If any person,-
(i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or
(ii) makes any such statement as aforesaid in any book, account, record, declaration, return or
other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 3 [five years,] or with fine, or with both.
(1) If the person contravening an order made under section 3 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 took place without his knowledge or that he exercised all due diligence to prevent such contravention.
(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 director, manager, secretary or
1. Subs. by Act 42 of 1986, s. 3, for "six per cent." (w.e.f. 8-9-1986)
2. Ins. by s. 3, ibid (w.e.f. 8-9-1986)
3. Subs. by Act 36 of 1967, s. 8, for "three years" (w.e.f. 30-12-1967)
other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished 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.
Notwithstanding anything contained in 2 [the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be "cognizable 3 ***].
1. Ins. by Act 36 of 1967, s. 9 (w.e.f. 30-12-1967)
2. Subs. by Act 30 of 1974, s. 7, for "the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 22-6-1974)
3. The words "and bailable" omitted by s. 7, ibid. (w.e.f. 22-6-1974).