Section 74: Power of occupier or owner to exempt himself from liability on conviction of actual offender.

(1) Where the occupier or owner of a factory is charged with an offence under the provisions of this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender (whether or not that person is his agent or servant) brought before the court at the time appointed for hearing the charge and if, after the commission of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the court-
(a) that he has used all due diligence to enforce the execution of the provisions of this Act and of any relevant regulations or order thereunder; and
(b) that the said other person committed the offence in question without his consent, connivance or wilful default,
that other person shall be convicted of the offence, and the occupier or owner shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay costs incidental to the proceedings.
(2) The prosecution and the other person referred to in subsection (1) of this section shall each have the right in any case to cross-examine the occupier or owner if he gives evidence, and any witness called by him in support of his charge, and call rebutting evidence.
(3) 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, of the factory has used all due diligence to enforce the execution of this Act and of any relevant regulation or order made thereunder;
(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, as the case may be, 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 of the factory.