committed with the consent or connivance
of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or
employee of the company, such director, manager, secretary, other officer or employee shall also be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “a company” means any body corporate and includes a firm, a trust, a co-operative society
and other association of individuals;
(b) “director”, in relation to a firm or trust, means a partner in the firm or a beneficiary in the
trust.