Exemption of employer from liability in
certain cases
23.
Exemption of employer from liability in certain cases -
Where an employer 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 employer proves to the
satisfaction of the court-
(a) that he has used due deligence 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
punishment as if he were the employer and the employer shall be discharged :
Provided that in seeking to prove as aforesaid the employer may be examined on oath and
the evidence of the employer or his witness if any shall be subject to cross-examination
by or on behalf of the person whom the employer charges as the actual offender and by the
prosecution.
