Section 46
Offence by body corporate
Where a body corporate commits an offence under this Act or any regulations made under this Act, any person who, at the time of the commission of such offence, was a director, manager, secretary or other similar officer of such body corporate or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such body corporate, or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
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Counsellors
(b)
where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.