Factories Act, 1934 — section 71

71. Exemption of occupier or manager from liability in certain cases..—_(1) Where the occupier or manager of a factory is charged with an offence against this Act, 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 occupier or manager of the factory proves to the satisfaction of the Court

(a)that he has used due diligence to enforce the execution of this Act, and

(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 occupier or manager, and the occupier or manager shall be discharged from any liability under this Act.

(2)When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings

(a)that the occupier or manager of the factory has used all due diligence to enforce the execution of this Act, and

(b)by what person the offence has been committed, and 1 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3, Sch. 2. (w. e. f. the 14th October, 1955).

(c)that it has been committed without the knowledge, consent or connivance of the occupier or manager, and in contravention of his orders, the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or manager of the factory, and such person shall be liable to the like fine as if he were the occupier or manager.