Section 40

Where any offence punishable with a fine or imprisonment has been committed, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed by a society or in the name or on behalf of a society, every office-bearer of the society and every person managing or assisting in the

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management of the society at the time of the commission of such offence is guilty of such offence and liable on conviction to the punishment prescribed by law therefor, unless he proves to the court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.

Any such office-bearer and person shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.

In any prosecution under subsection (1), any document found in the possession of any such office-bearer or person or of any other member of such society or in any place used or controlled by such society shall be prima facie evidence of the contents thereof for the purpose of proving that anything has been done or purports to have been done by or on behalf of the society.