Amendment status not verified — confirm the current text below against the official source.
(1) Where the employer or manager of an establishment is chared 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- (a) that he has used due diligence to enforce the execution of this Act, Enhanced penalty in ceratain cases ater previous conviction. Penalty for obstructing Inspector. Determination of employer forth. purposes of this Act. Exemption of employer or manager from liability in certain cases, The Bombay Shops and Establishments Act, 1948. 1948 : Bom. LXXIX] 22 of 53 and (b) that the said other person committed the offence in question without his knowledge consent or connivance, that other person shall be convicted if 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. (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 employer or manager of the establishment has used all due diligence to enforce the execution of this Act. (b) by what person the offence has been committed, and (c) that it has been committed whithout the knowledge, consent or connivance of the employer 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 employer or mamager, of the establishment, and such person shall be liable to the like fine as if he were the employer or manager. 85[59A. If any specified person has been required or allowed to work whether as an employee or otherwise in an establishment, before the commencement of the Bombay Shops and Establishments (Gujarat Amendment) Act, 1980 (hereinafter referred to as "the Amending Act") and such act of requiring or allowing such specified person to so work was not a contravention of section 32 before such commencement, then nothing contained in this Act as amended by the amending Act, shall be deemed, to render the continuance of the Act of requiring or allowing such person to so work after such commencement, a contravention of section 32. Explanation.-For the purposes of this section "specified person" means a person who at the time when he was required or allowed to work whether as an employee; or otherwise in an establishment had completed his twelfth year but had not completed his fourteenth year.)