Section 59
Section 59 of the Bombay Shops and Establishments Act, 1948. 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
(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, 21 of 53 Enhanced penalty in ceratain cases ater previous conviction. 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. Guj. 35 of 1989. 85[59A. If any specified person has been required or allowed to work whether as an employee or otherwise in an establishment, before the commencement of the Bombay Shops and Establishments (Gujarat Amendment) Act, 1980 (hereinafter referred to as "the Amending Act") and such act of requiring or allowing such specified person to so work was not a contravention of section 32 before such commencement, then nothing contained in this Act as amended by the amending Act, shall be deemed, to render the continuance of the Act of requiring or allowing such person to so work after such commencement, a contravention of section 32. Protection in respect of employment of certain children.
Explanation .- For the purposes of this section "specified person" means a person who at the time when he was required or allowed to work whether as an employee; or otherwise in an establishment had completed his twelfth year but had not completed his fourteenth year.)
Section 59, The Bombay Shops and Establishments Act, 1948 (Act 79 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 59
How do I find court cases under Section 59 of the Bombay Shops and Establishments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bombay Shops and Establishments Act 59, section 59 Bombay Shops and Establishments Act, section 59 of the Bombay Shops and Establishments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 59 of the Bombay Shops and Establishments Act, and has it changed?
Its own text turns on section 32, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Bombay Shops and Establishments Act enacted?
Bombay Shops and Establishments Act was enacted in 1948 as Act 79 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f65c3339-02cb-49e5-8e49-19643d22c18e.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2620026a-5270-49c4-9e15-aa1dfddd6e8c/content). This page is not a substitute for legal advice.