Exemption of employer or manager from liability in certain cases.

(1) Where the employer or manager of an establishment is charged with an offence against this Act or the rules or orders made thereunder, he shall be entitled upon complaint duly made by him to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if after the commission of the offence has been proved, the employer or manager of the establishment proves to the satisfaction of the Court-\n\n(a) that he has used due diligence to enforce the execution of this Act, and\n\n(b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like fine as if he were the employer or manager and the employer or manager shall be discharged from any liability under this Act.\n\n(2) When it is made to appear to the satisfaction of the Inspector at any time prior the institution of the proceedings-\n\n(a) that the employer or manager of the establishment has used all due diligence to enforce the execution of this Act,\n\n(b) that the offence has been committed by a person other than the employer or manager, and\n\n(c) that it has been committed without the knowledge, consent or connivance of the employer or manager and in contravention of his orders,\n\n(d) the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding, against the employer or manager of the establishment, and such person shall be liable to the like sentence as if he were the employer or manager.