shall be deemed to be guilty of such offence and shall be liable to be proceeded, against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment, 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.
(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 was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also 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 persons; and
- (b) "director" in relation to a firm means a partner in the firm.
70. Cognizance of offence.Cognizance of offence- No court inferior to that of a presidency magistrate or a magistrate the first class shall try any offence under this Act.
CHAPTER XIV
Appeals
71. Appeals against certain orders of magistrate.Any person aggrieved by an order made under sub-section (2) of section 64 or section 66 may, within thirty days of the date such order, appeal to the court to which appeals from the court making the order ordinarily lie, and such appellate court may direct the execution of the order be stayed pending disposal, of the appeal.
72. (1) Appeals against orders of Registrar of Copyrights and Copyright Board.Any person aggrieved by any final decision or order of order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Copyright Board.
(2) Any person aggrieved by any final decision or order of the Copyright Board, not being a decision or order made in an appeal under sub-section (1), may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain:
Provided that no such appeal shall lie against a decision of the Copyright Board under section 6.
