(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-
(a) that he has used due diligence to enforce the execution of this Act, and Inspectors to be public servants.
45 of 1860 Employes and Manager to produce register, records etc.
for Inspection.
Offences.
Determinations of employer for the purposes of this Act.
Exemption of employer or manager from liability in certain cases.
The Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980 1980 :Guj . 32 ] 9 of 11
(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.
(2) When it is made to appear to the satisfaction of the Inspector at any time prior 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) that the offence has been committed by a person other than the employer or manager, and
(c) that it has been committed without the knowledge, consent or connivance of the employer or manager and in contravention of his orders,
(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.
20. No prosecution under this Act or the rules or orders made there- under shall be instituted except by an Inspector and except with the previous sanction of an officer or officers notified by the State Government in this behalf or the local authority, as the case may be :
Provided that any local authority may direct that the powers conferred on it by this section shall, in such circumstances and subject to such conditions, if any, as may be specified in the direction, be exercised by its standing committee or by any committee appointed by it in this behalf or if such local authority is a municipal corporation, by its Municipal Commissioner or Deputy Municipal Commissioner, or by any other officer as may be specified in the direction.
21. Any contribution payable under this Act shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.
22. No suit or other proceeding shall lie against the State Government or a local authority or any officer or employee of the State Government or of the local authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.