41. Offence by partner, agent or servant

Any person who would have been liable to any penalty under this Act or any regulations made under this Act for any act, omission, neglect or default, if the act, omission, neglect or default is committed by him personally shall be liable to the same penalty if the act, omission, neglect or default was committed by his partner, agent or servant unless he proves—

that the act, omission, neglect or default was committed without his knowledge, consent or connivance; and

that he took all reasonable precautions and had exercised due diligence to prevent the act, omission, neglect or default.