Subs by Act 22 of 1987, sec.9, for “certain words” (w.e.f. 1-10-1987). — The PAYMENT OF GRATUITY ACT, 1972

3. Subs by Act 22 of 1987, sec.9, for “certain words” (w.e.f. 1-10-1987). 4.Subs by Act 22 of 1987, sec.9, for “three months” (w.e.f. 1-10-1987). that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as afore said, the employer may be examined on oath and his evidence that if any witness whom he calls in his support shall be subject to cross examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the employer cannot be brought before the court at the time appointed before at the court time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the employer and shall, if the offence be proved, convict the employer.

Section 3