Section 59(2) in The Maharashtra Shops and Establishments Act, 1948
(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 without 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 manager of the establishment, and such person shall be liable to the like fine as if he were the employer or manager.
