36.
| (1) Where any employer is charged with an offence under this Act, he shall, upon complaint duly made by him in accordance with the provisions of section 148 of the Criminal Procedure Code, and on giving to the prosecution not less than three days' notice of his intention, be entitled, subject to the provisions of Chapter XV of that Code, to have any other person whom he charges as the actual offender brought before the court, and if, after commission of the offence by such other person has been proved, the employer proves to the satisfaction of the court that he has used due diligence to enforce the provisions of this Act and such other person has committed the offence without his knowledge, consent or connivance, then such other person shall be convicted of the offence and the employer shall be exempt from any punishment in respect of the offence. |
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| (2) Where in any case referred to in subsection (1) of this section a complaint is made by an employer against any other person,-
| | (a) the prosecution against such other person shall be conducted by or on behalf of the employer, | | |
| | (b) any witness called by the prosecution in the proceedings against such other person may be cross-examined by any officer authorized in that behalf by the Commissioner, and | | |
| | (c) pending the determination of the proceedings against such other person, the proceedings in the prosecution of the employer shall be adjourned. | | |
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Sri Lanka Consolidated Acts