Minimum Retirement Age of Workers Act 2021 · As enacted · Part IV · Offences and Penalties
17. Special defense open to a person charged with an offence under this Act
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
Where any employer is charged with an offence under this Act, such employer shall upon complaint duly made by him in accordance with the provisions of section 136 of the Code of Criminal Procedure Act, No.15 of 1979
and on giving to the prosecution not less than three days’
notice of his intention, be entitled subject to the provisions of Chapter XIV of that Act 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 that such other person has committed the offence without his knowledge, consent or connivance, then, that such other person shall be convicted of the offence and the employer shall be exempt from any punishment in respect of the offence.
Where in any case referred to in subsection (1), a complaint is made by an employer against any other person –
the prosecution against such other person shall be conducted by or on behalf of the employer;
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-General; and
pending the determination of the proceedings against such other person, the proceedings in the prosecution of the employer shall be adjourned.