(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 contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

   (2)  Notwithstanding anything contained in sub-section (1), where any 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 other officer of the company, such director, manager, secretary or other officer shall 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.

STATE AMENDMENT

Uttar Pradesh

   Insertion of section 11-A of Act No. 25 of 1976.—After section 11 of the Equal Remuneration Act, 1976 the following section shall be inserted, namely:-

   11A.  Composition of offences.—(1)  Any offence punishable under this Act with fine only or with imprisonment up to one month or with both shall be compounded on the application of accused before or after institution of persecution by a competent authority notified by the State Government, after imposing 50% of the fine for the offence as compounding fee along with the prescribed fine;

   Provided that remedy for compounding shall be available for the first offence only.

   (2)  Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to direction, control and supervision of the State Government.

   (3)  Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed.

   (4)  Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.

   (5)  Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.”

   [Vide Uttar Pradesh Act 17 of 2018, s. 2]