Advocates:
['SANJAY KUMAR DWIVEDI', '', 'MOHAN KR DUBEY', 'RAJESH KR SINGH', 'SUCHENDRA PRASAD', '', 'MRINAL KANTI ROY']

to the company or firm for conduct of the business of

the company or the firm including the Director,

Manager or Secretary of the Company or firm shall be

guilty for the contravention and shall be liable to be

proceeded against and punished accordingly.

(2) 'Company' means any body, corporate and

includes a firm or other association of individuals; and

(3) 'Director' in relation to a firm, means and includes a

partner of the firm.

According to Mr. Singh, learned Senior counsel appearing for the

Opp. Party, Hindi text of the explanation to Section 48, does stipulate that

every person of the Company whether it is Director, Manager or Secretary is

becomes responsible if the provision of the Act or Rules is contravened. But on

reading of the said provision, both the Hindi and English text, one would hardly

find any difference in the purports of the said provision, rather meaning of the

provision is the same, that is to say that the Managing Director of the

Company, Manager or Secretary, whoever is responsible for day-to-day affairs,

would be responsible for commission of the offence. Therefore, the proposition

advanced on behalf of Mr.