Where the occupier of a shop or commercial establishment is charged with an offence against this Act or the rules or orders made thereunder, he shall be entitled, upon complaint duly made by him, to have his agent or servant whom the charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier proves to the satisfaction of the Court—

1. that he had used due diligence to enforce the execution of this Act and the rules or orders made thereunder; and
2. that the said agent or servant committed the offence in question without his knowledge, consent or connivance, or wilful neglect or default.

That agent or servant shall be convicted of the offence and shall be liable to the like fine as if he were the occupier, and the occupier shall be discharged from any liability for the offence.