Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days’ notice in writing of his intention so to do, to have any other person whom he 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 or manager of the factory, as the case may be, proves to the satisfaction of the Court—

(a) that he has used due diligence to enforce the execution of this Act, and

(b) that the said other person committed the offence in question without his knowledge, consent or connivance,