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any order made thereunder shall, on conviction, if no other punishment is prescribed for the same offence under this Act, be punishable with imprisonment for a term not exceeding six months or with fine which may extend to two thousand pees or with both.
(2) Where the offence is committed by more than one person each of them shall be punished severally.
122 Offences by Companies—(1) Where an offence under this Act has been committed by a Company, every person who, at the time the offence was committed, was in charge of and was responsible 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.
(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 any Director or Manager or Secretary or any other officer, such Director or Manager or Secretary or such other officer of the company shall also be deemed to be responsible for the offence and such person 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.
123 Prosecution under other laws not barred—Nothing contained in this Act shall be construed as preventing any person from being prosecuted or being made liable for any penalty or punishment fixed under any other Act for an offence made punishable under any other Act and by this Act in addition the action taken under this Act.
124 Procedural irregularity not material—No rule made by or under this Act or any rule, order, direction, adjudication, investigation, trial, notification, action taken, issued or published basically consistent with the said rule, shall not be deemed to be illegal or invalid or void or incomplete on the ground of any defect or irregularity in the procedure or form unless such defect or irregularity shall not prejudicially cause any material harm or fault.
125 Cognizable offences and bailable offences—(1) Offences under sections 116, 117, 118 and 119 of this Act shall be cognizable and bailable and an offence under section 115 shall be cognizable and non-bailable.
