5. If any person overloads any animal he shall be punished with fine which may extend to one hundred Taka, or with imprisonment for a term which may extend to three months, or with both, and (1) if the owner of that animal, and(2) if any person who, as a trader, carrier or contractor, or who, in virtue of his employment by a trader, carrier or contractor, is in possession of that animal or in control over the loading of it, permits such overloading, he shall be punished with fine which may extend to one hundred Taka. Explanation.− For the purposes of this section an owner or other person referred to in clauses (1) and (2) above shall be deemed to have permitted overloading if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom.