(5)If any person, being a Director of a company, fails to take all reasonable steps to comply with the provisions of this section, 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 in any proceedings against a person in respect of an offence under this section, it shall be a defence to prove [* * *] [ The words " that he had reasonable ground to believe, and did believe," omitted by Act 65 of 1960, Section 61 (w.e.f. 28.12.1960).] that a competent and reliable person was charged with the duty of seeing that the provisions of this section were complied with and was in a position to discharge that duty:Provided further that no person shall be sentenced to imprisonment for any such offence unless it was committed wilfully.
