Clause 81

In the event of any contravention in, or in connection with, or in relation to, a factory of the provisions of this Act, or of any regulation, rule or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject as hereafter in this Act provided, be guilty of an offence.

In the event of a contravention by an employed person of the provisions of Part IX of this Act with respect to duties of persons employed or of a contravention by any person of any regulation, rule or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said provisions of Part IX of this Act, or the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid.

An employed person who has contravened the provisions of section 73 of this Act may be arrested without warrant by any police officer or by an inspector authorised in writing in that behalf by the Commissioner and taken before a Magistrate’s Court and shall be liable on conviction to a fine not exceeding five hundred dollars, and in the case of a second or subsequent conviction to a fine not exceeding two thousand dollars.

Notwithstanding the provisions of subsection (3) of this section or of any other written law for the time being in force, any police officer or any inspector who, having effected an arrest in accordance with the provisions of subsection (3) of this section, is satisfied as to the identity, name and place of residence of the person arrested, may in his discretion instead of taking him before a Court or to a police station serve upon the person a notice, in such form as may be prescribed under section 93 of this Act, requiring the person to attend at the Court described at the hour and on the date specified in the notice.

For the purpose of satisfying himself as to the identity of the person arrested, such police officer or inspector may require the person arrested to furnish such evidence of identity as he may think necessary.

A duplicate copy of the notice referred to in subsection (4) of this section shall be prepared by the police officer or inspector, as the case may be, and if so required by a Court, produced by him to the Court.

On an accused person appearing before a Court in pursuance of a notice referred to in subsection (4) of this section, the Court shall take cognizance of the offence alleged and shall proceed as though he were produced before it in pursuance of subsection (3) of this section.

If a person upon whom such a notice has been served as aforesaid fails to appear before a Court in accordance therewith, the Court shall thereupon issue a warrant for the arrest of such person.

Upon a person arrested in pursuance of a warrant issued under subsection (8) of this section being produced before it, a Court shall proceed as though he were produced before it in pursuance of subsection (3) of this section and shall at the conclusion of such proceedings call upon him to show cause why he should not be punished for failing to attend in compliance with the notice delivered to him and if cause is not shown may order him to pay such penalty not exceeding two thousand dollars or may commit him to prison for a term not exceeding two months.

If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.

If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation, rule or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

Where an offence under this Act committed by a company, co-operative society or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.