(5)In the event of any contravention by any person whosoever of any of the provisions of this Act or of the regulations, rules, bye-laws or orders made thereunder except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention:—(i)the official or officials appointed to perform duties of supervision in respect of the provisions contravened;(ii)the manager of the mine;(iii)the owner and agent of the mine;(iv)the person appointed, if any, to carry out the responsibility under sub-section (2):Provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investigation, that he is not prima facie liable.
