Penalties

9. If any person-

(a) fails to keep books of account or to submit returns in accordance with the provision of section 5 and the rules made in that behalf under section 12, or

(b) wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Act,

he shall, on conviction, be punished with fine which may extend to 1[one thousand rupees],

10.

(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 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 continued in this sub-section shall render any such person liable to any punishment provided in this Act 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) Not withstanding anything contained in sub-section (1), whore an offence-under this Act has been committed by a company and it is proved that the offense-has been committed with the consent 'or connivance of or is attributable to any neglect on the port of, any director, manager, secretary or other officer of the company, such director, manager, secretary of other officer shall also be deemed to be guilty of that offence find, shall be liable to be proceeded against and punished accordingly.

Explanation-the purposes of this section,—

(1) "company" means a body corporate and includes e firm or other association of individuals; and

(6) "director " in relation to a firm means partner in the firm

11. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

1. These words were substituted for the words "fifty rupees" by Guj. 8 of 1999,s.5.
2. These words, brackets, figures and letters were substituted for the words such rules may" by Guj. 20 of 1968, s.6 (l)(i).
3. Clause (a) was substituted for the original by Guj. 8 of 1999, s.6.

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