Page 272 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 12: The Factories Act, 1948

Provided that the owner shall be responsible also for complying with the requirements
relating to the provisions and maintenance of latrines, urinals and washing facilities.
6. The Chief Inspector shall have, subject to the control of the State Government, the power
to issue orders to the owner of the premises referred to in sub-section (5) in respect of the
carrying out of the provisions of section 46 or section 48.

7. Where in any premises portions of a room or a shed are leased to different occupiers for
use as separate factories, the owner of the premises shall be liable for any contravention of
the provisions of -
(i) Chapter III, except sections 14 and 15;
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:
Provided that in respect of the provisions of sections 21, 24 and 32 the owners liability
shall be only in so far as such provisions relate to things under his control:
Provided further that the occupier shall be responsible for complying with the provisions
of Chapter IV in respect of plant and machinery belonging to or supplied by him; (iii)
section 42.
8. The Chief Inspector shall have, subject to the control of the State Government, power to
issue orders to the owner of the premises in respect of the carrying out of the provisions
of sub-section (7).

9. In respect of sub-sections (5) and (7), while computing for the purposes of any of the
provisions of this Act the total number of workers employed, the whole of the premises
shall be deemed to be a single factory.
Enhanced Penalty After Previous Conviction

1. If any person who has been convicted of any offence punishable under section 92 is again
guilty of an offence involving a contravention of the same provision, he shall be punishable
on a subsequent conviction with imprisonment for a term which may extend to three
years or with fine which shall not less than ten thousand rupees but which may extend to
two lakh rupees or with both:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a fine of less than ten thousand rupees:

Provided further that where contravention of any of the provisions of Chapter IV or any
rule made thereunder or under section 87 has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than thirty five thousand rupees in the case
of an accident causing death and ten thousand rupees in the case of an accident causing
serious bodily injury.
2. For the purposes of sub-section (1), no cognizance shall be taken of any conviction made
more than two years before the commission of the offence for which the person is
subsequently being convicted.

Penalty for Obstructing Inspector

Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or
under this Act, or fails to produce on demand by an Inspector any registers or other documents
in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or
prevents any worker in a factory from appearing before, or being examined by, an Inspector,

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