12.
| (1) Where an offence for which an employer is liable under this Act has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer, and either together with, or before or after the conviction of the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable. |
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| (2) Where an employer who is charged with an offence under this Act, proves to the satisfaction of the court that he has used due diligence to enforce the execution of this Act and that the offence was in fact committed by his agent or some other person without his knowledge, consent or connivance, such employer shall be exempt from any penalty in respect of the offence, without prejudice however to the power of the court under section 10 (2) to order such employer to pay any sum which appears to be due to the employee under section 4. |
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Sri Lanka Consolidated Acts