(1) Any employer who contravenes the provisions
of section 7 shall be punishable with fine which may extend to two
hundred rupees.
(2) Whoever, having been convicted of any offence under sub-
section (1), is again convicted of an offence under that sub-section,
shall be punishable with fine which may extend to five hundred rupees.
(3) Where an offence has been committed by a company, every
person who, at the time the offence 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 offence 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 provided in this section if
he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such
offence.
(4) Notwithstanding anything contained in sub-section (3), where
an offence under this section has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable,
to any gross negligence 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 such
offence and shall be liable to be proceeded against and punished
accordingly.
(5) 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.
