Defence available to defendant where some other person is responsible for the commission of the offence charged

(1) A person against whom proceedings are brought under this Act shall, upon complaint duly laid by him and on giving to the prosecution not less than three clear days’ notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings, and, if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence. (2) Where a defendant seeks to avail himself of the provisions of sub-section (1)– (a) the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting (b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto. (3) Where it appears to the local authority concerned that an offence had been committed in respect of which proceedings might be taken under this Act against some person and the local authority is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under sub-section (1), the local authority may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned (4) In any such proceedings, the defendant may be charged with and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the first- mentioned person might have been charged.