Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, 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 punishment as if he were the
occupier or manager of the factory, and the occupier or manager, as the case
may be, shall be discharged from any liability under this Act in respect of
such offence:
Provided that in seeking to prove as aforesaid, the occupier or manager of
the factory, as the case may be, may be examined on oath, and his evidence
and that of any witness whom he calls in his support shall be subject to
cross-examination on behalf of the person he charges as the actual offender
and by the prosecutor:
Provided further that, if the person charged as the actual offender by
the occupier or manager cannot be brought before the Court at the time
appointed for hearing the charge, the Court shall adjourn the hearing from
time to time for a period not exceeding three months and if by the end of
the said period the person charged as the actual offenders cannot still be
brought before the Court, the Court shall proceed to hear the charge against
the occupier or manager and shall, if the offence be proved, convict the
occupier or manager.
Section 101 of Factories Act - Exemption of occupier or manager from liability in certain cases
Section 102 of Factories Act - Power of Court to make orders
Section 103 of Factories Act - Presumption as to employment
Section 104 of Factories Act - Onus as to age
Section 104A of Factories Act - Onus of proving limits of what is practicable, etc
Section 105 of Factories Act - Cognizance of offences
Section 106 of Factories Act - Limitation of prosecutions
Section 107 of Factories Act - Appeals
Section 108 of Factories Act - Display of notices
Section 109 of Factories Act - Service of notices
Section 110 of Factories Act - Returns