FACTORIES, OFFICES AND SHOPS ACT - 1970 (ACT 328)

    Section - 61 - Liability of Actual Offender.

    (1) Where an act or default for which an occupier or owner is liable under this Act is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker or other person shall be guilty of an offence and liable to the same punishment as if he were the occupier or owner, as the case may be.

    (2) Where an occupier or owner is charged with an offence under this Act, it shall be a defence for him to prove to the satisfaction of the court-

    (a) that he used all due diligence to enforce the execution of this Act and of any relevant regulation made thereunder; and

    (b) that another person has committed the offence in question without his consent, connivance or wilful default.

    (3) Where an occupier or owner is acquitted in pursuance of subsection (2), the court may direct that proceedings be taken against the person who appears to be the actual offender.

    (4) When it is made to appear to the satisfaction of an Inspector at the time of discovering an offence-

    (a) that the occupier or owner, as the case may be, has used all due diligence to enforce the execution of this Act and of any relevant regulation made thereunder; and

    (b) by what person the offence has been committed; and

    (c) that it has been committed without the consent, connivance or wilful default of the occupier or owner 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 owner.