(5)If any of the persons referred to in sub-section (6) fails to take all reasonable steps to secure compliance by the company with the requirements of this section, or has by his own wilful act been the cause of any default by the company thereunder, 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 65 of 1960, Section 60, for " fine which may extend to one thousand rupees" (w.e.f. 28.12.1960).],[or with both] [ Substituted by Act 65 of 1960, Section 60, for " fine which may extend to one thousand rupees" (w.e.f. 28.12.1960).]:Provided that in any proceedings against a person in respect of an offence under this section consisting of a failure to take reasonable steps to secure compliance by the company with the requirements of 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 60 (w.e.f. 28.12.1960).] that a competent and reliable person was charged with the duty of seeing that those requirements 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.] [ Inserted by Act 65 of 1960, Section 60 (w.e.f. 28.12.1960).]
