State Act

The Bombay Shops and Establishments Act, 1948

This Act was repealed on 1 May 2019 by the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (Gujarat Act 4 of 2019), s.41; it may still apply to matters that began before then.

59. (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, 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.