Lawgist23Exemption 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 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 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.
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- 1 Short title and extent
- 2 Interpretation
- 3 Fixing of minimum rates of wages
- 4 Minimum rate of wages
- 5 Procedure for fixing and revising minimum wages
- 6 [Omitted.]
- 7 Advisory Board
- 8 Central Advisory Board
- 9 Composition of committees, etc
- 10 Correction of errors
- 11 Wages in kind
- 12 Payment of minimum rates of wages
- 13 Fixing hours for a normal working day, etc
- 14 Overtime
- 15 Wages of worker who works for less than normal working day
- 16 Wages for two or more classes of work
- 17 Minimum time rate wages for piece work
- 18 Maintenance of registers and records
- 19 Inspectors
- 20 Claims
- 21 Single application in respect of a number of employees
- 22 Penalties for certain offences
- 22A General provision for punishment of other offences
- 22B Cognizance of offences
- 22C Offences by companies
- 22D Payment of undisbursed amounts due to employees
- 22E Protection against attachment of assets of employer with Government
- 22F Application of Payment of Wages Act, 1936, to scheduled employments
- 23 Exemption of employer from liability in certain cases
- 24 Bar of suits
- 25 Contracting out
- 26 Exemptions and exceptions
- 27 Power of State Government to add to Schedule
- 28 Power of Central Government to give directions
- 29 Power of the Central Government to make rules
- 30 Power of appropriate Government to make rules
- 30A Rules made by Central Government to be laid before Parliament
- 31 Validation of fixation of certain minimum rates of wages
