Page 273 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to ten thousand rupees or with both.

Penalty for Wrongfully Disclosing Results of Analysis under Section 91

Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence
punishable under this Act, publishes or discloses to any person the results of an analysis made
under section 91, shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to ten thousand rupees or with both
Penalty for Contravention of the Provisions of Sections 41b, 41c and 41h

1. Whoever fails to comply with or contravenes any of the provisions of section 41B, 41C or
41H or the rules made thereunder, shall, in respect of such failure or contravention, be
punishable with imprisonment for a term which may extend to seven years and with fine
which may extend to two lakh rupees, and in case the failure or contravention continues,
with additional fine which may extend to five thousand rupees for every day during
which such failure or contravention continues after the conviction for the first such failure
or contravention.
2. If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment
for a term which may extend to ten years.

Offences by Workers

1. Subject to the provisions of section 111, if any worker employed in a factory contravenes
any provision of this Act or any rules or orders made thereunder, imposing any duty or
liability on workers, he shall be punishable with fine which may extend to five hundred
rupees.

2. Where a worker is convicted of an offence punishable under sub-section (1), the occupier
or manager of the factory shall not be deemed to be guilty of an offence in respect of that
contravention, unless it is proved that he failed to take all reasonable measures for its
prevention.
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself
under section 70, a certificate granted to another person under that section, or who, having
procured such a certificate, knowingly allows it to be used, or an attempt to use to be
made, by another person, shall be punishable with imprisonment for a term which may
extend to two months or with fine which may extend to one thousand rupees or with both.

If a child works in a factory on any day on which he has already been working in another
factory, the parent or guardian of the child or the person having custody of or control over
him or obtaining any direct benefit from his wages, shall be punishable with fine which
may extend to one thousand rupees unless it appears to the Court that the child so worked
without the consent or connivance of such parent, guardian or person.
Omitted by the Factories (Amendment) Act, 1987, w.e.f. 1-12-1987 Earlier section 100 was
amended by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976

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