Section 13. In section 28 of the principal Act, in sub-section (I), the words Amendment "whether as principal or

13. In section 28 of the principal Act, in sub-section (I), the words Amendment "whether as principal or agent" shall be omitted. Act of section 23 `28,` of 1940. 14. For section 30 of the principal Act, the following section shall ~ be substituted, namely: - tion for section 30 in Act `23` of 194P. "30. (1) Whoever, having been convicted of an offence under Penalty for section 27 is again convicted of an offence under that section, z!{$yt shall be punishable with imprisonment which may extend to five years, or with fine, or with both. (2) Whoever, having been convicted of an offence under section 28 or section 29 is again convicted of an offence under the same section shall be punishable with imprisonment which may extend to two years, or with fine, or with both.". `151.` In section 33 of the principal Act,- Amendmer: t of section 33, (a) for sub-sectian (I), the following sub-section shall be `23` substituted, namely: - 1940. `"(1)` The Central Government may after consultation Power of with the Board and after previous publication by noti- CentralGovernment to fication in the Official Gazette, make rules for the purpose e rules. of giving effect to the provisions of this Chapter: Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules."; (b) in sub-section (Z), in clause (f), for the words "to cure or mitigate", the words "to prevent, cure or mitigate" shall be substituted. 16. For section 34 of the prineipal Act, the following Chapter shall Substitution - be substituted, namely: - 1 ofnew Chip- ofnew Chipte for sectlon 34 In Act `23` `of` 1940- "CHAPTER V ==> picture [99 x 16] intentionally omitted <== 34. (1) Where an offence under this Act has been committed offefices by by a company, every person who at the time the offence was companies. committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well ; ~ Publication of sentences passed under this Act, Magistrate's power to iqpose enhanced pegalties. Protection of aclion taken in good faith. Amendment of the Schedule, Act Drugs (Amendment) `[ACTS 11` & 12 as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. - (2) Notwithstanding anything contained in sub-section (I),- where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the cons~ent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, man'ager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section- , (a) 'company' means a body corporate, and includes a firm or other association of individuals; and (b) 'director' in relation to a firm means a partner in the firm.