(6)If any person, not being a Director of the company, having been charged by the Board of Directors with the duty of seeing that the provisions of this section are complied with, makes default in doing so, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to [ten thousand rupees,] [ Substituted by Act 53 of 2000, Section 97, for " one thousand rupees" (w.e.f. 13.12.2000).] or with both:Provided that no person shall be sentenced to imprisonment for any such offence unless it was committed wilfully.
