Section 13

Whenever it is proved to the satisfaction of a Magistrate that any person employed as aforesaid has committed an offence under this Act in the presence of any overseer, headman, or other person having authority over him for the purposes of the said employment, such overseer, headman, or other person shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand ringgit or to both unless he proves to the satisfaction of the Magistrate that such offence was committed without his consent and that he took reasonable measures to prevent the commission of the same and to ensure the effective suppression thereof.

Nothing contained in this section shall be deemed to exempt any person from liability to any penalty provided by this Act for any offence thereunder proved to have been committed by him.

No prosecution of any employer, overseer, headman, or other person under this section shall be instituted except by the authority of the Public Prosecutor.

Arrest by employer